[House Report 116-617]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-617
_______________________________________________________________________
WILLIAM M. (MAC) THORNBERRY
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021
----------
CONFERENCE REPORT
to accompany
H.R. 6395
December 3, 2020.--Ordered to be printed
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2021
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-617
_______________________________________________________________________
WILLIAM M. (MAC) THORNBERRY
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021
__________
CONFERENCE REPORT
to accompany
H.R. 6395
December 3, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
42-147 WASHINGTON : 2020
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 1517
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items............................................. 1517
Summary of discretionary authorizations and budget authority
implication................................................ 1517
Budgetary effects of this Act (sec. 4)....................... 1518
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 1518
TITLE I--PROCUREMENT............................................. 1518
Budget Items................................................. 1518
Columbia-class submarine advance procurement............. 1518
Subtitle A--Authorization of Appropriations.................. 1519
Authorization of appropriations (sec. 101)............... 1519
Subtitle B--Army Programs.................................... 1519
Modifications to requirement for an interim cruise
missile defense capability (sec. 111).................. 1519
Report and limitations on acquisition of Integrated
Visual Augmentation System (sec. 112).................. 1519
Assessment of investment and sustainment for procurement
of cannon tubes (sec. 113)............................. 1519
Subtitle C--Navy Programs.................................... 1520
Limitation on alteration of the Navy fleet mix (sec. 121) 1520
Limitations on Navy medium and large unmanned surface
vessels (sec. 122)..................................... 1520
Fighter force structure acquisition strategy (sec. 123).. 1521
Procurement authorities for certain amphibious
shipbuilding programs (sec. 124)....................... 1522
Land-based test program for the FFG(X) frigate program
(sec. 125)............................................. 1522
Treatment in future budgets of the President of systems
added by Congress (sec. 126)........................... 1524
Extension of prohibition on availability of funds for
Navy waterborne security barriers (sec. 127)........... 1524
Report on strategy to use ALQ-249 Next Generation Jammer
to ensure full spectrum electromagnetic superiority
(sec. 128)............................................. 1524
Subtitle D--Air Force Programs............................... 1524
Minimum operational squadron level (sec. 131)............ 1524
Modification of force structure objectives for bomber
aircraft (sec. 132).................................... 1525
Minimum bomber aircraft force level (sec. 133)........... 1525
Required minimum inventory of tactical airlift aircraft
(sec. 134)............................................. 1526
Inventory requirements for air refueling tanker aircraft
(sec. 135)............................................. 1526
Authority to use F-35A fighter aircraft AT-1 through AT-6
(sec. 136)............................................. 1526
F-35 aircraft gun system ammunition (sec. 137)........... 1527
Extension of limitation on availability of funds for
retirement of RC-135 aircraft (sec. 138)............... 1527
Modification to limitation on retirement of U-2 and RQ-4
aircraft (sec. 139).................................... 1527
Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft (sec. 140)........... 1528
Limitation on divestment of F-15C aircraft within the
European theater (sec. 141)............................ 1529
Modernization plan for airborne intelligence,
surveillance, and reconnaissance (sec. 142)............ 1529
RC-26B manned intelligence, surveillance, and
reconnaissance aircraft (sec. 143)..................... 1529
Prohibition on funding for Close Air Support Integration
Group (sec. 144)....................................... 1529
Required solution for KC-46 aircraft remote visual system
limitations (sec. 145)................................. 1530
Analysis of moving target indicator requirements and
Advanced Battle Management System capabilities (sec.
146)................................................... 1530
Study on measures to assess cost-per-effect for key
mission areas (sec. 147)............................... 1530
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 1530
Budgeting for life-cycle costs of aircraft for the Army,
Navy, and Air Force (sec. 151)......................... 1530
Transfer of responsibilities and functions relating to
electromagnetic spectrum operations (sec. 152)......... 1531
Cryptographic modernization schedules (sec. 153)......... 1531
Department of Defense participation in the Special
Federal Aviation Regulation Working Group (sec. 154)... 1531
Integrated air and missile defense assessment (sec. 155). 1532
Joint strategy for air base defense against missile
threats (sec. 156)..................................... 1532
Joint All Domain Command and Control requirements (sec.
157)................................................... 1532
Expansion of economic order quantity contracting
authority for F-35 aircraft program (sec. 158)......... 1533
Documentation relating to the F-35 aircraft program (sec.
159)................................................... 1533
F-35 aircraft munitions (sec. 160)....................... 1534
Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft (sec. 161)........ 1534
Briefings on software regression testing for F-35
aircraft (sec. 162).................................... 1534
Prohibition on use of funds for the Armed Overwatch
Program (sec. 163)..................................... 1535
Acceleration of development and fielding of counter
unmanned aircraft systems across the joint force (sec.
164)................................................... 1536
Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for United States Special
Operations Command (sec. 165).......................... 1536
Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by
United States Special Operations Command (sec. 166).... 1536
Notification on efforts to replace inoperable ejection
seat aircraft locator beacons (sec. 167)............... 1537
Legislative Provisions Not Adopted........................... 1537
Liquified natural gas pilot program...................... 1537
Limitation on production of KC-46A aircraft.............. 1537
Assessment and certification relating to OC-135 aircraft. 1538
Report on carrier wing composition....................... 1538
Briefing on payload hosting on modular supersonic
aircraft............................................... 1538
Minimum aircraft levels for major mission areas.......... 1539
Limitation on divestment of KC-10 and KC-135 aircraft.... 1539
Prohibition on purchase of armed overwatch aircraft...... 1539
Sense of Congress on the Additive Manufacturing and
Machine Learning Initiative of the Army................ 1540
Assessment of Medium-Heavy Lift Helicopter Plans of the
Army................................................... 1540
Report on fiscal year 2022 budget request requirements in
connection with Air Force operations in the Arctic..... 1540
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 1541
Subtitle A--Authorization of Appropriations.................. 1541
Authorization of appropriations (sec. 201)............... 1541
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 1542
Modification of requirements relating to certain
cooperative research and development agreements (sec.
211)................................................... 1542
Disclosure requirements for recipients of Department of
Defense research and development funds (sec. 212)...... 1542
Modification of national security innovation activities
and pilot program on strengthening the defense
industrial and innovation base (sec. 213).............. 1542
Updates to Defense Quantum Information Science and
Technology Research and Development program (sec. 214). 1543
Establishment of Directed Energy Working Group (sec. 215) 1543
Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of
the Department of Defense (sec. 216)................... 1543
Designation of senior officials for critical technology
areas supportive of the National Defense Strategy (sec.
217)................................................... 1543
Executive agent for autonomy (sec. 218).................. 1544
National security innovation partnerships (sec. 219)..... 1544
Social science, management science, and information
science research activities (sec. 220)................. 1544
Accountability measures relating to the Advanced Battle
Management System (sec. 221)........................... 1545
Activities to improve fielding of Air Force hypersonic
capabilities (sec. 222)................................ 1545
Disclosure of funding sources in applications for Federal
research and development awards (sec. 223)............. 1546
Governance of fifth-generation wireless networking in the
Department of Defense (sec. 224)....................... 1546
Demonstration project on use of certain technologies for
fifth-generation wireless networking services (sec.
225)................................................... 1546
Research, development, and deployment of technologies to
support water sustainment (sec. 226)................... 1546
Limitation on contract awards for certain unmanned
vessels (sec. 227)..................................... 1547
Subtitle C--Artificial Intelligence and Emerging Technology.. 1547
Modification of biannual report on the Joint Artificial
Intelligence Center (sec. 231)......................... 1547
Modification of joint artificial intelligence research,
development, and transition activities (sec. 232)...... 1547
Board of advisors for the Joint Artificial Intelligence
Center (sec. 233)...................................... 1548
Application of artificial intelligence to the defense
reform pillar of the National Defense Strategy (sec.
234)................................................... 1548
Acquisition of ethically and responsibly developed
artificial intelligence technology (sec. 235).......... 1548
Steering committee on emerging technology (sec. 236)..... 1549
Subtitle D--Education and Workforce Development.............. 1549
Measuring and incentivizing programming proficiency (sec.
241)................................................... 1549
Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program (sec.
242)................................................... 1549
Improvements to Technology and National Security
Fellowship of Department of Defense (sec. 243)......... 1550
Modification of mechanisms for expedited access to
technical talent and expertise at academic institutions
(sec. 244)............................................. 1550
Encouragement of contractor science, technology,
engineering, and mathematics (STEM) programs (sec. 245) 1550
Training program for human resources personnel in best
practices for technical workforce (sec. 246)........... 1551
Pilot program on the use of electronic portfolios to
evaluate applicants for certain technical positions
(sec. 247)............................................. 1551
Pilot program on self-directed training in advanced
technologies (sec. 248)................................ 1551
Part-time and term employment of university faculty and
students in the Defense science and technology
enterprise (sec. 249).................................. 1552
National security workforce and educational diversity
activities (sec. 250).................................. 1552
Coordination of scholarship and employment programs of
the Department of Defense (sec. 251)................... 1553
Study on mechanisms for attracting and retaining high
quality talent in the Department of Defense (sec. 252). 1554
Subtitle E--Sustainable Chemistry............................ 1554
Sustainable Chemistry (secs. 261-267).................... 1554
Subtitle F--Plans, Reports, and Other Matters................ 1554
Modification to annual report of the Director of
Operational Test and Evaluation (sec. 271)............. 1554
Modification to Test Resource Management Center strategic
plan reporting cycle and contents (sec. 272)........... 1554
Modification of requirements relating to energetics plan
to include assessment of feasibility and advisability
of establishing a program office for energetics (sec.
273)................................................... 1555
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).......... 1555
Repeal of quarterly updates on the Optionally Manned
Fighting Vehicle program (sec. 275).................... 1555
Microelectronics and national security (sec. 276)........ 1555
Independent evaluation of personal protective and
diagnostic testing equipment (sec. 277)................ 1557
Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison
with adversaries (sec. 278)............................ 1557
Annual reports regarding the SBIR program of the
Department of Defense (sec. 279)....................... 1557
Reports on F-35 physiological episodes and mitigation
efforts (sec. 280)..................................... 1558
Review and report on Next Generation Air Dominance
capabilities (sec. 281)................................ 1558
Plan for operational test and utility evaluation of
systems for Low-Cost Attributable Aircraft Technology
program (sec. 282)..................................... 1559
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)............................................. 1559
Legislative Provisions Not Adopted........................... 1559
Pilot program on talent optimization..................... 1559
Modification of pilot program on enhanced civics
education.............................................. 1560
Report on micro nuclear reactor programs................. 1560
Report on use of testing facilities to research and
develop hypersonic technology.......................... 1562
Study and plan on the use of additive manufacturing and
three-dimensional bioprinting in support of the
warfighter............................................. 1562
Funding for force protection applied research............ 1562
Funding for hypersonics prototyping...................... 1562
Funding for unidirectional body armor.................... 1563
Assessments of intelligence, defense, and military
implications of deepfake videos and related
technologies........................................... 1563
Funding for Air Force university research initiatives.... 1563
Modification of authority to carry out certain fiscal
year 2020 projects..................................... 1563
Sense of Congress on the role of the National Science
Foundation............................................. 1564
Funding for Navy university research initiatives......... 1564
Funding for Army university research initiatives......... 1564
Report on certain awards under the Small Business
Innovation Research and Small Business Technology
Transfer programs...................................... 1565
Funding for Backpackable Communications Intelligence
System................................................. 1565
Funding for Army university and industry research centers 1565
Traineeships for American leaders to excel in national
technology and science................................. 1565
Briefing and report on use of distributed ledger
technology for defense purposes........................ 1566
Admission of essential scientists and technical experts
to promote and protect the National Security Innovation
Base................................................... 1567
Importance of historically Black colleges and
universities and minority-serving institutions......... 1567
Cybersecurity in Department of Transportation programs... 1567
TITLE III--OPERATION AND MAINTENANCE............................. 1567
Subtitle A--Authorization of Appropriations.................. 1567
Authorization of appropriations (sec. 301)............... 1567
Subtitle B--Energy and Environment........................... 1567
Military Aviation and Installation Assurance
Clearinghouse for review of mission obstructions (sec.
311)................................................... 1567
Readiness and Environmental Protection Integration
Program (sec. 312)..................................... 1568
Extension of real-time sound monitoring at Navy
installations where tactical fighter aircraft operate
(sec. 313)............................................. 1568
Modification of authority for environmental restoration
projects of National Guard (sec. 314).................. 1568
Modification of authority to carry out military
installation resilience projects (sec. 315)............ 1568
Energy resilience and energy security measures on
military installations (sec. 316)...................... 1569
Modification to availability of energy cost savings for
Department of Defense (sec. 317)....................... 1569
Increased transparency through reporting on usage and
spills of aqueous film-forming foam at military
installations (sec. 318)............................... 1569
Native American lands environmental mitigation program
(sec. 319)............................................. 1569
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)...... 1569
Pilot program on alternative fuel vehicle purchasing
(sec. 321)............................................. 1570
Budgeting of Department of Defense relating to
operational energy improvement (sec. 322).............. 1570
Assessment of Department of Defense operational energy
usage (sec. 323)....................................... 1570
Improvement of the Operational Energy Capability
Improvement Fund of the Department of Defense (sec.
324)................................................... 1570
Five-year reviews of containment technologies relating to
Red Hill Bulk Fuel Storage Facility (sec. 325)......... 1570
Limitation on use of funds for acquisition of furnished
energy for Rhine Ordnance Barracks Army Medical Center
(sec. 326)............................................. 1571
Requirement to update Department of Defense adaptation
roadmap (sec. 327)..................................... 1571
Department of Defense report on greenhouse gas emissions
levels (sec. 328)...................................... 1571
Objectives, performance standards, and criteria for use
of wildlife conservation banking programs (sec. 329)... 1571
Prizes for development of non-PFAS-containing fire-
fighting agent (sec. 330).............................. 1571
Survey of technologies for Department of Defense
application in phasing out the use of fluorinated
aqueous film-forming foam (sec. 331)................... 1572
Interagency body on research related to per- and
polyfluoroalkyl substances (sec. 332).................. 1572
Restriction on Department of Defense procurement of
certain items containing perfluorooctane sulfonate or
perfluorooctanoic acid (sec. 333)...................... 1572
Research and development of alternative to aqueous film-
forming foam (sec. 334)................................ 1572
Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use (sec. 335)... 1572
Reporting on energy savings performance contracts (sec.
336)................................................... 1573
Increase in funding for Centers for Disease Control Study
on health implications of per- and polyfluoroalkyl
substances contamination in drinking water (sec. 337).. 1573
Guaranteeing Equipment Safety for Firefighters Act of
2020 (sec. 338)........................................ 1573
Assessment of Department of Defense excess property
programs with respect to need and wildfire risk (sec.
339)................................................... 1573
Subtitle C--Logistics and Sustainment........................ 1574
National Defense Sustainment and Logistics Review (sec.
341)................................................... 1574
Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet
(sec. 342)............................................. 1574
Additional elements for inclusion in Navy ship depot
maintenance budget report (sec. 343)................... 1574
Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels (sec.
344)................................................... 1574
Independent advisory panel on weapon system sustainment
(sec. 345)............................................. 1574
Biannual briefings on status of Shipyard Infrastructure
Optimization Plan (sec. 346)........................... 1575
Materiel readiness metrics and objectives for major
weapon systems (sec. 347).............................. 1575
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)................................... 1575
Subtitle D--Munitions Safety and Oversight................... 1576
Chair of Department of Defense explosive safety board
(sec. 351)............................................. 1576
Explosive Ordnance Disposal Defense Program (sec. 352)... 1576
Assessment of resilience of Department of Defense
munitions enterprise (sec. 353)........................ 1576
Report on safety waivers and mishaps in Department of
Defense munitions enterprise (sec. 354)................ 1576
Subtitle E--Other Matters.................................... 1576
Pilot program for temporary issuance of maternity-related
uniform items (sec. 361)............................... 1576
Servicewomen's Commemorative Partnerships (sec. 362)..... 1577
Biodefense analysis and budget submission (sec. 363)..... 1577
Update of National Biodefense Implementation Plan (sec.
364)................................................... 1577
Plans and reports on emergency response training for
military installations (sec. 365)...................... 1578
Inapplicability of congressional notification and dollar
limitation requirements for advance billings for
certain background investigations (sec. 366)........... 1578
Adjustment in availability of appropriations for unusual
cost overruns and for changes in scope of work (sec.
367)................................................... 1578
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)....................... 1578
Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense (sec.
369)................................................... 1578
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)............... 1579
Legislative Provisions Not Adopted........................... 1579
Funding for Army Community Services...................... 1579
Increase in funding for Air Force reserve contractor
systems support........................................ 1579
Military Aviation and Installation Assurance
Clearinghouse for review of mission obstructions....... 1579
Comptroller General report on Department of Defense
installation energy.................................... 1580
Offshore wind energy development, Morro Bay, California.. 1580
Long-duration demonstration initiative and joint program. 1581
Standards for removal or remedial actions with respect to
PFOS or PFOA contamination............................. 1581
Public disclosure of results of Department of Defense
testing for perfluoroalkyl or polyfluoroalkyl
substances............................................. 1581
Biological threats report................................ 1582
Sense of Congress regarding an integrated master plan
towards achieving net zero............................. 1583
Moratorium on incineration by Department of Defense of
perfluoroalkyl substances, polyfluoroalkyl substances,
and aqueous film forming foam.......................... 1583
Report on impact of permafrost thaw on infrastructure,
facilities, and operations of the Department of Defense 1584
Report on implementation by Department of Defense of
requirements relating to renewable fuel pumps.......... 1584
Report on effects of extreme weather on the Department of
Defense................................................ 1585
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. 1586
Report on biodefense..................................... 1586
Report on non-permissive, global positioning system
denied airfield capabilities........................... 1587
Increase of amounts available to Marine Corps for base
operations and support................................. 1587
Diesel emissions reduction............................... 1588
Utilizing significant emissions with innovative
technologies........................................... 1588
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 1588
Subtitle A--Active Forces.................................... 1588
End strengths for active forces (sec. 401)............... 1588
Revisions to permanent active duty end strength minimum
levels (sec. 402)...................................... 1588
Modification of the authorized number and accounting
method for senior enlisted personnel (sec. 403)........ 1589
Subtitle B--Reserve Forces................................... 1589
End strengths for Selected Reserve (sec. 411)............ 1589
End strengths for Reserves on active duty in support of
the Reserves (sec. 412)................................ 1589
End strengths for military technicians (dual status)
(sec. 413)............................................. 1590
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 414)......... 1590
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)................... 1590
Subtitle C--Authorization of Appropriations.................. 1590
Military personnel (sec. 421)............................ 1590
TITLE V--MILITARY PERSONNEL POLICY............................... 1591
Subtitle A--Officer Personnel Policy......................... 1591
Authorized strengths of general and flag officers on
active duty (sec. 501)................................. 1591
Temporary expansion of availability of enhanced
constructive service credit in a particular career
field upon original appointment as a commissioned
officer (sec. 502)..................................... 1591
Diversity in selection boards (sec. 503)................. 1591
Requirement for promotion selection board recommendation
of higher placement on promotion list of officers of
particular merit (sec. 504)............................ 1592
Special selection review boards for review of promotion
of officers subject to adverse information identified
after recommendation for promotion and related matters
(sec. 505)............................................. 1592
Number of opportunities for consideration for promotion
under alternative promotion authority (sec. 506)....... 1593
Mandatory retirement for age (sec. 507).................. 1593
Clarifying and improving restatement of rules on the
retired grade of commissioned officers (sec. 508)...... 1593
Repeal of authority for original appointment of regular
Navy officers designated for engineering duty,
aeronautical, engineering duty, and special duty (sec.
509)................................................... 1595
Permanent programs on direct commissions to cyber
positions (sec. 509A).................................. 1595
Review of Seaman to Admiral-21 Program (sec. 509B)....... 1595
Subtitle B--Reserve Component Management..................... 1595
Temporary authority to order retired members to active
duty in high-demand, low-density assignments during war
or national emergency (sec. 511)....................... 1595
Expansion of Junior Reserve Officers' Training Corps
program (sec. 512)..................................... 1596
Grants to support STEM education in the Junior Reserve
Officers' Training Corps (sec. 513).................... 1596
Permanent suicide prevention and resilience program for
the reserve components (sec. 514)...................... 1596
Modification of education loan repayment program for
members of Selected Reserve (sec. 515)................. 1596
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)............................. 1597
Quarantine lodging for members of the reserve components
who perform certain service in response to the COVID-19
emergency (sec. 517)................................... 1597
Direct employment pilot program for certain members of
the reserve components (sec. 518)...................... 1597
Pilot programs authorized in connection with SROTC units
and CSPI programs at Historically Black Colleges and
Universities and minority institutions (sec. 519)...... 1598
Report regarding full-time National Guard duty in
response to the COVID-19 pandemic (sec. 519A).......... 1598
Study and report on National Guard support to States
responding to major disasters (sec. 519B).............. 1598
Report on guidance for use of unmanned aircraft systems
by the National Guard (sec. 519C)...................... 1598
Study and report on ROTC recruitment (sec. 519D)......... 1599
Subtitle C--General Service Authorities and Correction of
Military Records........................................... 1599
Increased access to potential recruits (sec. 521)........ 1599
Sunset and transfer of functions of the Physical
Disability Board of Review (sec. 522).................. 1599
Honorary promotion matters (sec. 523).................... 1600
Exclusion of official photographs of members from records
furnished to promotion selection boards (sec. 524)..... 1600
Report regarding reviews of discharges and dismissals
based on sexual orientation (sec. 525)................. 1600
Subtitle D--Prevention and Response to Sexual Assault,
Harassment, and Related Misconduct......................... 1601
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)................. 1601
Confidential reporting of sexual harassment (sec. 532)... 1601
Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual
Misconduct (sec. 533).................................. 1601
Additional matters for 2021 report of the Defense
Advisory Committee for the Prevention of Sexual
Misconduct (sec. 534).................................. 1602
Inclusion of advisory duties on the Coast Guard Academy
among duties of Defense Advisory Committee for the
Prevention of Sexual Misconduct (sec. 535)............. 1602
Modification of reporting and data collection on victims
of sexual offenses (sec. 536).......................... 1602
Modification of annual report regarding sexual assaults
involving members of the Armed Forces (sec. 537)....... 1602
Coordination of support for survivors of sexual trauma
(sec. 538)............................................. 1602
Policy for military service academies on separation of
alleged victims and alleged perpetrators in incidents
of sexual assault (sec. 539)........................... 1603
Safe-to-report policy applicable across the Armed Forces
(sec. 539A)............................................ 1603
Accountability of leadership of the Department of Defense
for discharging the sexual harassment policies and
programs of the Department (sec. 539B)................. 1604
Reports on status of investigations of alleged sex-
related offenses (sec. 539C)........................... 1604
Report on ability of Sexual Assault Response Coordinators
and Sexual Assault Prevention and Response Victim
Advocates to perform duties (sec. 539D)................ 1604
Briefing on Special Victims' Counsel program (sec. 539E). 1604
Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto
Non-Rated Periods (sec. 539F).......................... 1604
Subtitle E--Military Justice and Other Legal Matters......... 1605
Right to notice of victims of offenses under the Uniform
Code of Military Justice regarding certain post-trial
motions, filings, and hearings (sec. 541).............. 1605
Qualifications of judges and standard of review for
Courts of Criminal Appeals (sec. 542).................. 1605
Preservation of court-martial records (sec. 543)......... 1605
Availability of records for National Instant Criminal
Background Check System (sec. 544)..................... 1606
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)............. 1606
Briefing on mental health support for vicarious trauma
for certain personnel in the military justice system
(sec. 546)............................................. 1606
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)................. 1607
Legal assistance for veterans and surviving spouses and
dependents (sec. 548).................................. 1607
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)............................................. 1608
Multidisciplinary board to evaluate suicide events (sec.
549A).................................................. 1608
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)..................... 1608
Independent analysis and recommendations on domestic
violence in the Armed Forces (sec. 549C)............... 1609
Subtitle F--Diversity and Inclusion.......................... 1609
Diversity and inclusion reporting requirements and
related matters (sec. 551)............................. 1609
National emergency exception for timing requirements with
respect to certain surveys of members of the Armed
Forces (sec. 552)...................................... 1610
Questions regarding racism, anti-Semitism, and
supremacism in workplace surveys administered by the
Secretary of Defense (sec. 553)........................ 1610
Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or
criminal gang activity in the Armed Forces (sec. 554).. 1611
Policy to improve responses to pregnancy and childbirth
by certain members of the Armed Forces (sec. 555)...... 1611
Training on certain Department of Defense instructions
for members of the Armed Forces (sec. 556)............. 1612
Evaluation of barriers to minority participation in
certain units of the Armed Forces (sec. 557)........... 1612
Comptroller General of the United States report on equal
opportunity at the military service academies (sec.
558)................................................... 1612
Subtitle G--Decorations and Awards........................... 1613
Extension of time to review World War I Valor Medals
(sec. 561)............................................. 1613
Authorizations for certain awards (sec. 562)............. 1613
Feasibility study on establishment of service medal for
radiation-exposed veterans (sec. 563).................. 1613
Expressing support for the designation of Silver Star
Service Banner Day (sec. 564).......................... 1614
Subtitle H--Member Education, Training, Transition, and
Resilience................................................. 1614
Mentorship and career counseling program for officers to
improve diversity in military leadership (sec. 571).... 1614
Expansion of Skillbridge program to include the Coast
Guard (sec. 572)....................................... 1614
Increase in number of permanent professors at the United
States Air Force Academy (sec. 573).................... 1615
Additional elements with 2021 and 2022 certifications on
the Ready, Relevant Learning initiative of the Navy
(sec. 574)............................................. 1615
Information on nominations and applications for military
service academies (sec. 575)........................... 1615
Report on potential improvements to certain military
educational institutions of the Department of Defense
(sec. 576)............................................. 1615
College of International Security Affairs of the National
Defense University (sec. 577).......................... 1616
Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces (sec. 578)................ 1616
GAO study regarding transferability of military
certifications to civilian occupational licenses and
certifications (sec. 579).............................. 1616
Report regarding county, Tribal, and local veterans
service officers (sec. 579A)........................... 1616
Subtitle I--Military Family Readiness and Dependents'
Education.................................................. 1617
Family readiness: definitions; communication strategy;
review; report (sec. 581).............................. 1617
Improvements to Exceptional Family Member Program (sec.
582)................................................... 1617
Support services for members of special operations forces
and immediate family members (sec. 583)................ 1618
Responsibility for allocation of certain funds for
military child development programs (sec. 584)......... 1618
Military child care and child development center matters
(sec. 585)............................................. 1619
Expansion of financial assistance under My Career
Advancement Account program (sec. 586)................. 1619
Improvements to partner criteria of the Military Spouse
Employment Partnership Program (sec. 587).............. 1619
24-hour child care (sec. 588)............................ 1620
Pilot program to provide financial assistance to members
of the Armed Forces for in-home child care (sec. 589).. 1620
Certain assistance to local educational agencies that
benefit dependents of military and civilian personnel
(sec. 589A)............................................ 1620
Staffing of Department of Defense Education Activity
schools to maintain maximum student-to-teacher ratios
(sec. 589B)............................................ 1621
Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools
(sec. 589C)............................................ 1621
Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program
(sec. 589D)............................................ 1621
Training program regarding foreign malign influence
campaigns (sec. 589E).................................. 1622
Study on cyberexploitation and online deception of
members of the Armed Forces and their families (sec.
589F).................................................. 1622
Matters relating to education for military dependent
students with special needs (sec. 589G)................ 1622
Studies and reports on the performance of the Department
of Defense Education Activity (sec. 589H).............. 1623
Subtitle J--Other Matters and Reports........................ 1623
Expansion of Department of Defense STARBASE Program (sec.
591)................................................... 1623
Inclusion of certain outlying areas in the Department of
Defense STARBASE Program (sec. 592).................... 1624
Postponement of conditional designation of Explosive
Ordnance Disposal Corps as a basic branch of the Army
(sec. 593)............................................. 1624
Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking (sec.
594)................................................... 1624
Extension of reporting deadline for the annual report on
the assessment of the effectiveness of activities of
the Federal Voting Assistance Program (sec. 595)....... 1624
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)............. 1624
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)....... 1625
Limitation on implementation of Army Combat Fitness Test
(sec. 598)............................................. 1625
Semiannual reports on implementation of recommendations
of the Comprehensive Review of Special Operations
Forces Culture and Ethics (sec. 599)................... 1626
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)..................................... 1626
Legislative Provisions Not Adopted........................... 1626
Repeal of codified specification of authorized strengths
of certain commissioned officers on active duty........ 1626
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.......... 1627
Certificate of release or discharge from Active Duty (DD
Form 214) matters...................................... 1627
Report regarding National Guard Youth Challenge Program.. 1627
Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis offense..... 1628
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............... 1628
Report on bad paper...................................... 1628
Punitive article on violent extremism.................... 1628
Electronic notarization for members of the Armed Forces.. 1629
Clarifications regarding scope of employment and
reemployment rights of members of the uniformed
services............................................... 1629
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..... 1629
Absentee ballot tracking program......................... 1630
Guardian ad litem program for minor dependents of members
of the Armed Forces.................................... 1630
Tracking mechanism and reporting requirements for
supremacist, extremist, and criminal gang activity in
the Armed Forces....................................... 1630
To resolve controversies under Servicemembers Civil
Relief Act............................................. 1630
Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act........................ 1631
Clarification of private right of action under
Servicemembers Civil Relief Act........................ 1631
Requirement of certain certification before deportation
of a spouse of a member of the Armed Forces............ 1632
Prohibition on certain communications regarding courts-
martial................................................ 1632
Termination of contracts for telephone, multichannel
video programming, or internet access service by
certain individuals under Servicemembers Civil Relief
Act.................................................... 1632
Report on drug demand reduction program modernization.... 1632
Protection of attorney-client privilege between victims
and Special Victims' Counsel........................... 1633
Authority of military judges and military magistrates to
issue military court protective orders................. 1633
Briefing on standardization and potential merger of law
enforcement training for military and civilian
personnel across the Department of Defense............. 1633
Question in workplace and gender relations surveys
regarding prosecutions of sexual assault............... 1635
Report on sexual abuse and harassment of recruits during
medical examinations prior to entry into the Armed
Forces................................................. 1635
Pilot program on prosecution of special victim offenses
committed by attendees of military service academies... 1635
Counseling in the Transition Assistance Program regarding
sexual assault, sexual or gender harassment, and
intimate partner violence.............................. 1636
Award or presentation of decorations favorably
recommended following determination on merits of
proposals for decorations not previously submitted in a
timely fashion......................................... 1636
Report on regulations and procedures to implement
programs on award of medals or commendations to
handlers of military working dogs...................... 1637
Medical or administrative discharge as a pathway for
counseling in the Transition Assistance Program........ 1637
Family dynamics as pathways for counseling in the
Transition Assistance Program.......................... 1637
Defense Language Institute Foreign Language Center....... 1637
Defense Language Institute Foreign Language Center....... 1638
Participation of members of the reserve components of the
Armed Forces in the Skillbridge program................ 1638
Study regarding VA participation in TAP.................. 1638
Transition outreach...................................... 1638
Continued participation of separated members of the Armed
Forces in Skillbridge programs......................... 1639
Report on officer training in irregular warfare.......... 1639
Limited exception for attendance of enlisted personnel at
senior level and intermediate level officer
professional military education courses................ 1640
Limitation on eligibility of for-profit institutions to
participate in educational assistance programs of the
Department of Defense.................................. 1640
Continuation of paid parental leave upon death of child.. 1640
Comptroller General of the United States report on the
structural condition of Department of Defense Education
Activity schools....................................... 1640
Reopening of child care facilities of the Engineer
Research and Development Center........................ 1641
Independent study and report on military spouse
underemployment........................................ 1641
Procedures of the Office of Special Needs for the
development of individualized services plans for
military families with special needs................... 1641
Report on demographics of officers appointed to certain
grades................................................. 1642
Plans to increase female and minority representation in
the Armed Forces....................................... 1642
Report to Congress on efforts to increase diversity and
representation in film, television, and publishing..... 1642
Eligibility of veterans of Operation End Sweep for
Vietnam Service Medal.................................. 1643
Briefing on the implementation of requirements on
connections of retiring and separating members of the
Armed Forces with community-based organizations and
related entities....................................... 1643
Prohibition on charging for or counting certain acronyms
on headstones of individuals interred at Arlington
National Cemetery...................................... 1643
Sense of Congress regarding advertising recruiting
efforts................................................ 1643
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....................................... 1643
GAO study of women involuntarily separated or discharged
due to pregnancy or parenthood......................... 1644
Annual report regarding cost of living for members and
employees of the Department of Defense................. 1644
Report on Preservation of the Force and Family Program of
United States Special Operations Command............... 1644
Report regarding transportation of remains of certain
decedents by the Secretary of a military department.... 1645
GAO study of members absent without leave or on
unauthorized absence................................... 1645
TITLE VI--MILITARY COMPENSATION.................................. 1646
Subtitle A--Pay and Allowances............................... 1646
Increase in basic pay (sec. 601)......................... 1646
Compensation and credit for retired pay purposes for
maternity leave taken by members of the reserve
components (sec. 602).................................. 1646
Provision of information regarding SCRA to members who
receive basic allowance for housing (sec. 603)......... 1646
Reorganization of certain allowances other than travel
and transportation allowances (sec. 604)............... 1647
Expansion of travel and transportation allowances to
include fares and tolls (sec. 605)..................... 1647
One-time uniform allowance for officers who transfer to
the Space Force (sec. 606)............................. 1647
Subtitle B--Bonuses and Special Incentive Pays............... 1647
One-year extension of certain expiring bonus and special
pay authorities (sec. 611)............................. 1647
Increase in special and incentive pays for officers in
health professions (sec. 612).......................... 1647
Increase in certain hazardous duty incentive pay from
members of the uniformed services (sec. 613)........... 1648
Payment of hazardous duty incentive pay for members of
the uniformed services (sec. 614)...................... 1648
Clarification of 30 days of continuous duty on board a
ship required for family separation allowance for
members of the uniformed services (sec. 615)........... 1648
Subtitle C--Disability Pay, Retired Pay, and Family and
Survivor Benefits.......................................... 1648
Modernization and clarification of payment of certain
Reserves while on duty (sec. 621)...................... 1648
Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a
permanent change of station (sec. 622)................. 1649
Expansion of death gratuity for ROTC graduates (sec. 623) 1649
Expansion of assistance for Gold Star spouses and other
dependents (sec. 624).................................. 1649
Gold Star Families Parks Pass (sec. 625)................. 1649
Recalculation of financial assistance for providers of
child care services and youth program services for
dependents (sec. 626).................................. 1649
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)............... 1650
Study on feasibility and advisability of TSP
contributions by military spouses (sec. 628)........... 1650
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)................................ 1650
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)............... 1650
Subtitle D--Defense Resale Matters........................... 1651
Base responders essential needs and dining access (sec.
631)................................................... 1651
First responder access to mobile exchanges (sec. 632).... 1651
Updated business case analysis for consolidation of the
defense resale system (sec. 633)....................... 1651
Subtitle E--Other Personnel Rights and Benefits.............. 1652
Approval of certain activities by retired and reserve
members of the uniformed services (sec. 641)........... 1652
Permanent authority for and enhancement of the Government
lodging program (sec. 642)............................. 1652
Operation of Stars and Stripes (sec. 643)................ 1652
Legislative Provisions Not Adopted........................... 1653
Basic needs allowance for low-income regular members..... 1653
Hazardous duty pay for members of the Armed Forces
performing duty in response to the Coronavirus Disease
2019................................................... 1653
Single military housing area for each municipality with a
population greater than 500,000........................ 1653
TITLE VII--HEALTH CARE PROVISIONS................................ 1654
Subtitle A--TRICARE and Other Health Care Benefits........... 1654
Improvement to breast cancer screening (sec. 701)........ 1654
Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical
treatment facilities (sec. 702)........................ 1654
Authority for Secretary of Defense to manage provider
type referral and supervision requirements under
TRICARE program (sec. 703)............................. 1654
Expansion of benefits available under TRICARE Extended
Care Health Option program (sec. 704).................. 1654
Sale of hearing aids for dependents of certain members of
the reserve components (sec. 705)...................... 1655
Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program (sec. 706)..................................... 1655
Subtitle B--Health Care Administration....................... 1655
Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program
(sec. 711)............................................. 1655
Protection of the Armed Forces from infectious diseases
(sec. 712)............................................. 1656
Inclusion of drugs, biological products, and critical
medical supplies in national security strategy for
national technology and industrial base (sec. 713)..... 1656
Contract authority of the Uniformed Services University
of the Health Sciences (sec. 714)...................... 1657
Membership of Board of Regents of Uniformed Services
University of the Health Sciences (sec. 715)........... 1657
Temporary exemption for Uniformed Services University of
the Health Sciences from certain Paperwork Reduction
Act requirements (sec. 716)............................ 1657
Modification to limitation on the realignment or
reduction of military medical manning end strength
(sec. 717)............................................. 1658
Modifications to implementation plan for restructure or
realignment of military medical treatment facilities
(sec. 718)............................................. 1658
Policy to address prescription opioid safety (sec. 719).. 1658
Addition of burn pit registration and other information
to electronic health records of members of the Armed
Forces (sec. 720)...................................... 1659
Inclusion of information on exposure to open burn pits in
postdeployment health reassessments (sec. 721)......... 1659
Subtitle C--Matters Relating to COVID-19..................... 1659
COVID-19 military health system review panel (sec. 731).. 1659
Department of Defense pandemic preparedness (sec. 732)... 1659
Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19) (sec. 733)...................... 1660
Registry of certain TRICARE beneficiaries diagnosed with
COVID-19 (sec. 734).................................... 1660
Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and
toxic airborne chemicals (sec. 735).................... 1660
Comptroller General study on delivery of mental health
services to members of the Armed Forces during the
COVID-19 pandemic (sec. 736)........................... 1661
Subtitle D--Reports and Other Matters........................ 1661
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).............................. 1661
Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense (sec. 742)....................... 1662
Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund (sec. 743).......................... 1662
Military Health System Clinical Quality Management
Program (sec. 744)..................................... 1662
Wounded Warrior Service Dog Program (sec. 745)........... 1662
Extramedical maternal health providers demonstration
project (sec. 746)..................................... 1663
Briefing on diet and nutrition of members of the Armed
Forces (sec. 747)...................................... 1663
Audit of medical conditions of residents in privatized
military housing (sec. 748)............................ 1663
Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities
(sec. 749)............................................. 1664
Study on the incidence of cancer diagnosis and mortality
among military aviators and aviation support personnel
(sec. 750)............................................. 1664
Study on exposure to toxic substances at Karshi-Khanabad
Air Base, Uzbekistan (sec. 751)........................ 1664
Review and report on prevention of suicide among members
of the Armed Forces stationed at remote installations
outside the contiguous United States (sec. 752)........ 1665
Study on medevac helicopters and ambulances at certain
military installations (sec. 753)...................... 1665
Comptroller General study on prenatal and postpartum
mental health conditions among members of the Armed
Forces and their dependents (sec. 754)................. 1665
Report on lapses in TRICARE coverage for members of the
National Guard and reserve components (sec. 755)....... 1666
Study and report on increasing telehealth services across
Armed Forces (sec. 756)................................ 1666
Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces (sec.
757)................................................... 1666
Report on billing practices for health care from
Department of Defense (sec. 758)....................... 1666
Subtitle E--Mental Health Services from Department of
Veterans Affairs for Members of Reserve Components......... 1667
Short title (sec. 761)................................... 1667
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)................................ 1667
Provision of mental health services from Department of
Veterans Affairs to members of reserve components of
the Armed Forces (sec. 763)............................ 1667
Inclusion of members of reserve components in mental
health programs of Department of Veterans Affairs (sec.
764)................................................... 1667
Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed
Forces (sec. 765)...................................... 1667
Legislative Provisions Not Adopted........................... 1668
Expansion of mental health assessments for members of the
Armed Forces........................................... 1668
Mandatory referral for mental health evaluation.......... 1668
Removal of Christian Science providers as authorized
providers under the TRICARE program.................... 1668
Assessments and testing relating to exposure to
perfluoroalkyl and polyfluoroalkyl substances.......... 1668
Mental health resources for members of the Armed Forces
and their dependents during the COVID-19 pandemic...... 1669
Extension of organization requirements for Defense Health
Agency................................................. 1669
Maintenance of certain medical services at military
medical treatment facilities at service academies...... 1671
Authority of Secretary of Defense to waive requirements
during national emergencies for purposes of the
provision of health care............................... 1672
Provision of information regarding COVID-19 in multiple
languages.............................................. 1672
Study of substance use disorders among members of the
Armed Forces and veterans during the COVID-19 public
health emergency....................................... 1672
Clarification of research under Joint Trauma Education
and Training Directorate and inclusion of military
working dogs........................................... 1673
Information sharing by Secretary of Defense regarding
prevention of infant and maternal mortality............ 1673
Grant program for increased cooperation on post-traumatic
stress disorder research between the United States and
Israel................................................. 1673
Pilot program on cryopreservation and storage............ 1674
Pilot program on parents serving as certified nursing
assistants for children under TRICARE Program.......... 1675
Report on costs and benefits of allowing retired members
of the Armed Forces to contribute to health savings
accounts............................................... 1675
Report on Integrated Disability Evaluation System........ 1675
Antimicrobial stewardship staffing at medical treatment
facilities of the Department of Defense................ 1676
Report on chiropractic care for dependents and retirees
under the TRICARE program.............................. 1677
Funding for pancreatic cancer research................... 1677
Plan for evaluation of flexible spending account options
for members of the uniformed services and their
families............................................... 1677
Report on cost of extending TRICARE coverage to
individuals participating in Health Professions
Scholarship and Financial Assistance Program........... 1677
Report on health care records of dependents who later
seek to serve as a member of the Armed Forces.......... 1678
Briefing on extension of TRICARE Prime to eligible
beneficiaries in Puerto Rico and other United States
territories............................................ 1678
Funding for post-traumatic stress disorder............... 1678
Increased collaboration with NIH to combat triple
negative breast cancer................................. 1679
Study on readiness contracts and the prevention of drug
shortages.............................................. 1679
Findings and sense of Congress on musculoskeletal
injuries............................................... 1679
Sense of Congress regarding maternal mortality review.... 1679
Study on joint deployment formulary...................... 1679
Pilot program on sleep apnea among new recruits.......... 1680
Report on research and studies on health effects of burn
pits and mandatory training on health effects of burn
pits................................................... 1680
Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt
and Syria.............................................. 1680
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...................... 1681
Study and report on surge capacity of Department of
Defense to establish negative air room containment
systems in military medical treatment facilities....... 1681
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 1681
Subtitle A--Acquisition Policy and Management................ 1681
Report on acquisition risk assessment and mitigation as
part of Adaptive Acquisition Framework implementation
(sec. 801)............................................. 1681
Improving planning, execution, and oversight of life
cycle sustainment activities (sec. 802)................ 1682
Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts (sec. 803)....... 1683
Implementation of modular open systems approaches (sec.
804)................................................... 1683
Congressional notification of termination of a middle
tier acquisition program (sec. 805).................... 1684
Definition of material weakness for contractor business
systems (sec. 806)..................................... 1684
Space system acquisition and the adaptive acquisition
framework (sec. 807)................................... 1685
Acquisition authority of the Director of the Joint
Artificial Intelligence Center (sec. 808).............. 1685
Assessments of the process for developing capability
requirements for Department of Defense acquisition
programs (sec. 809).................................... 1686
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 1686
Sustainment reform for the Department of Defense (sec.
811)................................................... 1686
Inclusion of software in Government performance of
acquisition functions (sec. 812)....................... 1687
Modifications to Comptroller General assessment of
acquisition programs and related initiatives (sec. 813) 1687
Cost or pricing data reporting requirements for
Department of Defense contracts (sec. 814)............. 1688
Prompt payment of contractors (sec. 815)................. 1688
Documentation pertaining to commercial item
determinations (sec. 816).............................. 1689
Modification to small purchase threshold exception to
sourcing requirements for certain articles (sec. 817).. 1689
Repeal of program for qualified apprentices for military
construction contracts (sec. 818)...................... 1690
Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of
Defense contractors and subcontractors (sec. 819)...... 1690
Contract closeout authority for services contracts (sec.
820)................................................... 1690
Revision of proof required when using an evaluation
factor for employing or subcontracting with members of
the Selected Reserve (sec. 821)........................ 1691
Subtitle C--Provisions Relating to Software and Technology... 1691
Contract authority for development and demonstration of
initial or additional prototype units (sec. 831)....... 1691
Extension of pilot program for streamlined awards for
innovative technology programs (sec. 832).............. 1691
Listing of other transaction authority consortia (sec.
833)................................................... 1692
Pilot program on the use of consumption-based solutions
to address software-intensive warfighting capability
(sec. 834)............................................. 1692
Balancing security and innovation in software development
and acquisition (sec. 835)............................. 1693
Digital modernization of analytical and decision-support
processes for managing and overseeing Department of
Defense acquisition programs (sec. 836)................ 1694
Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information
(sec. 837)............................................. 1695
Comptroller General report on implementation of software
acquisition reforms (sec. 838)......................... 1695
Comptroller General report on intellectual property
acquisition and licensing (sec. 839)................... 1695
Subtitle D--Industrial Base Matters.......................... 1696
Additional requirements pertaining to printed circuit
boards (sec. 841)...................................... 1696
Report on nonavailability determinations and quarterly
national technology and industrial base briefings (sec.
842)................................................... 1696
Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and
inclusion of optical transmission components (sec. 843) 1697
Expansion on the prohibition on acquiring certain metal
products (sec. 844).................................... 1698
Miscellaneous limitations on the procurement of goods
other than United States goods (sec. 845).............. 1698
Improving implementation of policy pertaining to the
national technology and industrial base (sec. 846)..... 1698
Report and limitation on the availability of funds
relating to eliminating the gaps and vulnerabilities in
the national technology and industrial base (sec. 847). 1699
Supply of strategic and critical materials for the
Department of Defense (sec. 848)....................... 1699
Analyses of certain activities for action to address
sourcing and industrial capacity (sec. 849)............ 1700
Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial
base and supply chain resiliency (sec. 850)............ 1701
Report on strategic and critical materials (sec. 851).... 1702
Report on aluminum refining, processing, and
manufacturing (sec. 852)............................... 1702
Subtitle E--Small Business Matters........................... 1703
Initiatives to support small businesses in the national
technology and industrial base (sec. 861).............. 1703
Transfer of verification of small business concerns owned
and controlled by veterans or service-disabled veterans
to the Small Business Administration (sec. 862)........ 1703
Employment size standard requirements for small business
concerns (sec. 863).................................... 1704
Maximum award price for sole source manufacturing
contracts (sec. 864)................................... 1704
Reporting requirement on expenditure amounts for the
Small Business Innovation Research Program and the
Small Business Technology Transfer Program (sec. 865).. 1704
Small businesses in territories of the United States
(sec. 866)............................................. 1704
Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration
programs (sec. 867).................................... 1705
Past performance ratings of certain small business
concerns (sec. 868).................................... 1705
Extension of participation in 8(a) program (sec. 869).... 1705
Compliance of Offices of Small Business and Disadvantaged
Business Utilization (sec. 870)........................ 1705
Category management training (sec. 871).................. 1706
Subtitle F--Other Matters.................................... 1706
Review of and report on overdue acquisition and cross-
servicing agreement transactions (sec. 881)............ 1706
Domestic comparative testing activities (sec. 882)....... 1706
Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste,
fraud, or abuse (sec. 883)............................. 1707
Program management improvement officers and program
management policy council (sec. 884)................... 1707
Disclosure of beneficial owners in database for Federal
agency contract and grant officers (sec. 885).......... 1707
Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests (sec.
886)................................................... 1708
Amendments to submissions to Congress relating to certain
foreign military sales (sec. 887)...................... 1709
Revision to requirement to use firm fixed-price contracts
for foreign military sales (sec. 888).................. 1709
Assessment and enhancement of national security
innovation base (sec. 889)............................. 1709
Identification of certain contracts relating to
construction or maintenance of a border wall (sec. 890) 1710
Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national
emergency (sec. 891)................................... 1710
Legislative Provisions Not Adopted........................... 1711
Modification to the definition of nontraditional defense
contractor............................................. 1711
Competition requirements for purchases from Federal
Prison Industries...................................... 1711
Requirements concerning former Department of Defense
officials and lobbying activities...................... 1711
Enhanced domestic content requirement for major defense
acquisition programs................................... 1712
Sense of Congress on the prohibition on certain
telecommunications and video surveillance services or
equipment.............................................. 1713
Domestic sourcing requirements for aluminum.............. 1714
Briefing on the supply chain for small unmanned aircraft
system components...................................... 1714
Prohibition on procurement or operation of foreign-made
unmanned aircraft systems.............................. 1715
Sense of Congress on gaps or vulnerabilities in the
national technology and industrial base................ 1715
Equitable adjustments to certain construction contracts.. 1715
Exemption of certain contracts awarded to small business
concerns from category management requirements......... 1716
Report on accelerated payments to certain small business
concerns............................................... 1716
Boots to Business Program................................ 1716
Modifications to supervision and award of certain
contracts.............................................. 1717
Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures............................................. 1717
Reports recommending disposition of notes and pertaining
to reorganization of certain sections of defense
acquisition statutes................................... 1717
Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor Standards Act of
1938................................................... 1718
Reestablishment of Commission on Wartime Contracting..... 1719
Congressional oversight of private security contractor
contracts.............................................. 1719
Revisions to the Unified Facilities Criteria regarding
the use of variable refrigerant flow systems........... 1719
Recommendations for future direct selections............. 1719
Report on the effect of the Defense Manufacturing
Communities Support Program on the defense supply chain 1720
Disaster declaration in rural areas...................... 1720
Small business loans for nonprofit child care providers.. 1720
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 1721
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 1721
Repeal of position of Chief Management Officer of the
Department of Defense (sec. 901)....................... 1721
Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict and related matters (sec. 902).. 1722
Assistant Secretary of Defense for Industrial Base Policy
(sec. 903)............................................. 1723
Assistant Secretary of Defense for Energy, Installations,
and Environment (sec. 904)............................. 1724
Office of Local Defense Community Cooperation (sec. 905). 1724
Input from the Vice Chief of National Guard Bureau to the
Joint Requirements Oversight Council (sec. 906)........ 1725
Assignment of responsibility for the Arctic region within
the Office of the Secretary of Defense (sec. 907)...... 1725
Modernization of process used by the Department of
Defense to identify, task, and manage Congressional
reporting requirements (sec. 908)...................... 1725
Subtitle B--Other Department of Defense Organization and
Management Matters......................................... 1726
Reform of the Department of Defense (sec. 911)........... 1726
Limitation on reduction of civilian workforce (sec. 912). 1726
Chief Diversity Officer and Senior Advisors for Diversity
and Inclusion (sec. 913)............................... 1727
Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media
Activity (sec. 914).................................... 1727
Subtitle C--Space Force Matters.............................. 1727
Office of the Chief of Space Operations (sec. 921)....... 1727
Clarification of Space Force and Chief of Space
Operations authorities (sec. 922)...................... 1728
Amendments to Department of the Air Force provisions in
title 10, United States Code (sec. 923)................ 1728
Amendments to other provisions of title 10, United States
Code (sec. 924)........................................ 1728
Amendments to provisions of law relating to pay and
allowances (sec. 925).................................. 1728
Amendments to provisions of law relating to veterans'
benefits (sec. 926).................................... 1728
Amendments to other provisions of the United States Code
and other laws (sec. 927).............................. 1729
Applicability to other provisions of law (sec. 928)...... 1729
Temporary exemption from authorized daily average of
members in pay grades E-8 and E-9 (sec. 929)........... 1729
Limitation on transfer of military installations to the
jurisdiction of the Space Force (sec. 930)............. 1729
Organization of the Space Force (sec. 931)............... 1730
Legislative Provisions Not Adopted........................... 1730
Establishment of Deputy Assistant Secretaries for
Sustainment............................................ 1730
Redesignation of the Joint Forces Staff College.......... 1731
Comptroller General report on vulnerabilities of the
Department of Defense resulting from offshore technical
support call centers................................... 1731
Assistant Secretary of Defense for Space and Strategic
Deterrence Policy...................................... 1732
Space Force Medal........................................ 1732
Rank and grade structure of the United States Space Force 1732
Report on the role of the Naval Postgraduate School in
space education........................................ 1733
Office of the Chief of Space Operations.................. 1733
Transfers of military and civilian personnel to the Space
Force.................................................. 1733
Application of acquisition demonstration project to
Department of the Air Force employees assigned to
acquisition positions within the Space Force........... 1734
Annual report on establishment of field operating
agencies............................................... 1734
TITLE X--GENERAL PROVISIONS...................................... 1734
Subtitle A--Financial Matters................................ 1734
General transfer authority (sec. 1001)................... 1734
Budget materials for special operations forces (sec.
1002).................................................. 1735
Application of Financial Improvement and Audit
Remediation Plan to fiscal years following fiscal year
2020 (sec. 1003)....................................... 1735
Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on
the financial statements (sec. 1004)................... 1735
Audit readiness and remediation (sec. 1005).............. 1735
Addition of Chief of the National Guard Bureau to the
list of officers providing reports of unfunded
priorities (sec. 1006)................................. 1736
Subtitle B--Counterdrug Activities........................... 1736
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).............. 1736
Subtitle C--Naval Vessels.................................... 1737
Limitation on availability of certain funds without naval
vessels plan and certification (sec. 1021)............. 1737
Limitations on use of funds in the National Defense
Sealift Fund for purchase of foreign constructed
vessels (sec. 1022).................................... 1737
Use of National Sea-Based Deterrence Fund for
incrementally funded contracts to provide full funding
for Columbia class submarines (sec. 1023).............. 1738
Preference for United States vessels in transporting
supplies by sea (sec. 1024)............................ 1738
Restrictions on overhaul, repair, etc. of naval vessels
in foreign shipyards (sec. 1025)....................... 1738
Biennial report on shipbuilder training and the defense
industrial base (sec. 1026)............................ 1739
Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms (sec. 1027)................... 1739
Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat (sec. 1028)........ 1739
Working group on stabilization of Navy shipbuilding
industrial base workforce (sec. 1029).................. 1739
Limitation on naval force structure changes (sec. 1030).. 1739
Subtitle D--Counterterrorism................................. 1740
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)............................................ 1740
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)....................... 1740
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)............................................ 1740
Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba (sec. 1044)....................... 1740
Subtitle E--Miscellaneous Authorities and Limitations........ 1741
Support of special operations to combat terrorism (sec.
1051).................................................. 1741
Expenditure of funds for Department of Defense
clandestine activities that support operational
preparation of the environment (sec. 1052)............. 1741
Sale or donation of excess Department of Defense personal
property for law enforcement activities (sec. 1053).... 1742
Prohibition on retirement of nuclear powered aircraft
carriers before first refueling (sec. 1054)............ 1742
Reauthorization of National Oceanographic Partnership
Program (sec. 1055).................................... 1742
Modification and technical correction to Department of
Defense authority to provide assistance along the
southern land border of the United States (sec. 1056).. 1742
Limitation on use of funds for retirement of A-10
aircraft (sec. 1057)................................... 1743
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).. 1743
Public availability of Department of Defense legislative
proposals (sec. 1059).................................. 1743
Arctic planning, research, and development (sec. 1060)... 1744
Authority to establish a movement coordination center
Pacific in the Indo-Pacific region (sec. 1061)......... 1744
Limitation on provision of funds to institutions of
higher education hosting Confucius Institutes (sec.
1062).................................................. 1744
Support for national maritime heritage grants program
(sec. 1063)............................................ 1745
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).................................................. 1745
Subtitle F--Studies and Reports.............................. 1746
FFRDC study of explosive ordnance disposal agencies (sec.
1071).................................................. 1746
Study on force structure for Marine Corps aviation (sec.
1072).................................................. 1746
Report on joint training range exercises for the Pacific
region (sec. 1073)..................................... 1746
Reports on threats to United States forces from small
unmanned aircraft systems worldwide (sec. 1074)........ 1746
Under Secretary of Defense (Comptroller) reports on
improving the budget justification and related
materials of the Department of Defense (sec. 1075)..... 1747
Quarterly briefings on Joint All Domain Command and
Control effort (sec. 1076)............................. 1747
Report on civilian casualty resourcing and authorities
(sec. 1077)............................................ 1747
Comptroller General Review of Department of Defense
efforts to prevent resale of goods manufactured by
forced labor in commissaries and exchanges (sec. 1078). 1748
Comptroller General report on Department of Defense
processes for responding to congressional reporting
requirements (sec. 1079)............................... 1748
Subtitle G--Other Matters.................................... 1748
Technical, conforming, and clerical amendments (sec.
1081).................................................. 1748
Reporting on adverse events relating to consumer products
on military installations (sec. 1082).................. 1748
Modification to First Division monument (sec. 1083)...... 1749
Sense of Congress regarding reporting of civilian
casualties resulting from United States military
operations (sec. 1084)................................. 1749
Deployment of real-time status of special use airspace
(sec. 1085)............................................ 1749
Duties of Secretary under uniformed and overseas citizens
absentee voting act (sec. 1086)........................ 1750
Mitigation of military helicopter noise (sec. 1087)...... 1750
Congressional expression of support for the designation
of National Borinqueneers Day (sec. 1088).............. 1750
Ted Stevens Center for Arctic Security Studies (sec.
1089).................................................. 1751
Establishment of vetting procedures and monitoring
requirements for certain military training (sec. 1090). 1751
Personal protective equipment matters (sec. 1091)........ 1751
Legislative Provisions Not Adopted........................... 1752
Pandemic Preparedness and Resilience National Security
Fund................................................... 1752
Support for counterdrug activities and activities to
counter transnational organized crime affecting flow of
drugs into the United States........................... 1752
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............... 1752
Sense of Congress on actions necessary to achieve a 355-
ship Navy.............................................. 1753
Prohibition on use of funds for retirement of certain
littoral combat ships.................................. 1753
Report on implementation of Commandant's Planning
Guidance............................................... 1753
Annual report on use of social media by foreign terrorist
organizations.......................................... 1754
Clarification of authority of military commissions under
chapter 47A of title 10, United States Code, to punish
contempt............................................... 1754
Prohibition on actions to infringe upon First Amendment
rights of peaceable assembly and petition for redress
of grievances.......................................... 1754
Battlefield airborne communications node certification
requirement............................................ 1755
Consideration of security risks in certain
telecommunications architecture for future overseas
basing decisions of the Department of Defense.......... 1755
Limitation on use of funds pending public availability of
top-line numbers of deployed members of the Armed
Forces................................................. 1755
Inclusion of United States Naval Sea Cadet Corps among
youth and charitable organizations authorized to
receive assistance from the National Guard............. 1756
Limitation on physical move, integration, reassignment,
or shift in responsibility of Marine Forces Northern
Command................................................ 1756
Sense of Congress on the basing of KC-46A aircraft
outside the contiguous United States................... 1756
Curtailing Insurrection Act violations of individuals'
liberties.............................................. 1756
Inclusion of explosive ordnance disposal in special
operations activities.................................. 1757
Limitation on deactivation, unmanning, or selling of Army
watercraft assets pending comprehensive analysis of
mobility requirements and capabilities................. 1757
Study on unemployment rate of female veterans who served
on active duty in the Armed Forces after September 11,
2001................................................... 1757
Report on the Chemical and Biological Defense Program of
the Department of Defense.............................. 1757
Department of Defense strategic Arctic ports............. 1758
Sense of Senate on Gold Star Families Remembrance Week... 1759
Review of support of special operations to combat
terrorism.............................................. 1759
Report on the Human Rights Office at United States
Southern Command....................................... 1759
Sense of Congress and strategy on catastrophic critical
infrastructure failure response........................ 1760
Report on recognition of African American servicemembers
in Department of Defense naming practices.............. 1760
Report on transforming business processes for
revolutionary change................................... 1761
Report on agile program and project management........... 1761
Publicly available database of casualties of members of
the Armed Forces....................................... 1762
Department of Defense support for certain sporting events 1762
Hemp products............................................ 1763
Integration of members of the Armed Forces who are
minorities............................................. 1763
Protections for pregnant members of the Armed Forces..... 1763
Release of Department of Defense documents on the 1981 El
Mozote massacre in El Salvador......................... 1763
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........................... 1763
Increased realism and training effectiveness for airborne
anti-submarine warfare training at offshore training
ranges................................................. 1764
Review of use of innovative wood product technology...... 1764
Modernization of congressional reports process........... 1764
Report on pandemic preparedness and planning of the Navy. 1765
Modification of Estimate of damages from Federal
Communications Commission Order 20-48.................. 1765
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 1765
Subtitle A--General Provisions............................... 1765
Department of Defense policy on unclassified workspaces
and job functions of personnel with pending security
clearances (sec. 1101)................................. 1765
Enhancement of public-private talent exchange programs in
the Department of Defense (sec. 1102).................. 1766
Paid parental leave technical corrections (sec. 1103).... 1767
Authority to provide travel and transportation allowances
in connection with transfer ceremonies of certain
civilian employees who die overseas (sec. 1104)........ 1767
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)............................................ 1767
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1106) 1767
Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance (sec.
1107).................................................. 1768
Temporary authority to appoint retired members of the
Armed Forces to positions in the Department of Defense
(sec. 1108)............................................ 1768
Fire fighters alternative work schedule demonstration
project for the Navy Region Mid-Atlantic Fire and
Emergency Services (sec. 1109)......................... 1769
Special rules for certain monthly workers' compensation
payments and other payments for Federal Government
personnel under chief of mission authority (sec. 1110). 1769
Temporary increase in limitation on accumulation of
annual leave for Executive branch employees (sec. 1111) 1769
Telework travel expenses program of the United States
Patent and Trademark Office (sec. 1112)................ 1770
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).......... 1770
Enhanced pay authority for certain acquisition and
technology positions in the Department of Defense (sec.
1114).................................................. 1770
Enhanced pay authority for certain research and
technology positions in the science and technology
reinvention laboratories of the Department of Defense
(sec. 1115)............................................ 1770
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)............................................ 1770
Expansion of direct hire authority for certain Department
of Defense personnel to include installation military
housing office positions supervising privatized
military housing (sec. 1117)........................... 1771
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). 1771
Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense
(sec. 1119)............................................ 1771
Recruitment incentives for placement at remote locations
(sec. 1120)............................................ 1771
Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation (sec. 1121)............. 1772
Subtitle B--Elijah E. Cummings Federal Employee
Antidiscrimination Act of 2020............................. 1772
Elijah E. Cummings Federal Employee Antidiscrimination
Act of 2020 (secs. 1131-1138).......................... 1772
Legislative Provisions Not Adopted........................... 1772
Limitation on authority to exclude employees from chapter
71 of title 5.......................................... 1772
Limiting the number of local wage areas defined within a
pay locality........................................... 1772
Modification of direct hire authority for certain
personnel involved with Department of Defense
maintenance activities................................. 1773
Report by Comptroller General of the United States on
diversity and inclusion within the civilian workforce
of the Department of Defense........................... 1773
Vacancy of Inspector General positions................... 1774
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 1774
Subtitle A--Assistance and Training.......................... 1774
Authority to build capacity for additional operations
(sec. 1201)............................................ 1774
Participation in European program on multilateral
exchange of surface transportation services (sec. 1202) 1775
Participation in programs relating to coordination or
exchange of air refueling and air transportation
services (sec. 1203)................................... 1775
Reciprocal patient movement agreements (sec. 1204)....... 1775
Modification to the Inter-European Air Forces Academy
(sec. 1205)............................................ 1775
Modification of authority for participation in
multinational centers of excellence (sec. 1206)........ 1776
Modification and extension of support of special
operations for irregular warfare (sec. 1207)........... 1776
Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries
(sec. 1208)............................................ 1776
Modification and extension of update of Department of
Defense Freedom of Navigation Report (sec. 1209)....... 1777
Extension and modification of authority to support border
security operations of certain foreign countries (sec.
1210).................................................. 1777
Extension of Department of Defense support for
stabilization activities in national security interest
of the United States (sec. 1210A)...................... 1777
Extension of report on workforce development (sec. 1210B) 1777
Plan to increase participation in international military
education and training programs (sec. 1210C)........... 1777
Mitigation and prevention of atrocities in high-risk
countries (sec. 1210D)................................. 1778
Implementation of the Women, Peace, and Security Act of
2017 (sec. 1210E)...................................... 1778
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 1778
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1211).......... 1778
Extension of the Afghan Special Immigrant Visa Program
(sec. 1212)............................................ 1778
Extension and modification of support for reconciliation
activities led by the Government of Afghanistan (sec.
1213).................................................. 1779
Extension and modification of Commanders' Emergency
Response Program (sec. 1214)........................... 1780
Limitation on use of funds to reduce deployment to
Afghanistan (sec. 1215)................................ 1780
Modifications to immunity from seizure under judicial
process of cultural objects (sec. 1216)................ 1780
Congressional oversight of United States talks with
Taliban officials and Afghanistan's comprehensive peace
process (sec. 1217).................................... 1781
Strategy for post-conflict engagement on human rights in
Afghanistan (sec. 1218)................................ 1781
Modification to report on enhancing security and
stability in Afghanistan (sec. 1219)................... 1781
Report on Operation Freedom's Sentinel (sec. 1220)....... 1782
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 1782
Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria (sec. 1221)...................................... 1782
Extension and modification of authority to provide
assistance to vetted Syrian groups and individuals
(sec. 1222)............................................ 1783
Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq (sec. 1223)........................ 1783
Prohibition on provision of weapons and other forms of
support to certain organizations (sec. 1224)........... 1783
Report and budget details regarding Operation Spartan
Shield (sec. 1225)..................................... 1783
Subtitle D--Matters Relating to Russia....................... 1783
Extension of limitation on military cooperation between
the United States and the Russian Federation (sec.
1231).................................................. 1783
Matters relating to United States participation in the
Open Skies Treaty (sec. 1232).......................... 1784
Prohibition on availability of funds relating to
sovereignty of the Russian Federation over Crimea (sec.
1233).................................................. 1784
Annual report on military and security developments
involving the Russian Federation (sec. 1234)........... 1785
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1235)................................. 1785
Report on capability and capacity requirements of
military forces of Ukraine and resource plan for
security assistance (sec. 1236)........................ 1786
Report on Russian Federation support of racially and
ethnically motivated violent extremists (sec. 1237).... 1786
Authorization of rewards for providing information on
foreign election interference (sec. 1238).............. 1787
Subtitle E--Matters Relating to Europe and NATO.............. 1787
Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system
(sec. 1241)............................................ 1787
Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline
projects (sec. 1242)................................... 1787
Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises (sec. 1243).................................. 1788
Sense of Congress on support for the North Atlantic
Treaty Organization (sec. 1244)........................ 1788
Limitation on United States force structure reductions in
Germany (sec. 1245).................................... 1788
Report on United States military force posture in
Southeastern Europe (sec. 1246)........................ 1788
Sense of Congress on support for coordinated action to
ensure the security of Baltic allies (sec. 1247)....... 1789
Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization (sec. 1248)......... 1789
Subtitle F--Matters Relating to the Indo-Pacific Region...... 1789
Pacific Deterrence Initiative (sec. 1251)................ 1789
Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong
Kong Police Force (sec. 1252).......................... 1790
Authority to transfer funds for Bien Hoa dioxin cleanup
(sec. 1253)............................................ 1790
Cooperative program with Vietnam to account for
Vietnamese personnel missing in action (sec. 1254)..... 1790
Sense of Congress on the United States-Vietnam defense
relationship (sec. 1255)............................... 1790
Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia (sec. 1256).................... 1798
Report on the costs most directly associated with the
stationing of the Armed Forces in Japan (sec. 1257).... 1799
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)................ 1799
Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical
and biological weapons (sec. 1259)..................... 1799
Statement of policy and sense of Congress on the Taiwan
Relations Act (sec. 1260).............................. 1800
Annual briefing on Taiwan arms sales (sec. 1260A)........ 1800
Report on United States-Taiwan medical security
partnership (sec. 1260B)............................... 1800
Establishment of capabilities to assess the defense
technological and industrial bases of China and other
foreign adversaries (sec. 1260C)....................... 1801
Extension of annual report on military and security
developments involving the People's Republic of China
(sec. 1260D)........................................... 1801
Sense of Congress on the aggression of the Government of
China along the border with India and its growing
territorial claims (sec. 1260E)........................ 1802
Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft (sec.
1260F)................................................. 1802
Report on United Front Work Department (sec. 1260G)...... 1802
Public reporting of Chinese military companies operating
in the United States (sec. 1260H)...................... 1802
Report on directed use of fishing fleets (sec. 1260I).... 1802
Subtitle G--Sudan Democratic Transition, Accountability, and
Fiscal Transparency Act of 2020............................ 1803
Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020 (secs. 1261-1270E)............ 1803
Subtitle H--United States Israel Security Assistance
Authorization Act of 2020.................................. 1803
Short title (sec. 1271).................................. 1803
Sense of Congress on United States-Israel relationship
(sec. 1272)............................................ 1803
Security assistance for Israel (sec. 1273)............... 1803
Extension of war reserves stockpile authority (sec. 1274) 1803
Rules governing the transfer of precision-guided
munitions to Israel above the annual restriction (sec.
1275).................................................. 1804
Eligibility of Israel for the strategic trade
authorization exception to certain export control
licensing requirements (sec. 1276)..................... 1804
United States Agency for International Development
memoranda of understanding to enhance cooperation with
Israel (sec. 1277)..................................... 1804
Cooperative projects among the United States, Israel, and
developing countries (sec. 1278)....................... 1805
Joint cooperative program related to innovation and high-
tech for the Middle East region (sec. 1279)............ 1805
Cooperation on directed energy capabilities (sec. 1280).. 1805
Other matters of cooperation (sec. 1280A)................ 1805
Appropriate congressional committees defined (sec. 1280B) 1806
Subtitle I--Global Child Thrive Act of 2020.................. 1806
Global Child Thrive Act of 2020 (secs. 1281-1285)........ 1806
Subtitle J--Matters Relating to Africa and the Middle East... 1806
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).................................................. 1806
Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force
and Observers in Egypt (sec. 1292)..................... 1806
Report on enhancing security partnerships between the
United States and African countries (sec. 1293)........ 1807
Plan to address gross violations of human rights and
civilian harm in Burkina Faso, Chad, Mali, and Niger
(sec. 1294)............................................ 1807
Statement of policy and report relating to the conflict
in Yemen (sec. 1295)................................... 1807
Report on United States military support of the Saudi-led
coalition in Yemen (sec. 1296)......................... 1808
Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions (sec. 1297)......... 1808
Subtitle K--Other Matters.................................... 1808
Provision of goods and services at Kwajalein Atoll,
Republic of the Marshall Islands (sec. 1299A).......... 1808
Report on contributions received from designated
countries (sec. 1299B)................................. 1808
Modification to initiative to support protection of
national security academic researchers from undue
influence and other security threats (sec. 1299C)...... 1809
Extension of authorization of non-conventional assisted
recovery capabilities (sec. 1299D)..................... 1809
Annual briefings on certain foreign military bases of
adversaries (sec. 1299E)............................... 1810
Countering white identity terrorism globally (sec. 1299F) 1810
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)......... 1811
Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and
the United States (sec. 1299H)......................... 1811
Assessment of weapons of mass destruction terrorism (sec.
1299I)................................................. 1812
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)......................... 1813
Certification relating to assistance for Guatemala (sec.
1299K)................................................. 1813
Functional Center for Security Studies in Irregular
Warfare (sec. 1299L)................................... 1814
United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition
Advisory Group (sec. 1299M)............................ 1815
Payment of passport fees for certain individuals (sec.
1299N)................................................. 1815
Resumption of Peace Corps operations (sec. 1299O)........ 1815
Establishment of the Open Technology Fund (sec. 1299P)... 1816
United States Agency for Global Media (sec. 1299Q)....... 1816
Leveraging information on foreign traffickers (sec.
1299R)................................................. 1816
Rule of construction relating to use of military force
(sec. 1299S)........................................... 1816
Legislative Provisions Not Adopted........................... 1816
Authority to build capacity for air sovereignty
operations............................................. 1816
Report on human rights and building partner capacity
programs............................................... 1817
Sense of Congress on Peshmerga forces as a partner in
Operation Inherent Resolve............................. 1817
Report on the threat posed by Iranian-backed militias in
Iraq................................................... 1818
Sense of Congress on support for Ukraine................. 1818
Sense of Senate on North Atlantic Treaty Organization
enhanced opportunities partner status for Ukraine...... 1818
Report on the threat posed by Iranian-backed militias in
Iraq................................................... 1819
Report on presence of Russian military forces in other
foreign countries...................................... 1819
Countering Russian and other overseas kleptocracy........ 1819
Sense of Senate on strategic competition with the Russian
Federation and related activities of the Department of
Defense................................................ 1820
Sense of Congress on support for Georgia................. 1820
Sense of Congress on burden sharing by partners and
allies................................................. 1820
Sense of Congress on NATO's response to the COVID-19
pandemic............................................... 1821
Coordination of stockpiles with the North Atlantic Treaty
Organization and other allies.......................... 1821
Report on China's One Belt, One Road Initiative in Africa 1821
Training of ally and partner air forces in Guam.......... 1822
Report on supply chain security cooperation with Taiwan.. 1822
Sense of Congress on United States commitments to Pacific
allies................................................. 1823
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............................... 1823
Southeast Asia Strategy.................................. 1823
Sense of Congress on strategic security relationship
between the United States and Mongolia................. 1823
Sense of Congress on co-development with Japan of a long-
range ground-based anti-ship cruise missile system..... 1823
Statement of policy on cooperation in the Indo-Pacific
region................................................. 1824
Expanding the state partnership program in Africa........ 1824
Sense of Congress with respect to Qatar.................. 1824
Prohibition on support for military participation against
the Houthis............................................ 1824
Report on risk to personnel, equipment, and operations
due to Huawei 5G architecture in host countries........ 1825
Allied burden sharing report............................. 1825
Establishment of the Office of Subnational Diplomacy..... 1825
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...... 1825
Sense of Congress on the United States-Israel
relationship........................................... 1826
Report on internally displaced peoples in Ukraine,
Georgia, Moldova, and Azerbaijan....................... 1826
Enhancing Engagement with the Caribbean.................. 1826
Amendments to Annual Country Reports on Human Rights
Practices.............................................. 1826
Establishment of National Commission on U.S.
Counterterrorism Policy................................ 1827
Program to prevent, mitigate, and respond to civilian
harm as a result of military operations in Somalia..... 1827
Improved coordination of United States sanctions policy.. 1827
Sense of Congress relating to Grand Ethiopian Renaissance
Dam.................................................... 1827
Report on all comprehensive sanctions imposed on foreign
governments............................................ 1828
Limitation on assistance to Brazil....................... 1828
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..................... 1828
Protection and promotion of internationally recognized
human rights during the novel coronavirus pandemic..... 1829
Promoting human rights in Colombia....................... 1829
Report on Venezuela...................................... 1830
Prohibition on use of funds for aerial fumigation........ 1831
Report on support for democratic reforms by the
Government of the Republic of Georgia.................. 1831
Transfer of excess naval vessels to the Government of
Egypt.................................................. 1831
Limitation on production of nuclear proliferation
assessment statements.................................. 1831
Report on Mexican Security Forces........................ 1831
Global Health Security Act of 2020....................... 1832
Definitions.............................................. 1832
Sunset................................................... 1833
Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act..................................... 1833
Matters relating to the Northern Triangle................ 1833
Foreign military loan authority.......................... 1833
Report on NATO member contributions...................... 1833
Efforts to counter malign authoritarian influence........ 1833
Sense of Senate on United States-Israel cooperation on
precision-guided munitions............................. 1834
Blocking deadly fentanyl imports......................... 1834
Findings................................................. 1834
Extension of loan guarantees to Israel................... 1834
Sense of Congress on rapid acquisition and deployment
procedures............................................. 1835
Sense of Congress on United States-Israel economic
cooperation............................................ 1835
Plans to provide Israel with necessary defense articles
and services in a contingency.......................... 1835
Banking Transparency for Sanctioned Persons Act of 2019.. 1835
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1835
Funding allocations; specification of cooperative threat
reduction funds (sec. 1301)............................ 1835
Legislative Provisions Not Adopted........................... 1835
Sense of Congress regarding biological threat reduction
and cooperative biological engagement of the
cooperative threat reduction program................... 1835
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1837
Subtitle A--Military Programs................................ 1837
Working capital funds (sec. 1401)........................ 1837
Chemical agents and munitions destruction, defense (sec.
1402).................................................. 1837
Drug interdiction and counter-drug activities, defense-
wide (sec. 1403)....................................... 1837
Defense Inspector General (sec. 1404).................... 1838
Defense health program (sec. 1405)....................... 1838
Subtitle B--Armed Forces Retirement Home..................... 1838
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1411)............................ 1838
Expansion of eligibility for residence at the Armed
Forces Retirement Home (sec. 1412)..................... 1838
Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting
organization (sec. 1413)............................... 1838
Subtitle C--Other Matters.................................... 1839
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)...................... 1839
Legislative Provisions Not Adopted........................... 1839
National Defense Sealift Fund............................ 1839
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1839
Subtitle A--Authorization of Appropriations.................. 1839
Purpose (sec. 1501)...................................... 1839
Overseas contingency operations (sec. 1502).............. 1840
Procurement (sec. 1503).................................. 1840
Research, development, test, and evaluation (sec. 1504).. 1840
Operation and maintenance (sec. 1505).................... 1840
Military personnel (sec. 1506)........................... 1840
Working capital funds (sec. 1507)........................ 1840
Drug interdiction and counter-drug activities, defense-
wide (sec. 1508)....................................... 1840
Defense Inspector General (sec. 1509).................... 1841
Defense Health Program (sec. 1510)....................... 1841
Subtitle B--Financial Matters................................ 1841
Treatment as additional authorizations (sec. 1511)....... 1841
Special transfer authority (sec. 1512)................... 1841
Subtitle C--Other Matters.................................... 1841
Afghanistan Security Forces Fund (sec. 1521)............. 1841
Legislative Provisions Not Adopted........................... 1842
Report on transitioning funding.......................... 1842
Transition and enhancement of inspector general
authorities for Afghanistan reconstruction............. 1842
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS........................................................ 1843
Subtitle A--Space Activities................................. 1843
Space Development Agency development requirements and
transfer to Space Force (sec. 1601).................... 1843
Personnel management authority for Space Development
Agency for experts in science and engineering (sec.
1602).................................................. 1843
Requirement to buy certain satellite components from
national technology and industrial base (sec. 1603).... 1844
Conforming amendments relating to reestablishment of
Space Command (sec. 1604).............................. 1844
Clarification of authority for procurement of commercial
satellite communications services (sec. 1605).......... 1844
National Security Space Launch program (sec. 1606)....... 1845
Commercial space domain awareness capabilities (sec.
1607).................................................. 1846
Policy to ensure launch of small-class payloads (sec.
1608).................................................. 1846
Tactically responsive space launch operations (sec. 1609) 1847
Limitation on availability of funds for prototype program
for multi-global navigation satellite system receiver
development (sec. 1610)................................ 1847
Resilient and survivable positioning, navigation, and
timing capabilities (sec. 1611)........................ 1847
Leveraging commercial satellite remote sensing (sec.
1612).................................................. 1848
Strategy to strengthen civil and national security
capabilities and operations in space (sec. 1613)....... 1848
Report and strategy on space competition with China (sec.
1614).................................................. 1849
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1849
Safety of navigation mission of the National Geospatial-
Intelligence Agency (sec. 1621)........................ 1849
National Academies Climate Security Roundtable (sec.
1622).................................................. 1849
Efficient use of sensitive compartmented information
facilities (sec. 1623)................................. 1850
Subtitle C--Nuclear Forces................................... 1850
Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating
to such updates (sec. 1631)............................ 1850
Role of Nuclear Weapons Council with respect to
performance requirements and budget for nuclear weapons
programs (sec. 1632)................................... 1850
Modification of Government Accountability Office review
of annual reports on nuclear weapons enterprise (sec.
1633).................................................. 1851
Independent study on nuclear weapons programs of certain
foreign countries (sec. 1634).......................... 1851
Prohibition on reduction of the intercontinental
ballistic missiles of the United States (sec. 1635).... 1852
Subtitle D--Missile Defense Programs......................... 1852
Alignment of the Missile Defense Agency within the
Department of Defense (sec. 1641)...................... 1852
Extension of prohibition relating to missile defense
information and systems (sec. 1642).................... 1853
Extension of transition of ballistic missile defense
programs to military departments (sec. 1643)........... 1853
Extension of requirement for Comptroller General review
and assessment of missile defense acquisition programs
(sec. 1644)............................................ 1853
Development of hypersonic and ballistic missile tracking
space sensor payload (sec. 1645)....................... 1853
Ground-based midcourse defense interim capability (sec.
1646).................................................. 1854
Next generation interceptors (sec. 1647)................. 1855
Report on and limitation on availability of funds for
layered homeland missile defense system (sec. 1648).... 1856
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production (sec. 1649).............................. 1856
Report on defense of Guam from integrated air and missile
threats (sec. 1650).................................... 1857
Reports on cruise missile defense and North Warning
System (sec. 1651)..................................... 1857
Subtitle E--Matters Relating to Certain Commercial
Terrestrial Operations..................................... 1857
Prohibition on availability of funds for certain purposes
relating to the Global Positioning System (sec. 1661).. 1857
Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that
cause harmful interference with the Global Positioning
System (sec. 1662)..................................... 1858
Independent technical review of Federal Communications
Commission Order 20-48 (sec. 1663)..................... 1858
Estimate of damages from Federal Communications
Commission Order 20-48 (sec. 1664)..................... 1858
Subtitle F--Other Matters.................................... 1858
Conventional prompt strike (sec. 1671)................... 1858
Limitation on availability of funds relating to reports
on missile systems and arms control treaties (sec.
1672).................................................. 1859
Submission of reports under Missile Defense Review and
Nuclear Posture Review (sec. 1673)..................... 1859
Legislative Provisions Not Adopted........................... 1859
Responsive satellite infrastructure...................... 1859
Space launch rate assessment............................. 1860
Report on impact of acquisition strategy for the National
Security Space Launch Program on emerging foreign space
launch providers....................................... 1861
Report on effect of COVID-19 on space industrial base and
space programs of Department of Defense................ 1861
Satellite ground network frequency licensing............. 1861
Report on resilient protected communications satellites.. 1862
Exercises of nuclear command, control, and communications
system................................................. 1862
Role of Secretary of Defense and Secretary of Energy on
Nuclear Weapons Council................................ 1863
Briefing on nuclear weapons storage and maintenance
facilities of the Air Force............................ 1863
Sense of the Senate on nuclear cooperation between the
United States and the United Kingdom................... 1864
Missile defense cooperation between the United States and
Israel................................................. 1865
Report on consideration of risks of inadvertent
escalation to nuclear war.............................. 1865
Report on electromagnetic pulse hardening of ground-based
strategic deterrent weapons system..................... 1866
TITLE XVII--CYBERSPACE-RELATED MATTERS........................... 1866
Modification of mission of Cyber Command and assignment
of cyber operations forces (sec. 1701)................. 1866
Modification of scope of notification requirements for
sensitive military cyber operations (sec. 1702)........ 1866
Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress (sec.
1703).................................................. 1866
Clarification relating to protection from liability of
operationally critical contractors (sec. 1704)......... 1867
Strengthening Federal networks; CISA cybersecurity
support to agencies (sec. 1705)........................ 1867
Improvements relating to the quadrennial cyber posture
review (sec. 1706)..................................... 1867
Modification of authority to use operation and
maintenance funds for cyber operations-peculiar
capability development projects (sec. 1707)............ 1868
Personnel management authority for Commander of United
States Cyber Command and development program for
offensive cyber operations (sec. 1708)................. 1868
Applicability of reorientation of Big Data Platform
program to Department of Navy (sec. 1709).............. 1868
Report on Cyber Institutes program (sec. 1710)........... 1869
Modification of acquisition authority of Commander of
United States Cyber Command (sec. 1711)................ 1869
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)...................... 1869
Modification of position of Principal Cyber Advisor (sec.
1713).................................................. 1869
Cyberspace Solarium Commission (sec. 1714)............... 1870
Establishment in Department of Homeland Security of joint
cyber planning office (sec. 1715)...................... 1870
Subpoena authority (sec. 1716)........................... 1870
Cybersecurity State Coordinator (sec. 1717).............. 1870
Cybersecurity advisory committee (sec. 1718)............. 1870
Cybersecurity education and training assistance program
(sec. 1719)............................................ 1871
Framework for cyber hunt forward operations (sec. 1720).. 1871
Rationalization and integration of parallel cybersecurity
architectures and operations (sec. 1721)............... 1871
Assessing risk to national security of quantum computing
(sec. 1722)............................................ 1871
Tailored cyberspace operations organizations (sec. 1723). 1872
Responsibility for cybersecurity and critical
infrastructure protection of the defense industrial
base (sec. 1724)....................................... 1872
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)................ 1873
Department of Defense cyber workforce efforts (sec. 1726) 1873
Reporting requirements for cross domain incidents and
exemptions to policies for information technology (sec.
1727).................................................. 1874
Assessing private-public collaboration in cybersecurity
(sec. 1728)............................................ 1874
Cyber capabilities and interoperability of the National
Guard (sec. 1729)...................................... 1874
Evaluation of non-traditional cyber support to the
Department of Defense (sec. 1730)...................... 1874
Integrated cybersecurity center plan (sec. 1731)......... 1875
Assessment of cyber operational planning and
deconfliction policies and processes (sec. 1732)....... 1875
Pilot program on cybersecurity capability metrics (sec.
1733).................................................. 1876
Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense
networks (sec. 1734)................................... 1876
Integration of Department of Defense user activity
monitoring and cybersecurity (sec. 1735)............... 1876
Defense industrial base cybersecurity sensor architecture
plan (sec. 1736)....................................... 1876
Assessment on defense industrial base participation in a
threat information sharing program (sec. 1737)......... 1877
Assistance for small manufacturers in the defense
industrial supply chain on matters relating to
cybersecurity (sec. 1738).............................. 1877
Assessment on defense industrial base cybersecurity
threat hunting program (sec. 1739)..................... 1878
Defense Digital Service (sec. 1740)...................... 1878
Matters concerning the College of Information and
Cyberspace and limitation of funding for National
Defense University (sec. 1741)......................... 1879
Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework (sec. 1742)..... 1879
Extension of sunset for pilot program on regional
cybersecurity training center for the Army National
Guard (sec. 1743)...................................... 1880
National cyber exercises (sec. 1744)..................... 1880
Cybersecurity and Infrastructure Security Agency review
(sec. 1745)............................................ 1880
Report on enabling United States Cyber Command resource
allocation (sec. 1746)................................. 1881
Ensuring cyber resiliency of nuclear command and control
system (sec. 1747)..................................... 1881
Requirements for review of and limitations on the Joint
Regional Security Stacks activity (sec. 1748).......... 1881
Implementation of information operations matters (sec.
1749).................................................. 1882
Report on use of encryption by Department of Defense
national security systems (sec. 1750).................. 1882
Guidance and direction on use of direct hiring processes
for artificial intelligence professionals and other
data science and software development personnel (sec.
1751).................................................. 1882
National Cyber Director (sec. 1752)...................... 1882
Legislative Provisions Not Adopted........................... 1883
Cyber threat information collaboration environment....... 1883
Critical infrastructure cyber incident reporting
procedures............................................. 1883
Funding for National Center for Hardware and Embedded
Systems Security and Trust............................. 1883
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES....................................................... 1883
Transfer and reorganization of defense acquisition
statutes (secs. 1801-1885)............................. 1883
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1884
Summary and explanation of funding tables................ 1884
Short title (sec. 2001).................................. 1885
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1885
Effective date (sec. 2003)............................... 1885
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1885
Summary.................................................. 1885
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1887
Family housing (sec. 2102)............................... 1887
Authorization of appropriations, Army (sec. 2103)........ 1887
Limitation on military construction project at Kwajalein
Atoll (sec. 2104)...................................... 1887
Modification of authority to carry out fiscal year 2017
project at Camp Walker, Korea (sec. 2105).............. 1887
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1887
Summary.................................................. 1887
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1888
Family housing and improvements to military family
housing units (sec. 2202).............................. 1888
Authorization of appropriations, Navy (sec. 2203)........ 1889
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1889
Summary.................................................. 1889
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1890
Family housing and improvements to military family
housing units (sec. 2302).............................. 1890
Authorization of appropriations, Air Force (sec. 2303)... 1890
Modification of authority to carry out certain fiscal
year 2018 project (sec. 2304).......................... 1891
Modification of authority to carry out certain fiscal
year 2019 projects (sec. 2305)......................... 1891
Modification of authority to carry out certain fiscal
year 2020 projects (sec. 2306)......................... 1891
Technical corrections related to authority to carry out
certain fiscal year 2020 family housing projects (sec.
2307).................................................. 1891
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1891
Summary.................................................. 1891
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1892
Authorized Energy Resilience and Conservation Investment
Program projects (sec. 2402)........................... 1893
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1893
Independent study on Western Emergency Refined Fuel
Reserves (sec. 2404)................................... 1893
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1893
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1893
Summary.................................................. 1893
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1893
Authorization of appropriations, NATO (sec. 2502)........ 1894
Execution of projects under the North Atlantic Treaty
Organization Security Investment Program (sec. 2503)... 1894
Subtitle B--Host Country In-Kind Contributions............... 1894
Republic of Korea funded construction projects (sec.
2511).................................................. 1894
Qatar funded construction projects (sec. 2512)........... 1894
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1894
Summary.................................................. 1894
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1895
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1895
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1895
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1896
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1896
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1896
Modification of authority to carry out fiscal year 2020
project in Alabama (sec. 2607)......................... 1896
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1896
Summary.................................................. 1896
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account (sec. 2701)....................... 1897
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1897
Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon (sec. 2703).. 1897
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS........... 1897
Subtitle A--Military Construction Program Changes............ 1897
Modification and clarification of construction authority
in the event of a declaration of war or national
emergency (sec. 2801).................................. 1897
Extension of sunset for annual locality adjustment of
dollar thresholds applicable to unspecified minor
military construction authorities (sec. 2802).......... 1897
Modification of reporting requirements regarding certain
military construction projects and military family
housing projects, contracts, and agreements (sec. 2803) 1898
Consideration of energy security and energy resilience in
life-cycle cost for military construction (sec. 2804).. 1898
Congressional project authorization required for military
construction projects for energy resilience, energy
security, and energy conservation (sec. 2805).......... 1898
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)............................................ 1898
Responsibility of Navy for military construction
requirements for certain Fleet Readiness Centers (sec.
2807).................................................. 1898
Subtitle B--Military Family Housing Reforms.................. 1899
Modifications and technical corrections related to
military housing privatization reform (sec. 2811)...... 1899
Repeal of authority to lease substandard family housing
units to members of the uniformed services (sec. 2812). 1899
Expenditure priorities in using Department of Defense
Family Housing Improvement Fund (sec. 2813)............ 1899
Availability of information regarding assessment of
performance metrics for contracts for provision or
management of privatized military housing (sec. 2814).. 1899
Requirement that Secretary of Defense implement
recommendations relating to military family housing
contained in report by Inspector General of Department
of Defense (sec. 2815)................................. 1899
Promulgation of guidance to facilitate return of military
families displaced from privatized military housing
(sec. 2816)............................................ 1900
Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold (sec.
2817).................................................. 1900
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)............................................ 1900
Subtitle C--Real Property and Facilities Administration...... 1900
Acceptance of property by military service academies,
professional military education schools, and military
museums subject to naming-rights condition (sec. 2821). 1900
Codification of reporting requirements regarding United
States overseas military enduring locations and
contingency locations (sec. 2822)...................... 1901
Promotion of energy resilience and energy security in
privatized utility systems (sec. 2823)................. 1901
Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-
term contracts for utility services (sec. 2824)........ 1901
Use of on-site energy production to promote military
installation energy resilience and energy security
(sec. 2825)............................................ 1902
Improved electrical metering of Department of Defense
infrastructure supporting critical missions (sec. 2826) 1902
Improving water management and security on military
installations (sec. 2827).............................. 1902
Prohibition relating to closure or return to host nation
of existing military installations, infrastructure, or
real property in Europe (sec. 2828).................... 1902
Subtitle D--Land Conveyances................................. 1902
Land conveyance, Camp Navajo, Arizona (sec. 2831)........ 1902
Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale, California (sec.
2832).................................................. 1903
Land conveyance, Sharpe Army Depot, Lathrop, California
(sec. 2833)............................................ 1903
Land exchange, San Bernardino County, California (sec.
2834).................................................. 1903
Land conveyance, Over-the-Horizon Backscatter Radar
System receiving station, Modoc County, California
(sec. 2835)............................................ 1903
Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel (sec. 2836)...... 1903
Lease extension, Bryan Multi-Sports Complex, Wayne
County, North Carolina (sec. 2837)..................... 1903
Land conveyances, Milan Army Ammunition Plant, Tennessee
(sec. 2838)............................................ 1904
Subtitle E--Military Land Withdrawals........................ 1904
Renewal of land withdrawal and reservation to benefit
Naval Air Facility, El Centro, California (sec. 2841).. 1904
Renewal of Fallon Range Training Complex land withdrawal
and reservation (sec. 2842)............................ 1904
Renewal of Nevada Test and Training Range land withdrawal
and reservation (sec. 2843)............................ 1904
Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public
land laws (sec. 2844).................................. 1905
Subtitle F--Asia-Pacific and Indo-Pacific Issues............. 1905
Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General for Guam
Realignment (sec. 2851)................................ 1905
Additional exception to restriction on development of
public infrastructure in connection with realignment of
Marine Corps forces in Asia-Pacific region (sec. 2852). 1905
Development of master plan for infrastructure to support
rotational Armed Forces in Australia (sec. 2853)....... 1905
Bulk fuel management in United States Indo-Pacific
Command Area of Responsibility (sec. 2854)............. 1906
Subtitle G--Authorized Pilot Programs........................ 1906
Pilot program to authorize use of cost savings realized
from intergovernmental services agreements for
installation-support services (sec. 2861).............. 1906
Department of Defense pilot program to evaluate expansion
of land exchange authority (sec. 2862)................. 1906
Pilot program to support combatant command military
construction priorities (sec. 2863).................... 1907
Department of Defense pilot program to evaluate expansion
of land exchange authority (sec. 2862)................. 1907
Pilot program to support combatant command military
construction priorities (sec. 2863).................... 1907
Pilot program to test use of emergency diesel generators
in a microgrid configuration at certain military
installations (sec. 2864).............................. 1907
Pilot program to authorize additional military
construction projects for child development centers at
military installations (sec. 2865)..................... 1907
Department of the Army pilot program for development and
use of online real estate inventory tool (sec. 2866)... 1907
Subtitle H--Miscellaneous Studies and Reports................ 1907
Reports regarding decision-making process used to locate
or relocate major headquarters and certain military
units and weapon systems (sec. 2871)................... 1907
Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures (sec. 2872) 1908
Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States
air base resiliency in Europe (sec. 2873).............. 1908
Subtitle I--Other Matters.................................... 1908
Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent
(sec. 2881)............................................ 1908
Defense Community Infrastructure Program (sec. 2882)..... 1909
Consideration of certain military family readiness issues
in making basing decisions associated with certain
military units and major headquarters (sec. 2883)...... 1909
Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets (sec. 2884). 1910
Legislative Provisions Not Adopted........................... 1910
Biannual report regarding military installations
supported by disaster relief appropriations............ 1910
Establishment of Exceptional Family Member Program
housing liaison........................................ 1911
Department of Defense report on criteria and metrics used
to evaluate performance of landlords of privatized
military housing that receive incentive fees........... 1911
Report on Department of Defense efforts regarding
oversight and role in management of privatized military
housing................................................ 1912
Improved Department of Defense and landlord response to
identification and remediation of severe environmental
health hazards in military housing..................... 1912
Additional requirements regarding Nevada Test and
Training Range......................................... 1912
Specified duration of White Sands Missile Range land
withdrawal and reservation and establishment of special
reservation area for northern and western extension
areas.................................................. 1912
Grand Canyon Centennial Protection Act................... 1913
Department of Defense report on easements and leased
lands in Hawai'i....................................... 1913
Pilot program on reduction of effects of military
aviation noise on certain covered property............. 1913
Equal treatment of insured depository institutions and
credit unions operating on military installations...... 1914
Thad Cochran Headquarters building....................... 1914
Sense of Congress on relocation of Joint Spectrum Center. 1914
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 1914
Summary.................................................. 1914
Authorized Navy construction and land acquisition
projects (sec. 2901)................................... 1915
Authorized Air Force construction and land acquisition
projects (sec. 2902)................................... 1915
Authorization of appropriations (sec. 2903).............. 1915
Legislative Provisions Not Adopted........................... 1915
Replenishment of certain military constructions funds.... 1915
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1916
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1916
Subtitle A--National Security Programs and Authorizations.... 1916
National Nuclear Security Administration (sec. 3101)..... 1916
Defense environmental cleanup (sec. 3102)................ 1916
Other defense activities (sec. 3103)..................... 1916
Nuclear energy (sec. 3104)............................... 1916
Subtitle B--Nuclear Weapons Stockpile Matters................ 1916
W93 nuclear warhead acquisition processes (sec. 3111).... 1916
Earned value management and technology readiness levels
for life extension programs (sec. 3112)................ 1917
Monitoring of industrial base for nuclear weapons
components, subsystems, and materials (sec. 3113)...... 1918
Plutonium pit production (sec. 3114)..................... 1918
Subtitle C--Defense Environmental Cleanup Matters............ 1919
Public statement of environmental liabilities for
facilities undergoing defense environmental cleanup
(sec. 3121)............................................ 1919
Inclusion of missed milestones in future-years defense
environmental cleanup plan (sec. 3122)................. 1919
Classification of defense environmental cleanup as
capital asset projects or operations activities (sec.
3123).................................................. 1919
Extension of limitation relating to reclassification of
high-level waste (sec. 3124)........................... 1919
Continued analysis of approaches for supplemental
treatment of low-activity waste at Hanford Nuclear
Reservation (sec. 3125)................................ 1919
Subtitle D--Safeguards and Security Matters.................. 1920
Reporting on penetrations of networks of contractors and
subcontractors (sec. 3131)............................. 1920
Subtitle E--Personnel Matters................................ 1920
Extension of authority for appointment of certain
scientific, engineering, and technical personnel (sec.
3141).................................................. 1920
Inclusion of certain employees and contractors of
Department of Energy in definition of public safety
officer for purposes of certain death benefits (sec.
3142).................................................. 1920
Reimbursement for liability insurance for nuclear
materials couriers (sec. 3143)......................... 1920
Transportation and moving expenses for immediate family
of deceased nuclear materials couriers (sec. 3144)..... 1920
Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program
(sec. 3145)............................................ 1921
Reports on diversity of certain contractor employees of
National Nuclear Security Administration (sec. 3146)... 1921
Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing (sec.
3147).................................................. 1921
Subtitle F--Budget and Financial Management Matters.......... 1922
Reports on financial balances for atomic energy defense
activities (sec. 3151)................................. 1922
Subtitle G--Administrative Matters........................... 1922
Modifications to enhanced procurement authority to manage
supply chain risk (sec. 3161).......................... 1922
Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed
research and development (sec. 3162)................... 1922
Subtitle H--Other Matters.................................... 1922
Independent study on potential environmental effects of
nuclear war (sec. 3171)................................ 1922
Review of future of computing beyond exascale at the
National Nuclear Security Administration (sec. 3172)... 1923
Sense of Congress on the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian
Federation (sec. 3173)................................. 1923
Legislative Provisions Not Adopted........................... 1924
Program for research and development of advanced naval
nuclear fuel system based on low-enriched uranium...... 1924
Findings, purpose, and apology relating to fallout
emitted during the Government's atmospheric nuclear
tests.................................................. 1924
Prohibition on use of funds for nuclear weapons test
explosions............................................. 1924
Clarification of responsibility for cybersecurity of
National Nuclear Security Administration facilities.... 1925
Authorization of appropriations for W93 nuclear warhead
program................................................ 1925
Integration of stockpile stewardship and nonproliferation
missions............................................... 1925
Technology development and integration program........... 1925
Advanced manufacturing development program............... 1925
National Nuclear Security Administration Personnel System 1925
Materials science program................................ 1926
Modifications to Inertial Confinement Fusion Ignition and
High Yield Program..................................... 1926
Use of high performance computing capabilities for COVID-
19 research............................................ 1927
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1927
Authorization (sec. 3201)................................ 1927
Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board (sec. 3202).................... 1927
Legislative Provisions Not Adopted........................... 1927
Improvements to operations of Defense Nuclear Facilities
Safety Board........................................... 1927
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1928
Authorization of appropriations (sec. 3401).............. 1928
TITLE XXXV--MARITIME MATTERS..................................... 1928
Subtitle A--Maritime Administration.......................... 1928
Authorization of the Maritime Administration (sec. 3501). 1928
Improvements to process for waiving navigation and
vessel-inspection laws and approving foreign vessel
charters for passenger vessels (sec. 3502)............. 1928
Superintendent of the United States Merchant Marine
Academy (sec. 3503).................................... 1929
Assistance for inland and small coastal ports and
terminals (sec. 3504).................................. 1929
Maritime transportation system emergency relief program
(sec. 3505)............................................ 1929
Sea year cadets on cable security fleet and tanker
security fleet vessels (sec. 3506)..................... 1929
Centers of excellence for domestic maritime workforce
training and education: technical amendments (sec.
3507).................................................. 1929
Merchant mariner training and education (sec. 3508)...... 1930
Publication of information about students and recent
graduates of Maritime Academies (sec. 3509)............ 1930
Mariner licensing and credentialing for M/V LISERON (sec.
3510).................................................. 1930
Subtitle B--Tanker Security Fleet............................ 1930
Tanker Security Fleet (sec. 3511)........................ 1930
Subtitle C--Other Matters.................................... 1931
Maritime security and domain awareness (sec. 3521)....... 1931
Sense of Congress regarding role of domestic maritime
industry in national security (sec. 3522).............. 1931
Legislative Provisions Not Adopted........................... 1931
Nonapplicability of requirement relating to minimum
number of operating days for vessels operating under
MSP Operating Agreements............................... 1931
National Shipper Advisory Committee...................... 1931
National Shipper Advisory Committee...................... 1931
DIVISION D--FUNDING TABLES....................................... 1932
Authorization of amounts in funding tables (sec. 4001)... 1932
Summary of National Defense Authorizations for Fiscal
Year 2021.............................................. 1932
National Defense Budget Authority Implication............ 1938
TITLE XLI--PROCUREMENT........................................... 1940
Procurement (sec. 4101).................................. 1940
Procurement for overseas contingency operations (sec.
4102).................................................. 1982
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1991
Research, development, test, and evaluation (sec. 4201).. 1991
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 2049
TITLE XLIII--OPERATION AND MAINTENANCE........................... 2052
Operation and maintenance (sec. 4301).................... 2052
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 2080
TITLE XLIV--MILITARY PERSONNEL................................... 2093
Military personnel (sec. 4401)........................... 2093
Military personnel for overseas contingency operations
(sec. 4402)............................................ 2094
TITLE XLV--OTHER AUTHORIZATIONS.................................. 2095
Other authorizations (sec. 4501)......................... 2095
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 2099
TITLE XLVI--MILITARY CONSTRUCTION................................ 2100
Military construction (sec. 4601)........................ 2100
Military construction for overseas contingency operations
(sec. 4602)............................................ 2124
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 2125
Department of Energy national security programs (sec.
4701).................................................. 2125
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF
2020........................................................... 2136
National Artificial Intelligence Initiative Act of 2020
(secs. 5001-5501)...................................... 2136
DIVISION F--ANTI-MONEY LAUNDERING................................ 2136
Anti-Money Laundering Act of 2020 (secs. 6001-6511)...... 2136
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF
2020........................................................... 2140
Elijah E. Cummings Coast Guard Authorization Act of 2020
(sec. 8001-8605)....................................... 2140
DIVISION H--OTHER MATTERS........................................ 2140
TITLE XC--HOMELAND SECURITY MATTERS.............................. 2140
Department of Homeland Security CISA Director (sec. 9001) 2140
Sector risk management agencies (sec. 9002).............. 2141
Review and analysis of inland waters seaport security
(sec. 9003)............................................ 2141
Department of Homeland Security reports on digital
content forgery technology (sec. 9004)................. 2141
GAO study of cybersecurity insurance (sec. 9005)......... 2142
Strategy to secure email (sec. 9006)..................... 2142
Department of Homeland Security large-scale non-intrusive
inspection scanning plan (sec. 9007)................... 2142
TITLE XCI--VETERANS AFFAIRS MATTERS.............................. 2142
Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing
treatment via telemedicine (sec. 9101)................. 2142
Additional care for newborn children of veterans (sec.
9102).................................................. 2143
Expansion of eligibility for HUD-VASH (sec. 9103)........ 2143
Study on unemployment rate of women veterans who served
on active duty in the Armed Forces after September 11,
2001 (sec. 9104)....................................... 2143
Access of veterans to Individual Longitudinal Exposure
Record (sec. 9105)..................................... 2143
Department of Veterans Affairs report on undisbursed
funds (sec. 9106)...................................... 2143
Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration (sec. 9107)............................. 2144
Comptroller General report on Department of Veterans
Affairs handling of disability compensation claims by
certain veterans (sec. 9108)........................... 2144
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)........................ 2144
TITLE XCII--COMMUNICATIONS MATTERS............................... 2144
Reliable emergency alert distribution improvement (sec.
9201).................................................. 2144
Wireless supply chain innovation and multilateral
security (sec. 9202)................................... 2145
Spectrum information technology modernization efforts
(sec. 9203)............................................ 2145
Internet of Things (sec. 9204)........................... 2145
TITLE XCIII--INTELLIGENCE MATTERS................................ 2146
Requirement for facilitation of establishment of social
media data and threat analysis center (sec. 9301)...... 2146
Independent study on identifying and addressing threats
that individually or collectively affect national
security, financial security, or both (sec. 9302)...... 2146
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS............... 2146
Subtitle A--Cybersecurity Matters............................ 2146
Improving national initiative for cybersecurity education
(sec. 9401)............................................ 2146
Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies (sec. 9402) 2147
Modifications to Federal cyber scholarship-for-service
program (sec. 9403).................................... 2147
Additional modifications to Federal cyber scholarship-
for-service program (sec. 9404)........................ 2147
Cybersecurity in programs of the National Science
Foundation (sec. 9405)................................. 2147
Cybersecurity in STEM programs of the National
Aeronautics and Space Administration (sec. 9406)....... 2147
National cybersecurity challenges (sec. 9407)............ 2148
Subtitle B--Other Matters.................................... 2148
Established Program to Stimulate Competitive Research
(sec. 9411)............................................ 2148
Industries of the future (sec. 9412)..................... 2148
National Institute of Standards and Technology
Manufacturing Extension Partnership program supply
chain database (sec. 9413)............................. 2148
Study on Chinese policies and influence in the
development of international standards for emerging
technologies (sec. 9414)............................... 2149
Coordination with Hollings Manufacturing Extension
Partnership Centers (sec. 9415)........................ 2149
TITLE XCV--NATURAL RESOURCES MATTERS............................. 2149
Transfer of funds for Oklahoma City national memorial
endowment fund (sec. 9501)............................. 2149
Workforce issues for military realignments in the Pacific
(sec. 9502)............................................ 2150
Affirmation of authority for non-oil and gas operations
on the outer Continental Shelf (sec. 9503)............. 2150
TITLE XCVI--OVERSIGHT AND REFORM MATTERS......................... 2150
Inventory of program activities of Federal agencies (sec.
9601).................................................. 2150
Preservation of electronic messages and other records
(sec. 9602)............................................ 2150
Continuity of the economy plan (sec. 9603)............... 2151
TITLE XCVII--FINANCIAL SERVICES MATTERS.......................... 2151
Subtitle A--Kleptocracy Asset Recovery Rewards Act........... 2151
Kleptocracy Asset Recovery Rewards Act (sec. 9701-9703).. 2151
Subtitle B--Combating Russian Money Laundering............... 2151
Combating Russian Money Laundering (secs. 9711-9714)..... 2151
Subtitle C--Other Matters.................................... 2152
Certified notice at completion of an assessment (sec.
9721).................................................. 2152
Ensuring Chinese debt transparency (sec. 9722)........... 2152
Accountability for World Bank Loans to China (sec. 9723). 2152
Fairness for Taiwan nationals regarding employment at
international financial institutions (sec. 9724)....... 2152
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS
FOR AMERICA.................................................... 2153
Creating helpful incentives to produce semiconductors for
America (secs. 9901-9908).............................. 2153
TITLE C--OTHER MATTERS........................................... 2153
AMBER Alert nationwide (sec. 10001)...................... 2153
Improving authority for operation of unmanned aircraft
for educational purposes (sec. 10002).................. 2153
Prohibition on provision of airport improvement grant
funds to certain entities that have violated
intellectual property rights of United States entities
(sec. 10003)........................................... 2154
Study and report on the affordability of insulin (sec.
10004)................................................. 2154
Waiver authority with respect to institutions located in
an area affected by Hurricane Maria (sec. 10005)....... 2154
Farm and ranch mental health (sec. 10006)................ 2154
Legislative Provisions Not Adopted........................... 2155
Requirement to post a 100 word summary to regulations.gov 2155
Prohibition on downloading or using TikTok by Federal
employees.............................................. 2155
Hong Kong Autonomy Act................................... 2155
GAO study on the school-to-prison pipeline............... 2156
Report regarding veterans who receive benefits under laws
administered by the Secretary of Veterans Affairs...... 2156
Report on Government police training and equipping
programs............................................... 2156
Government Accountability Office report on Zhongxing
Telecommunications Equipment Corporation compliance
with settlement........................................ 2156
Review and Report of experimentation with ticks and
insects................................................ 2156
Presidential Records..................................... 2157
Short title.............................................. 2157
Findings................................................. 2157
Prohibition of public display of Confederate battle flag
on Department of Defense property...................... 2157
Nonimmigrant status for certain nationals of Portugal.... 2158
Developing crisis capabilities to meet needs for homeland
security-critical supplies............................. 2158
Foreign state computer intrusions........................ 2158
Online and distance education classes and nonimmigrant
visas.................................................. 2159
Establishment of Southern New England Regional Commission 2159
FedRAMP Authorization Act................................ 2159
Building United States capacity for verification and
manufacturing of advanced microelectronics............. 2159
Threshold for reporting additions to toxics release
inventory.............................................. 2159
Temporary relief for private student loan borrowers...... 2160
Report on threat posed by domestic terrorists............ 2160
Department of Defense mechanism for provision of
dissenting views....................................... 2161
Policy on conscious and unconscious gender bias.......... 2161
Credit monitoring........................................ 2161
Study on viability of seawater mining for critical
minerals............................................... 2161
Disclosure requirement................................... 2162
Establishment of Office of Cyber Engagement of the
Department of Veterans Affairs......................... 2162
Department of Homeland Security acquisition documentation 2162
COVID-19 emergency medical supplies enhancement.......... 2162
Payments for private education loan borrowers, as a
result of COVID-19..................................... 2163
Biliteracy Education Seal and Teaching Act............... 2163
Providing information to States regarding undelivered
savings bonds.......................................... 2163
Advanced nuclear reactor research and development goals.. 2163
Nuclear energy strategic plan............................ 2163
Versatile, reactor-based fast neutron source............. 2163
Advanced nuclear fuel security program................... 2163
University Nuclear Leadership Program.................... 2164
Adjusting strategic petroleum reserve mandated drawdowns. 2164
Intelligence Authorization Act for Fiscal Year 2021...... 2164
Department of State Authorities and Activities........... 2164
Improving Corporate Governance Through Diversity......... 2164
Colorado Outdoor Recreation and Economy Act.............. 2164
Public Lands............................................. 2164
APPENDIX
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-617
======================================================================
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2021
_______
December 3, 2020.--Ordered to be printed
_______
Mr. Smith of Washington, from the Committee on Conference, submitted
the following
CONFERENCE REPORT
[To accompany H.R. 6395]
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.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of requirements relating to certain cooperative
research and development agreements.
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum
levels.
Sec. 403. Modification of the authorized number and accounting method
for senior enlisted personnel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths
for non-temporary military technicians (dual status) and end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19 emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of the
Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records and
databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military justice
system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. Clarification of termination of leases of premises and motor
vehicles of servicemembers who incur catastrophic injury or
illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of
Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in special and incentive pays for officers in health
professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of expansion of authority to provide
financial assistance to civilian providers of child care
services or youth program services for survivors of members of
the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of members
of the Armed Forces who die while on active duty or certain
reserve duty.
Subtitle D--Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the
defense resale system.
Subtitle E--Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the
reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program.
Subtitle B--Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national technology
and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the
Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements.
Sec. 717. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or
realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Subtitle C--Matters Relating to COVID-19
Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with
COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and toxic
airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-19
pandemic.
Subtitle D--Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized
military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among
military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations outside the
contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain
military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across
Armed Forces.
Sec. 757. Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of
Defense.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and
related outpatient services from Department of Veterans
Affairs to include members of reserve components of the Armed
Forces.
Sec. 763. Provision of mental health services from Department of
Veterans Affairs to members of reserve components of the Armed
Forces.
Sec. 764. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle
sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier
acquisition program.
Sec. 806. Definition of material weakness for contractor business
systems.
Sec. 807. Space system acquisition and the adaptive acquisition
framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 809. Assessments of the process for developing capability
requirements for Department of Defense acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition
functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition
programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of
Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing
requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military
construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for
employing or subcontracting with members of the Selected
Reserve.
Subtitle C--Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of
initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and
acquisition.
Sec. 836. Digital modernization of analytical and decision-support
processes for managing and overseeing Department of Defense
acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information.
Sec. 838. Comptroller General report on implementation of software
acquisition reforms.
Sec. 839. Comptroller General report on intellectual property
acquisition and licensing.
Subtitle D--Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly
national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and inclusion
of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal
products.
Sec. 845. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to
eliminating the gaps and vulnerabilities in the national
technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department
of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial base
and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E--Small Business Matters
Sec. 861. Initiatives to support small businesses in the national
technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to the
Small Business Administration.
Sec. 863. Employment size standard requirements for small business
concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged
Business Utilization.
Sec. 871. Category management training.
Subtitle F--Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste, fraud, or
abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency
contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for
foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation
base.
Sec. 890. Identification of certain contracts relating to construction
or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Repeal of position of Chief Management Officer of the
Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and
Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the
Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media Activity.
Subtitle C--Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States
Code.
Sec. 925. Amendments to provisions of law relating to pay and
allowances.
Sec. 926. Amendments to provisions of law relating to veterans'
benefits.
Sec. 927. Amendments to other provisions of the United States Code and
other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on the
financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities.
Subtitle B--Counterdrug Activities
Sec. 1011. Quarterly reports on Department of Defense support provided
to other United States agencies for counterdrug activities and
activities to counter transnational organized crime.
Subtitle C--Naval Vessels
Sec. 1021. Limitation on availability of certain funds without naval
vessels plan and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund
for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally
funded contracts to provide full funding for Columbia class
submarines.
Sec. 1024. Preference for United States vessels in transporting supplies
by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in
foreign shipyards.
Sec. 1026. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding
industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment.
Sec. 1053. Sale or donation of excess Department of Defense personal
property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1056. Modification and technical correction to Department of
Defense authority to provide assistance along the southern
land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-risk
vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative
proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific
in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel,
active duty members of the Armed Forces, and National Guard
personnel in support of Federal authorities to respond to
civil disturbances.
Subtitle F--Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific
region.
Sec. 1074. Reports on threats to United States forces from small
unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control
effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor in
commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations.
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens
absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of
National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1091. Personal protective equipment matters.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal Government personnel
under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual
leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of
the Navy employees performing work aboard or dockside in
support of the nuclear-powered aircraft carrier forward
deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded and
injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of
Defense personnel to include installation military housing
office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of
executive qualifications by qualification certification review
board of office of personnel management for initial
appointments to senior executive service positions in
department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity
Commission.
Sec. 1137. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of
surface transportation services.
Sec. 1203. Participation in programs relating to coordination or
exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Modification and extension of support of special operations
for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense
Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization
activities in national security interest of the United States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military
education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of
2017.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation
activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1215. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process
of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in
Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in
Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open
Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving
the Russian Federation.
Sec. 1235. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1236. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign
election interference.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline projects.
Sec. 1243. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1245. Limitation on United States force structure reductions in
Germany.
Sec. 1246. Report on United States military force posture in
Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure
the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong Kong
Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense
relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the
stationing of the Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan
Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense
technological and industrial bases of China and other foreign
adversaries.
Sec. 1260D. Extension of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of
China along the border with India and its growing territorial
claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in
the United States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights,
and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and
intelligence services.
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.
Subtitle I--Global Child Thrive Act of 2020
Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1285. Rule of construction.
Subtitle J--Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number
of United States Armed Forces deployed to United States Africa
Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United
States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in
Yemen.
Sec. 1296. Report on United States military support of the Saudi-led
coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Subtitle K--Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and the
United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition Advisory
Group.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting organization.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health Care
Center, Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency
for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1605. Clarification of authority for procurement of commercial
satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security
capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information
facilities.
Subtitle C--Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to such
updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain
foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department
of Defense.
Sec. 1642. Extension of prohibition relating to missile defense
information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs
to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered
homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1650. Report on defense of Guam from integrated air and missile
threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
Sec. 1661. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission
Order 20-48.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of
cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for
sensitive military cyber operations.
Sec. 1703. Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of
operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to
agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture
review.
Sec. 1707. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic
Cybersecurity Program and the evaluation of cyber
vulnerabilities of major weapon systems of the Department of
Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint
cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to
National Guards of other States of cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and
exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National
Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department
of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense networks.
Sec. 1735. Integration of Department of Defense user activity monitoring
and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1737. Assessment on defense industrial base participation in a
threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat
hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource
allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1748. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national
security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data science
and software development personnel.
Sec. 1752. National Cyber Director.
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Subtitle A--Definitions
Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.
Subtitle B--Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.
Subtitle C--Contracting Methods and Contract Types
Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.
Subtitle D--General Contracting Provisions
Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.
Subtitle E--Research and Engineering
Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs
generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.
Subtitle G--Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H--Contract Management
Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Subtitle I--Defense Industrial Base
Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use
technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement
program.
Sec. 1873. Loan guarantee programs.
Subtitle J--Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who
are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy
procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Limitation on military construction project at Kwajalein
Atoll.
Sec. 2105. Modification of authority to carry out fiscal year 2017
project at Camp Walker, Korea.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing
units.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing and improvements to military family housing
units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year
2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year
2020 projects.
Sec. 2307. Technical corrections related to authority to carry out
certain fiscal year 2020 family housing projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020
project in Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification and clarification of construction authority in
the event of a declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Modification of reporting requirements regarding certain
military construction projects and military family housing
projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
Sec. 2805. Congressional project authorization required for military
construction projects for energy resilience, energy security,
and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects in
certain areas outside the United States.
Sec. 2807. Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military
housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units
to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of
performance metrics for contracts for provision or management
of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement
recommendations relating to military family housing contained
in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military
families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold.
Sec. 2818. Expansion of uniform code of basic standards for privatized
military housing and hazard and habitability inspection and
assessment requirements to Government-owned and Government-
controlled military family housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies,
professional military education schools, and military museums
subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United
States overseas military enduring locations and contingency
locations.
Sec. 2823. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military
installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense
infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military
installations.
Sec. 2828. Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System
receiving station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel.
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee.
Subtitle E--Military Land Withdrawals
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval
Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and
reservation.
Sec. 2844. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public land
laws.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
Sec. 2851. Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General for Guam Realignment.
Sec. 2852. Additional exception to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support
rotational Armed Forces in Australia.
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-support
services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of
land exchange authority.
Sec. 2863. Pilot program to support combatant command military
construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction
projects for child development centers at military
installations.
Sec. 2866. Department of the Army pilot program for development and use
of online real estate inventory tool.
Subtitle H--Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units and
weapon systems.
Sec. 2872. Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States air
base resiliency in Europe.
Subtitle I--Other Matters
Sec. 2881. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in
making basing decisions associated with certain military units
and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for
life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C--Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation.
Subtitle D--Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Subtitle E--Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for purposes
of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3144. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle F--Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense
activities.
Subtitle G--Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed research
and development.
Subtitle H--Other Matters
Sec. 3171. Independent study on potential environmental effects of
nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National
Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce
training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent
graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime
industry in national security.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on
workforce.
Sec. 5106. National AI Research Resource Task Force.
TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial
intelligence center.
TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research
program.
DIVISION F--ANTI-MONEY LAUNDERING
Sec. 6001. Short title.
Sec. 6002. Purposes.
Sec. 6003. Definitions.
TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY
LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the
financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring
authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law
enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and
assessment of Bank Secrecy Act application to dealers in arts.
Sec. 6111. Increasing technical assistance for international
cooperation.
Sec. 6112. International coordination.
TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.
Sec. 6202. Additional considerations for suspicious activity reporting
requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports
and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports
thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious
activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private
partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security
Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and
countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States
correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution
agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in
monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 8001. Short title.
Sec. 8002. Definition of Commandant.
TITLE LVXXXI--AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.
Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
TITLE LVXXXII--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board
consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical
skills.
Sec. 8206. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and
grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 8231. Report on child care and school-age care assistance for
qualified families.
Sec. 8232. Review of family support services website and online tracking
system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Subtitle D--Reports
Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.
Sec. 8253. Physical access control system report.
Sec. 8254. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk liquefied gases as cargo
and liquefied natural gas tank vessels.
Sec. 8255. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 8260. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 8281. Strategy on leadership of Coast Guard.
Sec. 8282. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 8283. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 8284. Southern resident orca conservation and enforcement.
Sec. 8285. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
Sec. 8286. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 8287. Insider Threat Program.
TITLE LVXXXIII--MARITIME
Subtitle A--Navigation
Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.
Subtitle B--Shipping
Sec. 8311. Passenger vessel security and safety requirements;
application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.
Subtitle C--Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.
Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan
Region from Global Maritime Distress and Safety System
requirements of Federal Communications Commission.
Subtitle D--Ports
Sec. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.
TITLE LVXXXIV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the
United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.
Subtitle B--Maritime Domain Awareness
Sec. 8411. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.
TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.
TITLE LVXXXVI--FEDERAL MARITIME COMMISSION
Sec. 8601. Short title.
Sec. 8602. Authorization of appropriations.
Sec. 8603. Unfinished proceedings.
Sec. 8604. National Shipper Advisory Committee.
Sec. 8605. Transfer of Federal Maritime Commission provisions.
DIVISION H--OTHER MATTERS
TITLE XC--HOMELAND SECURITY MATTERS
Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.
Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content
forgery technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive
inspection scanning plan.
TITLE XCI--VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing treatment
via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans.
Sec. 9109. Additional diseases associated with exposure to certain
herbicide agents for which there is a presumption of service
connection for veterans who served in the Republic of Vietnam.
TITLE XCII--COMMUNICATIONS MATTERS
Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.
TITLE XCIII--INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media
data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS
Subtitle A--Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service
program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B--Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.
Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of
international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension
Partnership Centers.
TITLE XCV--NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial
endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf.
TITLE XCVI--OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
TITLE XCVII--FINANCIAL SERVICES MATTERS
Subtitle A--Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards
Pilot Program.
Subtitle B--Combating Russian Money Laundering
Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering
concern of Russian illicit finance.
Subtitle C--Other Matters
Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at
international financial institutions.
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR
AMERICA
Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics
technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.
TITLE C--OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for
educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual property
rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile
defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of
cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added
by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority.
Subtitle D--Air Force Programs
Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber
aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4
aircraft.
Sec. 140. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European
theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance
aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration
Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission
areas.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force.
Sec. 152. Transfer of responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal
Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for
F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide
activities, as specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE MISSILE
DEFENSE CAPABILITY.
(a) Plan.--Not later than January 15, 2021, the Secretary
of the Army shall submit to the congressional defense
committees the plan, including a timeline, to operationally
deploy or forward station the interim cruise missile defense
capability procured pursuant to section 112 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1660) in an operational theater
or theaters.
(b) Modification of Waiver.--Paragraph (4) of section
112(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (132 Stat. 1661) is amended to read as
follows:
``(4) Waiver.--The Secretary of the Army may waive
the deadlines specified in paragraph (1):
``(A) For the deadline specified in
paragraph (1)(A), if the Secretary determines
that sufficient funds have not been
appropriated to enable the Secretary to meet
such deadline.
``(B) For the deadline specified in
paragraph (1)(B), if the Secretary submits to
the congressional defense committees a
certification that--
``(i) allocating resources toward
procurement of an integrated enduring
capability would provide robust tiered
and layered protection to the joint
force; or
``(ii) additional time is required
to complete testing, training, and
preparation for operational
capability.''.
SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED VISUAL
AUGMENTATION SYSTEM.
(a) Report Required.--
(1) In general.--Not later than August 15, 2021,
but after completion of operational testing of the
Integrated Visual Augmentation System (IVAS), the
Secretary of the Army shall submit to the congressional
defense committees a report on the Integrated Visual
Augmentation System.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) The acquisition strategy for the
Integrated Visual Augmentation System,
including an estimate of the average production
unit cost, a schedule for full-rate production,
and an identification of any hardware and
software changes in the System as a result of
operational testing.
(B) A description of the technology levels
required for full-rate production of the
System.
(C) A description of operational
suitability and soldier acceptability for the
production-representative model System.
(b) Assessment Required.--Not later than 30 days after the
submittal of the report required by subsection (a), the
Director of Operational Test and Evaluation shall submit to the
congressional defense committees an assessment of the matters
described pursuant to subparagraphs (B) and (C) of subsection
(a)(2).
(c) Limitation on Use of Funds.--Of the funds authorized to
be appropriated by this Act or otherwise made available for
fiscal year 2021 for procurement of the Integrated Visual
Augmentation System, not more than 75 percent may be obligated
or expended until the date on which the Secretary submits to
the congressional defense committees the report required by
subsection (a).
SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR PROCUREMENT OF
CANNON TUBES.
(a) Assessment Required.--The Secretary of the Army shall
conduct an assessment of the development, production,
procurement, and modernization of the defense industrial base
for cannon and large caliber weapon tubes.
(b) Submittal to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report setting
forth the assessment conducted under subsection (a).
Subtitle C--Navy Programs
SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX.
(a) Limitation.--
(1) In general.--The Secretary of the Navy may not
deviate from the large surface combatant requirements
included in the 2016 Navy Force Structure Assessment
until the date on which the Secretary submits to the
congressional defense committees the certification
under paragraph (2) and the report under subsection
(b).
(2) Certification.--The certification referred to
in paragraph (1) is a certification, in writing, that
the Navy can mitigate the reduction in multi-mission
large surface combatant requirements, including anti-
air and ballistic missile defense capabilities, due to
having a reduced number of DDG-51 Destroyers with the
advanced AN/SPY-6 radar in the next three decades.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that
includes--
(1) a description of likely detrimental impacts to
the large surface combatant industrial base, and a plan
to mitigate such impacts, if the fiscal year 2021
future-years defense program is implemented as
proposed;
(2) a review of the benefits to the Navy fleet of
the new AN/SPY-6 radar to be deployed aboard Flight III
variant DDG-51 Destroyers, which are currently under
construction, as well as an analysis of impacts to the
warfighting capabilities of the fleet should the number
of such destroyers be reduced; and
(3) a plan to fully implement section 131 of the
National Defense Authorization for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1237), including
subsystem prototyping efforts and funding by fiscal
year.
SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED SURFACE
VESSELS.
(a) Milestone B Approval Requirements.--Milestone B
approval may not be granted for a covered program unless such
program accomplishes prior to and incorporates into such
approval--
(1) qualification by the Senior Technical Authority
of--
(A) at least one representative main
propulsion system, including the fuel and lube
oil systems; and
(B) at least one representative electrical
generation and distribution system;
(2) final results of test programs of engineering
development models or prototypes showing that critical
systems designated pursuant to subparagraph (C) of
section 8669b(c)(2) of title 10, United States Code,
are demonstrated as required by subparagraph (I) of
that section; and
(3) a determination by the milestone decision
authority of the minimum number of vessels, discrete
test events, performance parameters to be tested, and
schedule required to complete initial operational test
and evaluation and demonstrate operational suitability
and operational effectiveness.
(b) Qualification Requires Operational Demonstration.--The
qualification required in subsection (a)(1) shall include a
land-based operational demonstration of the systems concerned
in the vessel-representative form, fit, and function for not
less than 720 continuous hours without preventative
maintenance, corrective maintenance, emergent repair, or any
other form of repair or maintenance.
(c) Use of Qualified Systems.--The Secretary of the Navy
shall require that covered programs use only main propulsion
systems and electrical generation and distribution systems that
are qualified under subsection (a)(1).
(d) Limitation on Contract Award or Funding.--
(1) In general.--The Secretary may not award a
detail design or construction contract, or obligate
funds from a procurement account, for a covered program
until such program receives Milestone B approval and
the milestone decision authority notifies the
congressional defense committees, in writing, of the
actions taken to comply with the requirements under
this section.
(2) Exception.--The limitation in paragraph (1)
does not apply to advanced procurement for government-
furnished equipment.
(e) Definitions.--In this section:
(1) Covered program.--The term ``covered program''
means a program for--
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) Milestone b approval.--The term ``Milestone B
approval'' has the meaning given the term in section
2366(e)(7) of title 10, United States Code.
(3) Milestone decision authority.--The term
``milestone decision authority'' means the official
within the Department of Defense designated with the
overall responsibility and authority for acquisition
decisions for an acquisition program, including
authority to approve entry of the program into the next
phase of the acquisition process.
(4) Senior technical authority.--The term ``Senior
Technical Authority'' has the meaning provided for in
section 8669b of title 10, United States Code.
SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.
(a) Submittal of Strategy Required.--Not later than March
1, 2021, the Secretary of the Navy shall submit to the
congressional defense committees a strategy for the Navy for
tactical fighter aircraft force structure acquisition that
aligns with the stated capability and capacity requirements of
the Department of the Navy to meet the National Defense
Strategy.
(b) Limitation on Deviation From Strategy.--The Secretary
of the Navy may not deviate from the strategy submitted under
subsection (a) until--
(1) the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, approves the
deviation, in writing; and
(2) the Secretary of Defense provides the
congressional defense committees the approval of the
deviation, together with a justification for the
deviation.
SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS SHIPBUILDING
PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--In fiscal year 2021,
the Secretary of the Navy may enter into one or more
contracts for the procurement of three San Antonio-
class amphibious ships and one America-class amphibious
ship.
(2) Procurement in conjunction with existing
contracts.--The ships authorized to be procured under
paragraph (1) may be procured as additions to existing
contracts covering such programs.
(b) Certification Required.--A contract may not be entered
into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in writing,
not later than 30 days before entry into the contract, each of
the following, which shall be prepared by the milestone
decision authority for such programs:
(1) The use of such a contract is consistent with
the projected force structure requirements of the
Department of the Navy for amphibious ships.
(2) The use of such a contract will result in
significant savings compared to the total anticipated
costs of carrying out the program through annual
contracts. In certifying cost savings under the
preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated end cost and appropriated
funds by fiscal year, by hull, without the
authority provided in subsection (a);
(B) the estimated end cost and appropriated
funds by fiscal year, by hull, with the
authority provided in subsection (a);
(C) the estimated cost savings or increase
by fiscal year, by hull, with the authority
provided in subsection (a);
(D) the discrete actions that will
accomplish such cost savings or avoidance; and
(E) the contractual actions that will
ensure the estimated cost savings are realized.
(3) There is a reasonable expectation that
throughout the contemplated contract period the
Secretary will request funding for the contract at the
level required to avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
contract authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the
national security of the United States.
(7) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program (as defined under section
221 of title 10, United States Code) for such fiscal
year will include the funding required to execute the
program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts for advance
procurement associated with a vessel or vessels for which
authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated with
such vessels in economic order quantities when cost savings are
achievable.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(e) Milestone Decision Authority Defined.--In this section.
the term ``milestone decision authority'' has the meaning given
the term in section 2366a(d) of title 10, United States Code.
SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM.
(a) Test Program for Engineering Plant Required.--Prior to
the delivery date of the lead ship in the FFG(X) Frigate class
of vessels, the Secretary of the Navy shall commence a land-
based test program for the engineering plant of such class of
vessels.
(b) Administration.--The test program required by
subsection (a) shall be administered by the Senior Technical
Authority for the FFG(X) Frigate class of vessels.
(c) Elements.--The test program required by subsection (a)
shall include, at a minimum, testing of the following equipment
in vessel-representative form:
(1) Main Reduction Gear.
(2) Electrical Propulsion Motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation system,
(7) Shipboard control systems.
(8) Power control modules,
(d) Test Objectives.--The test program required by
subsection (a) shall include, at a minimum, the following test
objectives demonstrated across the full range of engineering
plant operations for the FFG(X) Frigate class of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control
systems integration.
(3) Simulation of the full range of electrical
demands to enable the investigation of load dynamics
between the Hull, Mechanical and Electrical equipment,
Combat System, and auxiliary equipment.
(e) Completion Date.--The Secretary shall complete the test
program required by subsection (a) by not later than the date
on which the lead ship in the FFG(X) Frigate class of vessels
is scheduled to be available for tasking by operational
military commanders.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has
the meaning provided for in section 8671 of title 10,
United States Code.
(2) Senior technical authority.--The term ``Senior
Technical Authority'' has the meaning provided for in
section 8669b of title 10, United States Code.
SEC. 126. TREATMENT IN FUTURE BUDGETS OF THE PRESIDENT OF SYSTEMS ADDED
BY CONGRESS.
In the event the procurement quantity for a system
authorized by Congress in a National Defense Authorization Act
for a fiscal year, and for which funds for such procurement
quantity are appropriated by Congress in the Shipbuilding and
Conversion, Navy account for such fiscal year, exceeds the
procurement quantity specified in the budget of the President,
as submitted to Congress under section 1105 of title 31, United
States Code, for such fiscal year, such excess procurement
quantity shall not be specified as a new procurement quantity
in any budget of the President, as so submitted, for any fiscal
year after such fiscal year.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY
WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1665), as amended by section 126 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1235), is further amended by striking ``for fiscal year
2019 or fiscal year 2020'' and inserting ``for fiscal years
2019, 2020, or 2021''.
SEC. 128. REPORT ON STRATEGY TO USE ALQ-249 NEXT GENERATION JAMMER TO
ENSURE FULL SPECTRUM ELECTROMAGNETIC SUPERIORITY.
(a) Report.--Not later than July 30, 2021, the Secretary of
the Navy, in consultation with the Vice Chairman of the Joint
Chiefs, shall submit to the congressional defense committees a
report with a strategy to ensure full spectrum electromagnetic
superiority using the ALQ-249 Next Generation Jammer.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) A description of the current procurement
strategy for the ALQ-249, and the analysis of its
capability to meet the radio frequency (RF) ranges
required in highly contested and denied environment
conflicts.
(2) An assessment of the compatibility and ability
of the ALQ-249 to synchronize non-kinetic fires using
other Joint Electronic Warfare (EW) platforms.
(3) A future model of an interlinked/interdependent
electronic warfare menu of options for commanders at
tactical, operational, and strategic levels.
Subtitle D--Air Force Programs
SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL.
(a) Policy on Air Force Aviation Force Structure.--As soon
as practicable after the date of the enactment of this Act and
subject to the availability of appropriations, the Secretary of
the Air Force shall seek to achieve the capabilities provided
by a minimum of 386 available operational squadrons, or
equivalent organizational units. In addition, the Secretary
shall seek to achieve not fewer than 3,580 combat coded
aircraft within the Air Force.
(b) Exception to Policy.--If, based on the fielding of new
capabilities and formal force structure capability assessments
supporting the most recent National Defense Strategy, the
Secretary of the Air Force, in consultation with the Chief of
Staff of the Air Force and the Chairman of the Joint Chiefs of
Staff, makes a determination that a modification to the
quantity of operational squadrons or combat-coded aircraft in
subsection (a) is necessary, the Secretary shall submit a
report at the earliest opportunity to the congressional defense
committees describing the modifications of the revised force
structure and how the quantity of combat coded aircraft and
operational squadrons developed supports a moderate operational
risk force structure in support of the National Defense
Strategy.
(c) Expiration of Policy.--The policy in subsection (a)
shall expire on September 30, 2025.
(d) Moderate Operational Risk Defined.--In this section,
the term ``moderate operational risk'' shall be construed as
defined in the most recent publication of the Chairman of the
Joint Chiefs of Staff Manual 3105.01 titled ``Joint Risk
Analysis''.
SEC. 132. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR BOMBER
AIRCRAFT.
(a) Minimum Level for All Bomber Aircraft.--
(1) In general.--During the period beginning on the
date of the enactment of this Act and ending on October
1, 2025, the Secretary of the Air Force shall, except
as provided in paragraph (2), maintain not less than 92
bomber aircraft based on the Primary Mission Aircraft
Inventory (PMAI) of the Air Force.
(2) Exception.--The Secretary may reduce the number
of aircraft required by the Primary Mission Aircraft
Inventory below the number specified in paragraph (1)
if the Secretary determines, on a case-by-case basis,
that a bomber aircraft is no longer to be so required
because such aircraft is no longer mission capable due
to mishap or other damage, or being uneconomical to
repair.
(b) Repeal of Minimum B-1 Inventory Requirement.--Section
9062 of title 10, United States Code, is amended by striking
subsection (h).
(c) Preservation of Certain B-1 Aircraft and Maintenance
Personnel.--Until the date on which the Secretary determines
that the B-21 bomber aircraft has attained initial operating
capability, the Secretary--
(1) shall preserve four B-1 aircraft that are
retired pursuant to subsection (a), in a manner that
ensures the components and parts of each such aircraft
are maintained in reclaimable condition that is
consistent with type 2000 recallable storage, or
better; and
(2) may not reduce the number of billets assigned
to maintenance of B-1 aircraft in effect on January 1,
2020.
SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE LEVEL.
(a) In General.--Not later than February 1, 2021, the
Secretary of the Air Force shall submit to the congressional
defense committees a report with recommendations for the bomber
aircraft force structure that enables the Air Force to meet the
requirements of its long-range strike mission under the
National Defense Strategy.
(b) Elements.--The report required by subsection (a) shall
include each of the following elements:
(1) The bomber force structure necessary to meet
the requirements of the long-range strike mission of
the Air Force under the National Defense Strategy,
including--
(A) the total minimum number of bomber
aircraft; and
(B) the minimum number of primary mission
aircraft.
(2) The penetrating bomber force structure
necessary to meet the requirements of the long-range
strike mission of the Air Force in contested or denied
environments under the National Defense Strategy,
including--
(A) the total minimum number of penetrating
bomber aircraft; and
(B) the minimum number of primary mission
penetrating bomber aircraft.
(3) A roadmap outlining how the Air Force plans to
reach the force structure identified under paragraphs
(1) and (2), including an established goal date for
achieving the minimum number of bomber aircraft.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Publication.--The Secretary shall make available to the
public the unclassified form of the report submitted under
subsection (a).
(e) Bomber Aircraft Defined.--In this section, the term
``bomber aircraft'' includes penetrating bombers in addition to
B-52H aircraft.
SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) In General.--The Secretary of the Air Force shall
maintain--
(1) a total primary mission aircraft inventory of
230 aircraft; and
(2) a total tactical airlift aircraft inventory of
not less than 287 aircraft.
(b) Exception.--The Secretary of the Air Force may reduce
the number of C-130 aircraft in the Air Force below the minimum
number specified in subsection (a) if the Secretary of the Air
Force determines, on a case-by-case basis, that an aircraft is
no longer mission capable because of a mishap or other damage.
(c) Savings Clause.--During fiscal year 2021, the Secretary
of the Air Force is prohibited from reducing the total tactical
airlift aircraft inventory entirely from the National Guard.
(d) Sunset.--This section shall not apply after October 1,
2021.
SEC. 135. INVENTORY REQUIREMENTS FOR AIR REFUELING TANKER AIRCRAFT.
(a) In General.--During the period beginning on the date of
the enactment of this Act and ending on October 1, 2025, the
Secretary of the Air Force shall maintain not less than 412
tanker aircraft based on Primary Mission Aircraft Inventory
(PMAI) of the Air Force.
(b) Minimum Inventory Requirements for KC-10A Aircraft.--
Except as provided in subsection (e)(1):
(1) Fiscal year 2021.--During the period beginning
on the date of the enactment of this Act and ending on
October 1, 2021, the Secretary of the Air Force shall
maintain a minimum of 50 KC-10A aircraft designated as
primary mission aircraft inventory.
(2) Fiscal year 2022.--During the period beginning
on October 1, 2021, and ending on October 1, 2022, the
Secretary of the Air Force shall maintain a minimum of
38 KC-10A aircraft designated as primary mission
aircraft inventory.
(3) Fiscal year 2023.--During the period beginning
on October 1, 2022, and ending on October 1, 2023, the
Secretary of the Air Force shall maintain a minimum of
26 KC-10A aircraft designated as primary mission
aircraft inventory.
(c) Prohibition on Retirement of KC-135 Aircraft.--Except
as provided in subsection (e), during the period beginning on
the date of the enactment of this Act and ending on October 1,
2023, the Secretary of the Air Force may not retire, or prepare
to retire, any KC-135 aircraft.
(d) KC-135 Aircraft Fleet Management.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 for the Air Force may be
obligated or expended to reduce the number of KC-135 aircraft
designated as primary mission aircraft inventory.
(e) Exceptions.--
(1) KC-10A aircraft.--The requirement in subsection
(b) shall not apply to an aircraft otherwise required
to be maintained by that subsection if the the
Secretary of the Air Force determines, on a case-by-
case basis, that such aircraft is no longer mission
capable due to mishap or other damage, or being
uneconomical to repair.
(2) KC-135 aircraft.--The requirement in subsection
(c) shall not apply to an aircraft otherwise required
to be maintained by that subsection if the Secretary of
the Air Force--
(A) at any time during the period beginning
on the date of the enactment of this Act and
ending on October 1, 2023, determines, on a
case-by-case basis, that such aircraft is no
longer mission capable due to mishap or other
damage, or being uneconomical to repair; or
(B) during fiscal year 2023, certifies in
writing to the congressional defense
committees, not later than 30 days before the
date of divestment of such aircraft, that the
Air Force can meet combatant command tanker
aircraft requirements by leveraging Air
National Guard and Air Force Reserve capacity
with increased Military Personnel Appropriation
(MPA) Man-day Tours to the reserve force.
(f) Primary Mission Aircraft Inventory Defined.--In this
section, the term ``primary mission aircraft inventory'' has
the meaning given that term in section 9062(i)(2)(B) of title
10, United States Code.
SEC. 136. AUTHORITY TO USE F-35A FIGHTER AIRCRAFT AT-1 THROUGH AT-6.
(a) In General.--Subject to written approval by the
Secretary of Defense to the Secretary of the Air Force, the
Secretary of the Air Force is authorized to utilize, modify,
and operate the six F-35A aircraft designated as AT-1 through
AT-6 that are possessed by the United Government and currently
reside in long-term storage at Edwards Air Force Base,
California.
(b) Notice on Approval.--Not later than 15 days after the
Secretary of Defense provides written approval to the Secretary
of the Air Force as described in subsection (a), the Secretary
of Defense shall provide a copy of the written approval to the
congressional defense committees.
SEC. 137. F-35 AIRCRAFT GUN SYSTEM AMMUNITION.
The Director of the F-35 Joint Program Office shall, in
consultation with the Secretary of the Air Force, take
appropriate actions to ensure that any 25mm ammunition fielded
for use by F-35A aircraft--
(1) provides effective full-spectrum target
engagement capability; and
(2) meets the required operational employment
probability of kill specifications for the F-35A
aircraft.
SEC. 138. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF RC-135 AIRCRAFT.
Section 148(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1243) is
amended by inserting ``, or for fiscal year 2021,'' after ``for
fiscal year 2020''.
SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U-2 AND RQ-4
AIRCRAFT.
Section 136 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1317) is amended
by striking subsection (b) and inserting the following new
subsection (b):
``(b) Waiver.--The Secretary of Defense may waive a
certification requirement under paragraphs (1) or (2) of
subsection (a) with respect to U-2 aircraft or RQ-4 aircraft if
the Secretary--
``(1) with respect to the requirement under
paragraph (1) of that subsection--
``(A) determines, after analyzing
sufficient and relevant data, that a greater
capability is worth increased operating and
sustainment costs; and
``(B) provides to the appropriate
committees of Congress a certification on such
determination and supporting analysis; and
``(2) with respect to the requirement under
paragraph (2) of that subsection--
``(A) determines, after analyzing
sufficient and relevant data, that a loss in
capacity and capability will not prevent the
combatant commands from accomplishing their
missions at acceptable levels of risk; and
``(B) provides to the appropriate
committees of Congress a certification of such
determination and supporting analysis.''.
SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF E-8 JSTARS AIRCRAFT.
Section 147 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1669) is amended--
(1) in subsection (a), by striking ``certifies to
the congressional defense committees that Increment 2
of the Advanced Battle-Management System of the Air
Force has declared initial operational capability as
defined in the Capability Development Document for the
System'' and inserting ``certifies to the congressional
defense committees that--
``(1) the Secretary has identified--
``(A) a capability with sufficient capacity
to replace the current fleet of 16 E-8 Joint
Surveillance Target Attack Radar System
aircraft in a manner that meets global
combatant command requirements; and
``(B) potential global basing locations for
such capability; and
``(2) such replacement capability delivers
capabilities that are comparable or superior to the
capabilities delivered by such aircraft.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking
``Increment 1, 2, and 3''; and
(B) in paragraph (4), by striking ``until
Increment 2 of the Advanced Battle-Management
System declares initial operational
capability'' and inserting ``until the Advanced
Battle Management System delivers equivalent
capability''.
SEC. 141. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT WITHIN THE
EUROPEAN THEATER.
(a) In General.--The Secretary of the Air Force may not
divest any F-15C aircraft within the area of responsibility of
the United States European Command until 180 days after the
report required by subsection (b) is submitted to the
congressional defense committees.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the
Commander of the United States European Command shall,
in consultation with the Commander of United States Air
Forces Europe, submit to the congressional defense
committees a report that describes the strategy, force
structure construct and capacity, and strategy
implementation plan to replace the capability and
capacity provided by the F-15C aircraft in the area of
responsibility of the United States European Command in
a manner that maintains an inherent and equal or better
air superiority capability and capacity to that
provided by the F-15C aircraft in that area of
responsibility.
(2) Form.--The report under paragraph (1) shall
submitted in unclassified form, but may contain a
classified annex.
SEC. 142. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE.
(a) Modernization Plan.--
(1) In general.--The Secretary of the Air Force
shall develop a comprehensive plan for the
modernization of airborne intelligence, surveillance,
and reconnaissance, which shall--
(A) ensure the alignment between
requirements, both current and future, and Air
Force budget submissions to meet such
requirements; and
(B) inform the preparation of future
defense program and budget requests by the
Secretary, and the consideration of such
requests by Congress.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) An assessment of all airborne
intelligence, surveillance, and reconnaissance
missions, both current missions and future
missions anticipated to be necessary to support
the national defense strategy.
(B) An analysis of platforms, capabilities,
and capacities necessary to fulfill such
current and future missions.
(C) The anticipated life-cycle budget
associated with each platform, capability, and
capacity requirement for both current and
anticipated future requirements.
(D) An analysis showing operational,
budget, and schedule trade-offs between
sustainment of currently fielded capabilities,
modernization of currently fielded
capabilities, and development and production of
new capabilities.
(b) Report to Congress.--
(1) In general.--Not later than March 30, 2021, the
Secretary of the Air Force shall submit to the
congressional defense committees a report that
includes--
(A) the comprehensive modernization plan
required by subsection (a); and
(B) a strategy for carrying out such plan
through fiscal year 2030.
(2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 143. RC-26B MANNED INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Air Force
may be obligated or expended to retire, divest, realign, or
place in storage or on backup aircraft inventory status, or
prepare to retire, divest, realign, or place in storage or on
backup aircraft inventory status, any RC-26B aircraft.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26B aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of mishap or other damage.
(c) Funding for Aircraft Platform.--
(1) Of the amount authorized to be appropriated for
fiscal year 2021 by section 301 for operation and
maintenance and available for operation and
maintenance, Air National Guard, as specified in the
funding table in section 4301, the Secretary of the Air
Force may transfer up to $18,500,000 to be used in
support of the RC-26B manned intelligence,
surveillance, and reconnaissance platform.
(2) Of the amount authorized to be appropriated for
fiscal year 2021 by section 421 and available for
military personnel for military personnel, Air National
Guard, specified in the funding table in section 4401,
the Secretary of the Air Force may transfer up to
$13,000,000 to be used in support of personnel who
operate and maintain the RC-26B manned intelligence,
surveillance, and reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other
provision of law, the Secretary of Defense may enter into one
or more memoranda of agreement or cost sharing agreements with
other departments and agencies of the Federal Government under
which the RC-26B aircraft may be used to assist with the
missions and activities of such departments and agencies.
SEC. 144. PROHIBITION ON FUNDING FOR CLOSE AIR SUPPORT INTEGRATION
GROUP.
No funds authorized to be appropriated by this Act may be
obligated or expended for the Close Air Support Integration
Group (CIG) or its subordinate units at Nellis Air Force Base,
Nevada, and the Air Force may not utilize personnel or
equipment in support of the CIG or its subordinate units.
SEC. 145. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL SYSTEM
LIMITATIONS.
The Secretary of the Air Force shall develop and implement
a complete, permanent solution to the KC-46 aircraft remote
visual system (RVS) operational limitations. Not later than
February 1, 2021, the Secretary shall submit to the
congressional defense committees an implementation strategy for
the solution.
SEC. 146. ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS AND ADVANCED
BATTLE MANAGEMENT SYSTEM CAPABILITIES.
(a) Analysis.--Not later than April 1, 2021, the Secretary
of the Air Force, in consultation with the commanders of the
combatant commands, shall develop an analysis of current and
future moving target indicator requirements across the
combatant commands and operational and tactical level command
and control capabilities the Advanced Battle Management System
(ABMS) will require when fielded.
(b) JROC Requirements.--
(1) In general.--Not later than 60 days after the
Secretary of the Air Force develops the analysis under
subsection (a), the Joint Requirements Oversight
Council (JROC) shall certify that requirements for the
Advanced Battle Management System incorporate the
findings of the analysis.
(2) Congressional notification.--The Joint
Requirements Oversight Council shall notify the
congressional defense committees upon making the
certification required under paragraph (1), and provide
a briefing on the requirements and findings described
in such paragraph not later than 30 days after such
notification.
SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR KEY MISSION
AREAS.
(a) In General.--Not later than January 1, 2021, the
Secretary of the Air Force shall provide for the performance of
an independent study designed to devise new measures to assess
cost-per-effect for key mission areas of the Air Force. The
study shall be conducted by a Federally funded research and
development center selected by the Secretary for purposes of
the study.
(b) Scope.--The study conducted pursuant to subsection (a)
shall address the following matters:
(1) Number of weapon systems required to meet a
specified mission goal.
(2) Number of personnel required to meet a
specified mission goal.
(3) Associated operation and maintenance costs
necessary to facilitate respective operational
constructs.
(4) Basing requirements for respective force
constructs.
(5) Mission support elements required to facilitate
specified operations.
(6) Defensive measures required to facilitate
viable mission operations.
(7) Attrition due to enemy countermeasures and
other loss factors associated with respective
technologies.
(8) Associated weapon effects costs compared to
alternative forms of power projection.
(c) Implementation of Measures.--The Secretary shall, as
the Secretary considers appropriate, incorporate the findings
of the study conducted pursuant to subsection (a) into the
future force development processes of the Air Force. The
measures--
(1) should be domain and platform agnostic;
(2) should focus on how best to achieve mission
goals in future operations; and
(3) shall consider including cost-per-effect
metrics as a key performance parameter for any Air
Force acquisition programs that enter the Joint
Capabilities Integration and Development System (JCIDS)
requirements process of the Department of Defense.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE ARMY,
NAVY, AND AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 231 the following new
section:
``Sec. 231a. Budgeting for life-cycle costs of aircraft for the Army,
Navy, and Air Force: annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--
Not later than 30 days after the date on which the President
submits to Congress the budget for a fiscal year, the Secretary
of Defense shall submit to the congressional defense committees
the following:
``(1) A plan for the procurement of the aircraft
specified in subsection (b) for each of the Department
of the Army, the Department of the Navy, and the
Department of the Air Force developed in accordance
with this section.
``(2) A certification by the Secretary that both
the budget for such fiscal year and the future-years
defense program submitted to Congress in relation to
such budget under section 221 of this title provide for
funding of the procurement of aircraft at a level that
is sufficient for the procurement of the aircraft
provided for in the plan under paragraph (1) on the
schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this
subsection are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Intertheater lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and
reconnaissance aircraft.
``(7) Tanker aircraft.
``(8) Remotely piloted aircraft.
``(9) Rotary-wing aircraft.
``(10) Operational support and executive lift
aircraft.
``(11) Any other major support aircraft designated
by the Secretary of Defense for purposes of this
section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual
aircraft procurement plan developed for a fiscal year for
purposes of subsection (a) should be designed so that the
aviation force provided for under the plan is capable of
supporting the national military strategy of the United States
as set forth in the most recent National Defense Strategy
submitted under section 113(g) of this title and the most
recent National Military Strategy submitted under section
153(b) of this title.
``(2) Each annual aircraft procurement plan shall include
the following:
``(A) A detailed program for the procurement of the
aircraft specified in subsection (b) for each of the
Department of the Army, the Department of the Navy, and
the Department of the Air Force over the next 15 fiscal
years.
``(B) A description of the aviation force structure
necessary to meet the requirements of the national
military strategy of the United States.
``(C) The estimated levels of annual investment
funding necessary to carry out each aircraft program,
together with a discussion of the procurement
strategies on which such estimated levels of annual
investment funding are based, set forth in aggregate
for the Department of Defense and in aggregate for each
military department.
``(D) The estimated level of annual funding
necessary to operate, maintain, sustain, and support
each aircraft program throughout the life-cycle of the
program, set forth in aggregate for the Department of
Defense and in aggregate for each military department.
``(E) For each of the cost estimates required by
subparagraphs (C) and (D)--
``(i) a description of whether the cost
estimate is derived from the cost estimate
position of the military department concerned
or from the cost estimate position of the
Office of Cost Assessment and Program
Evaluation;
``(ii) if the cost estimate position of the
military department and the cost estimate
position of the Office of Cost Assessment and
Program Evaluation differ by more than 5
percent for any aircraft program, an annotated
cost estimate difference and sufficient
rationale to explain the difference;
``(iii) the confidence or certainty level
associated with the cost estimate for each
aircraft program; and
``(iv) a certification that the
calculations from which the cost estimate is
derived are based on common cost categories
used by the Under Secretary of Defense for
Acquisition and Sustainment for calculating the
life-cycle cost of an aircraft program.
``(F) An assessment by the Secretary of Defense of
the extent to which the combined aircraft forces of the
Department of the Army, the Department of the Navy, and
the Department of the Air Force meet the national
security requirements of the United States.
``(3) For any cost estimate required by subparagraph (C) or
(D) of paragraph (2) for any aircraft program for which the
Secretary is required to include in a report under section 2432
of this title, the source of the cost information used to
prepare the annual aircraft plan shall be derived from the
Selected Acquisition Report data that the Secretary plans to
submit to the congressional defense committees in accordance
with subsection (f) of that section for the year for which the
annual aircraft procurement plan is prepared.
``(4) Each annual aircraft procurement plan shall be
submitted in unclassified form, and shall contain a classified
annex. A summary version of the unclassified report shall be
made available to the public.
``(d) Assessment When Aircraft Procurement Budget Is
Insufficient to Meet Applicable Requirements.--If the budget
for any fiscal year provides for funding of the procurement of
aircraft for the Department of the Army, the Department of the
Navy, or the Department of the Air Force at a level that is not
sufficient to sustain the aviation force structure specified in
the aircraft procurement plan for such Department for that
fiscal year under subsection (a), the Secretary shall include
with the defense budget materials for that fiscal year an
assessment that describes the funding shortfall and discusses
the risks associated with the reduced force structure of
aircraft that will result from funding aircraft procurement at
such level. The assessment shall be coordinated in advance with
the commanders of the combatant commands.
``(e) Annual Report on Aircraft Inventory.--(1) As part of
the annual plan and certification required to be submitted
under this section, the Secretary shall include a report on the
aircraft in the inventory of the Department of Defense.
``(2) Each report under paragraph (1) shall include the
following, for the year covered by such report, the following:
``(A) The total number of aircraft in the
inventory.
``(B) The total number of the aircraft in the
inventory that are active, stated in the following
categories (with appropriate subcategories for mission
aircraft, training aircraft, dedicated test aircraft,
and other aircraft):
``(i) Primary aircraft.
``(ii) Backup aircraft.
``(iii) Attrition and reconstitution
reserve aircraft.
``(C) The total number of the aircraft in the
inventory that are inactive, stated in the following
categories:
``(i) Bailment aircraft.
``(ii) Drone aircraft.
``(iii) Aircraft for sale or other transfer
to foreign governments.
``(iv) Leased or loaned aircraft.
``(v) Aircraft for maintenance training.
``(vi) Aircraft for reclamation.
``(vii) Aircraft in storage.
``(D) The aircraft inventory requirements approved
by the Joint Chiefs of Staff.
``(3) Each report under paragraph (1) shall set forth each
item specified in paragraph (2) separately for the regular
component of each armed force and for each reserve component of
each armed force and, for each such component, shall set forth
each type, model, and series of aircraft provided for in the
future-years defense program that covers the fiscal year for
which the budget accompanying the plan, certification and
report is submitted.
``(f) Budget Defined.--In this section, the term `budget'
means the budget of the President for a fiscal year as
submitted to Congress pursuant to section 1105 of title 31.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by inserting
after the item relating to section 231 the following new item:
``231a. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force: annual plan and certification.''.
SEC. 152. TRANSFER OF RESPONSIBILITIES AND FUNCTIONS RELATING TO
ELECTROMAGNETIC SPECTRUM OPERATIONS.
(a) Transfer.--Not later than two years after the date of
the enactment of this Act and in accordance with the plan
developed pursuant to subsection (b), the Secretary of Defense
shall transfer to an appropriate entity within the Department
of Defense all the responsibilities and functions of the
Commander of the United States Strategic Command that are
germane to electromagnetic spectrum operations (EMSO),
including--
(1) advocacy for joint electronic warfare
capabilities;
(2) providing contingency electronic warfare
support to other combatant commands; and
(3) supporting combatant command joint training and
planning related to electromagnetic spectrum
operations.
(b) Plan for Transfer of Responsibilities.--
(1) In general.--Not later than 180 days before the
date of the transfer of responsibilities required by
subsection (a), the Secretary shall develop a plan to
carry out the transfer.
(2) Considerations.--In developing the plan
required by paragraph (1), the Secretary shall consider
the following:
(A) All appropriate entities having
potential for designation as the receiving
electromagnetic spectrum operations
organization, including elements of the Joint
Staff, the functional and geographic combatant
commands, Department of Defense offices and
agencies, and other organizations, including
the establishment of a new entity for that
purpose within any such entity.
(B) Whether the receiving electromagnetic
spectrum operations organization should have a
unitary structure or hybrid structure (in which
operational and capability development and
direction are headed by separate
organizations).
(C) The resources required by the receiving
electromagnetic spectrum operations
organization to fulfill the responsibilities
and functions specified in subsection (a).
(D) The results of the evaluations carried
out pursuant to subsections (c) and (d).
(3) Submittal to congress.--Not later than 180 days
before the date of the transfer of responsibilities
required by subsection (a), the Secretary shall submit
to Congress the following:
(A) The plan developed under paragraph (1).
(B) The construct and elements of the
receiving electromagnetic spectrum operations
organization under the plan, including the
allocation of responsibilities among senior
officials in such organization.
(C) The analysis conducted to determine the
electromagnetic spectrum operations
organization, including the input in the plan
or analysis of the results of consultation with
any independent entities involved in
development of the plan.
(D) The resources required to implement the
plan, and a timeline for the receiving
electromagnetic spectrum operations
organization to reach initial operational
capability and full operational capability.
(c) Evaluations of Armed Forces.--
(1) In general.--Not later than October 1, 2021,
and annually thereafter through 2025, the Chief of
Staff of the Army, the Chief of Naval Operations, the
Chief of Staff of the Air Force, the Commandant of the
Marine Corps, and the Chief of Space Operations shall
each carry out an evaluation of the ability of the
Armed Force concerned to perform electromagnetic
spectrum operations missions required by each of the
following:
(A) The Electromagnetic Spectrum
Superiority Strategy.
(B) The Joint Staff-developed concept of
operations for electromagnetic spectrum
operations.
(C) The operations and contingency plans of
the combatant commands.
(2) Elements.--Each evaluation under paragraph (1)
shall include assessment of the following:
(A) Current programs of record, including--
(i) the ability of weapon systems
to perform missions in contested
electromagnetic spectrum environments;
and
(ii) the ability of electronic
warfare capabilities to disrupt
adversary operations.
(B) Future programs of record, including--
(i) the need for distributed or
network-centric electronic warfare and
signals intelligence capabilities; and
(ii) the need for automated and
machine learning- or artificial
intelligence-assisted electronic
warfare capabilities.
(C) Order of battle.
(D) Individual and unit training.
(E) Tactics, techniques, and procedures,
including--
(i) maneuver, distribution of
assets, and the use of decoys; and
(ii) integration of nonkinetic and
kinetic fires.
(d) Evaluations of Combatant Commands.--
(1) In general.--Not later than October 1, 2021,
and annually thereafter through 2025, the Commander of
the United States European Command, the Commander of
the United States Pacific Command, and the Commander of
the United States Central Command shall each carry out
an evaluation of the plans and posture of the command
concerned to execute the electromagnetic spectrum
operations envisioned in each of the following:
(A) The Electromagnetic Spectrum
Superiority Strategy.
(B) The Joint Staff-developed concept of
operations for electromagnetic spectrum
operations.
(2) Elements.--Each evaluation under paragraph (1)
shall include assessment of the following:
(A) Operation and contingency plans.
(B) The manning, organizational alignment,
and capability of joint electromagnetic
spectrum operations cells.
(C) Mission rehearsal and exercises.
(D) Force positioning, posture, and
readiness.
(e) Semiannual Briefing.--Not less frequently than twice
each year until January 1, 2026, the Vice Chairman of the Joint
Chiefs of Staff shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the
implementation of this section by each of the Joint Staff, the
Armed Forces, and the combatant commands.
SEC. 153. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.
(a) Cryptographic Modernization Schedules Required.--Each
of the Secretaries of the military departments and the heads of
relevant Defense Agencies and Department of Defense Field
Activities shall establish and maintain a cryptographic
modernization schedule that specifies, for each pertinent
weapon system, command and control system, or data link under
the jurisdiction of such Secretary or head, including those
that use commercial encryption technologies (as relevant), the
following:
(1) The last year of use for applicable
cryptographic algorithms.
(2) Anticipated key extension requests for systems
where cryptographic modernization is assessed to be
overly burdensome and expensive or to provide limited
operational utility.
(3) The funding and deployment schedule for
modernized cryptographic algorithms, keys, and
equipment over the future-years defense program
submitted to Congress pursuant to section 221 of title
10, United States Code, in 2021 together with the
budget of the President for fiscal year 2022.
(b) Requirements for Chief Information Officer.--The Chief
Information Officer of the Department of Defense shall--
(1) oversee the construction and implementation of
the cryptographic modernization schedules required by
subsection (a);
(2) establish and maintain an integrated
cryptographic modernization schedule for the entire
Department of Defense, collating the cryptographic
modernization schedules required under subsection (a);
and
(3) in coordination with the Director of the
National Security Agency and the Joint Staff Director
for Command, Control, Communications, and Computers/
Cyber, use the budget certification, standard-setting,
and policy-making authorities provided in section 142
of title 10, United States Code, to amend Armed Force
and Defense Agency and Field Activity plans for key
extension requests and cryptographic modernization
funding and deployment that pose unacceptable risk to
military operations.
(c) Annual Notices.--Not later than January 1, 2022, and
not less frequently than once each year thereafter until
January 1, 2026, the Chief Information Officer and the Joint
Staff Director shall jointly submit to the congressional
defense committees notification of all--
(1) delays to or planned delays of Armed Force and
Defense Agency and Field Activity funding and
deployment of modernized cryptographic algorithms,
keys, and equipment over the previous year; and
(2) changes in plans or schedules surrounding key
extension requests and waivers, including--
(A) unscheduled or unanticipated key
extension requests; and
(B) unscheduled or unanticipated waivers
and nonwaivers of scheduled or anticipated key
extension requests.
SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL FEDERAL
AVIATION REGULATION WORKING GROUP.
(a) Designation of DoD Representatives.--The Secretary of
Defense shall designate the Department of Defense
representatives to the Special Federal Aviation Regulation
Working Group.
(b) Limitation on Availability of Funds for OSD.--Of the
aggregate amount authorized to be appropriated by this Act for
fiscal year 2021 and available for the Office of the Secretary
of Defense, not more than 75 percent may be obligated or
expended until the later of the following:
(1) The date on which Secretary certifies, in
writing, to the appropriate committees of Congress that
the Department representatives to the Special Federal
Aviation Regulation Working Group have been designated
as required by subsection (a).
(2) The date on which the Special Federal Aviation
Regulation Working Group submits to the appropriate
committees of Congress initial recommendations
developed pursuant to subsection (b)(4) of section 1748
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1847).
(c) Report on Findings and Recommendations.--
(1) In general.--Not later than June 30, 2021, the
Special Federal Aviation Regulation Working Group shall
submit to the appropriate committees of Congress a
report setting forth the findings and recommendations
of the Working Group as developed pursuant to
subsection (b) of section 1748 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Conforming amendments.--Section 1748 of the
National Defense Authorization Act for Fiscal Year 2020
is amended--
(A) by striking subsection (d); and
(B) in subsection (e), by striking
``subsection (d)'' and inserting ``section
154(c)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal
Year 2021''.
(d) Certification in Connection With Contracts With Foreign
Companies for Aviation Services Overseas.--
(1) In general.--Subject to paragraph (2), the
Department of Defense may not enter into a contract
with a foreign company as contracted aviation support
to provide aviation services in an overseas area unless
the Secretary certifies, in writing, to the appropriate
committees of Congress each of the following:
(A) That the use of foreign companies to
provide such services in overseas areas is
required for the national security of the
United States.
(B) That the Department has exhausted all
available authorities to use United States
companies to provide such services in overseas
areas.
(2) Sunset.--The requirement in paragraph (1) shall
expire on the later of--
(A) the date on which the Special Federal
Aviation Regulation Working Group submits to
the appropriate committees of Congress the
report required by subsection (c)(1); and
(B) the date on which the Secretary fully
implements the recommendations contained in
that report.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure
of the House of Representatives.
(2) The term ``Special Federal Aviation Regulation
Working Group'' means the working group established
pursuant to section 1748 of the National Defense
Authorization Act for Fiscal Year 2020.
SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.
(a) Certification on Directive of IAMD Responsibilities and
Authorities.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Chairman of the Joint Chiefs of Staff and
the Secretaries of the military departments, certify that
Department of Defense Directive 5100.01 is current and accurate
with respect to integrated air and missile defense (IAMD)
responsibilities and authorities in support of joint and
combined land, sea, air, space and special forces operations,
and in obtaining and maintaining air superiority or supremacy
as required.
(b) IAMD Assessment by Chairman of the Joint Chiefs of
Staff.--
(1) In general.--The Chairman of the Joint Chiefs
of Staff shall, in coordination with the Secretaries of
the military departments and the Director of the
Missile Defense Agency, conduct a comprehensive
classified assessment of threats to, and capabilities
and capacities of, current and planned integrated air
and missile defense technologies and force structure to
meet the requirements of the combatant commands in
support of the National Defense Strategy.
(2) Elements.--The assessment required by paragraph
(1) shall include the following:
(A) Characterization and analysis of
current and emerging threats, including the
following:
(i) Cruise, hypersonic, and
ballistic missiles.
(ii) Unmanned aerial systems.
(iii) Rockets and other indirect
fire.
(iv) Specific and meaningfully
varied examples within each of clauses
(i) through (iii).
(B) Analysis of current and planned
integrated air and missile defense capabilities
to counter the threats characterized and
analyzed under subparagraph (A), including the
following:
(i) Projected timelines for
development, procurement, and fielding
of needed capabilities to defend
against current and anticipated
threats, based on intelligence
assessments of such threats.
(ii) Projected capability and
capacity gaps in addressing the threats
characterized and assessed under
subparagraph (A), including a
delineation of unfulfilled integrated
air and missile defense requirements by
combatant command.
(iii) Risk assessment of projected
capability and capacity gaps addressing
integrated air and missile defense
requirements of the combatant commands
and the National Defense Strategy.
(iv) Opportunities for acceleration
or need for incorporation of interim
capabilities to address current and
projected gaps.
(v) Opportunities to leverage
allied contributions for integrated air
and missile defense capabilities and
capacities to meet requirements of the
combatant commands.
(C) Assessment of the integrated air and
missile defense command, control, and
intelligence systems and architecture,
including the following:
(i) A description of the integrated
air and missile defense architecture,
and the component counter unmanned
aerial system (C-UAS) sub-architecture
of such architecture.
(ii) Identification of the critical
command and control (C2) systems.
(iii) Integration or
interoperability of the command and
control systems.
(iv) Integration, interoperability,
or compatibility of the command and
control systems with planned Joint All
Domain Command and Control (JADC2)
architecture.
(3) Characterization.--
(A) In general.--In carrying out the
assessment required by paragraph (1), the
Chairman shall clearly, on a technical and
operational basis, distinguish between
distinctly different threats in the same
general class.
(B) Example.--The Chairman shall, for
example, ensure that the assessment is not
limited to a broad characterization, such as
``cruise missiles'', since such
characterization does not sufficiently
distinguish between current cruise missiles and
emerging hypersonic cruise missiles, which may
require different capabilities to counter them.
(4) Interim briefing and report.--
(A) Interim briefing.--Not later than 60
days after the date of the enactment of this
Act, the Chairman shall brief the Committees on
Armed Services of the Senate and the House of
Representatives on the assessment under
paragraph (1).
(B) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Chairman shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the findings of the
assessment conducted under paragraph (1).
(c) Secretary of the Military Department Briefings on
Response to IAMD Assessment.--
(1) In general.--Not later than 90 days after the
submittal of the report required by subsection
(b)(4)(B), the Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force shall each
brief the Committees on Armed Services of the Senate
and the House of Representatives on the manner in which
the military department under the jurisdiction of such
Secretary intends to fulfill the global integrated air
and missile defense requirements of the combatant
commands in accordance with Department of Defense
Directive 5100.01.
(2) Elements.--Each briefing under paragraph (1)
shall include, for the military department covered by
such briefing, the following:
(A) Analysis of current and planned
integrated air and missile defense capabilities
to counter the threats characterized and
analyzed under subsection (b)(2)(A), including
the following:
(i) Projected timelines and costs
for development, procurement, and
fielding of planned integrated air and
missile defense capabilities.
(ii) Projected capability gaps and
an assessment of associated risk.
(iii) Opportunities for
acceleration or need for incorporation
of interim capabilities to address
current and projected gaps.
(B) Analysis of current and planned
capacity to meet major contingency plan
requirements and ongoing global operations of
the combatant commands, including the
following:
(i) Current and planned numbers of
integrated air and missile defense
systems and formations, including
associated munitions.
(ii) Capacity gaps, and an
assessment of associated risk, in
addressing combatant command
requirements.
(iii) Operations tempo stress on
integrated air and missile defense
formations and personnel.
(iv) Plans to sustain or to
increase integrated air and missile
defense personnel and formations.
(C) Assessment of proponency and the
distribution of responsibility and authority
for policy and program planning, budgeting, and
execution within the military department for
integrated air and missile defense and counter-
unmanned aerial systems, including the
following:
(i) A description of the current
proponency structure.
(ii) An assessment of the adequacy
of the current proponency structure to
facilitate integrated air and missile
defense and counter unmanned aerial
systems functions for the Department of
Defense.
(D) Assessment of the feasibility and
advisability of establishing one or more
centers of excellence for integrated air and
missile defense, counter unmanned aerial
systems, or both for purposes of planing,
organizing, and managing the military
department and joint force efforts to achieve a
functional capability and capacity to meet the
requirements of the combatant commands.
SEC. 156. JOINT STRATEGY FOR AIR BASE DEFENSE AGAINST MISSILE THREATS.
(a) Strategy Required.--The Chief of Staff of the Air Force
and the Chief of Staff of the Army shall jointly develop and
carry out a strategy to address the defense of air bases and
prepositioned sites outside the continental United States
against current and emerging missile threats, as validated by
the Defense Intelligence Agency.
(b) Certification and Strategy.--Not later than June 1,
2021, the Chief of Staff of the Air Force and the Chief of
Staff of the Army shall jointly submit to the congressional
defense committees the following:
(1) A certification that the defense of air bases
and prepositioned sites outside the continental United
States against threats described in subsection (a) is
being addressed jointly.
(2) The strategy developed pursuant to subsection
(a).
SEC. 157. JOINT ALL DOMAIN COMMAND AND CONTROL REQUIREMENTS.
(a) Validation of Requirements by Joint Requirements
Oversight Council.--Not later than April 1, 2021, the Joint
Requirements Oversight Council (JROC) shall validate
requirements for Joint All Domain Command and Control (JADC2).
(b) Air Force Certification.--Immediately after the
validation of requirements pursuant to subsection (a), the
Chief of Staff of the Air Force shall submit to the
congressional defense committees a certification that the
current Joint All Domain Command and Control effort, including
programmatic and architecture efforts, being led by the Air
Force will meet the requirements validated by the Joint
Requirements Oversight Council.
(c) Certification by Other Armed Forces.-- Not later than
July 1, 2021, the chief of staff of each Armed Force other than
the Air Force shall submit to the congressional defense
committees a certification whether the efforts of such Armed
Force on multi-domain command and control are compatible with
Joint All Domain Command and Control architecture.
(d) Budgeting.--The Secretary of Defense shall incorporate
the expected costs for full development and implementation of
Joint All Domain Command and Control across the Department of
Defense in fiscal year 2022 in the budget of the President for
fiscal year 2022 as submitted to Congress under section 1105 of
title 31, United States Code.
SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY
FOR F-35 AIRCRAFT PROGRAM.
Section 161(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1246) is
amended by striking ``$574,000,000'' and inserting
``$1,035,793,000''.
SEC. 159. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM.
The Secretary of Defense shall submit to the congressional
defense committees, not later than 15 days following Milestone
C approval for the F-35 aircraft program pursuant to section
2366c of title 10, United States Code, or entering into a
contract for the full-rate production of F-35 aircraft, the
documentation with respect to the F-35 aircraft program as
follows:
(1) A certification by the Under Secretary of
Defense for Acquisition and Sustainment that--
(A) all alternative supply contractors for
parts, required for the airframe and propulsion
prime contractors of the F-35 aircraft program
as a result of the removal of the Republic of
Turkey from the program, have been identified,
and all related undefinitized contract actions
have been definitized (as described in section
7401 of part 217 of the Defense Federal
Acquisition Regulation Supplement);
(B) the parts produced by each such
contractor have been qualified and certified as
meeting applicable technical design and use
specifications; and
(C) each such contractor has reached the
required rate of production to meet supply
requirements for parts under the program.
(2) A cost analysis, prepared by the joint program
office for the F-35 aircraft program, that assesses and
defines--
(A) the manner in which the full
integration of Block 4 and Technical Refresh 3
capabilities for each lot of Block 4 production
aircraft beginning after lot 14 will affect the
average procurement unit cost of United States
variants of the F-35A, F-35B, and F-35C
aircraft; and
(B) the manner in which the establishment
of alternate sources of production and
sustainment of supply and repair parts due to
the removal of the Republic of Turkey from the
program will affect such unit cost.
(3) All reports required by section 167 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1250).
(4) An independent cost estimate, prepared by
Director of Cost Assessment and Program Evaluation,
that defines, for each phase of the F-35 aircraft
program, the cost to develop, procure, integrate, and
retrofit F-35 aircraft with all Block 4 capability
requirements that are specified in the most recent
Block 4 capabilities development document.
(5) A plan to correct or mitigate any deficiency in
the F-35 aircraft, identified as of the date of
enactment of this Act that--
(A) may cause death, severe injury or
occupational illness, or major loss or damage
to equipment or a system, and for which there
is no identified workaround (commonly known as
a ``category 1A deficiency''); or
(B) critically restricts combat readiness
capabilities or results in the inability to
attain adequate performance to accomplish
mission requirements (commonly known as a
``category 1B deficiency'').
(6) A software and hardware capability, upgrade,
and aircraft modification plan for the F-35 aircraft
that defines the cost and schedule for retrofitting F-
35 aircraft that currently have Technical Refresh 2
capabilities installed to ensure compatibility with
Block 4 and Technical Refresh 3 capabilities.
(7) The following reports for the F-35 aircraft
program, as prepared by the Director of Operational
Test and Evaluation:
(A) A report on the results of the
realistic survivability testing of the F-35
aircraft, as described in section 2366(d) of
title 10, United States Code.
(B) A report on the results of the initial
operational test and evaluation conducted for
program, as described in section 2399(b)(2) of
such title.
(8) A mitigation strategy and implementation plan
to address each critical deficiency in the F-35
aircraft autonomic logistics information system that
has been identified as of the date of enactment of this
Act.
(9) A certification that the F-35A aircraft meets
required mission reliability performance using an
average sortie duration of 2 hours and 30 minutes.
(10) A certification that the Secretary has
developed and validated a fully integrated and
realistic schedule for the development, production and
integration of Block 4 Technical Refresh 3 capabilities
for the F-35 aircraft, that includes a strategy for
resolving all software technical debt that has
accumulated within the F-35 operational flight program
source code during development, production, and
integration of Technical Refresh 1 and Technical
Refresh 2 capabilities.
(11) The following:
(A) A complete list of hardware
modifications that will be required to
integrate Block 4 capabilities into lot 16 and
lot 17 production F-35 aircraft.
(B) An estimate of the costs of any
engineering changes required as a result of
such modifications.
(C) A comparison of those engineering
changes and costs with the engineering changes
and costs for lot 15 production F-35 aircraft.
SEC. 160. F-35 AIRCRAFT MUNITIONS.
Subject to the availability of appropriations, the
Secretary of the Air Force and the Secretary of the Navy shall,
in coordination with the Director of the F-35 Joint Program
Office, certify for use by the Armed Forces under the
jurisdiction of such Secretary munitions for F-35 aircraft that
are qualified on F-35 partner aircraft of North Atlantic Treaty
Organization (NATO) member nations as of the date of the
enactment of this Act.
SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS INFORMATION
SYSTEM FOR THE F-35 FIGHTER AIRCRAFT.
(a) In General.--Not later than March 1, 2021, the Under
Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Director of the F-35 Aircraft Joint
Program Office, submit to the congressional defense committees
the following:
(1) A report describing a program-wide process for
measuring, collecting, and tracking information on the
manner in which the F-35 Autonomic Logistics
Information System (ALIS) is affecting the performance
of the F-35 aircraft fleet, including its effects on
aircraft availability and mission capability and
effectiveness rates.
(2) A strategy and implementation plan for the F-35
Operational Data Integrated Network (ODIN) system that
is being developed to replace the F-35 Autonomic
Logistics Information System, including an
identification and assessment of goals, key risks or
uncertainties, system performance metrics, and costs of
designing, procuring, and fielding the F-35 Operational
Data Integrated Network system.
(b) Updates.--In each quarterly briefing required by
section 155 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public 115-232; 132
Stat. 1672) for a calendar quarter beginning on or after
January 1, 2022, the Under Secretary and the Director shall
include an update containing current information on the
following:
(1) The manner in which the F-35 Autonomic
Logistics Information System is affecting fleet
performance of the F-35 aircraft fleet.
(2) The progress being made to develop, procure,
and field the F-35 Operational Data Integrated Network
system.
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F-35 AIRCRAFT.
During the quarterly briefing required by section 155 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1672) covering
a quarter in which mission systems production software for the
F-35 aircraft was released to units operating such aircraft
under the F-35 aircraft continuous capability development and
delivery program, the Under Secretary of Defense for
Acquisition and Sustainment shall, in consultation with the
Director of Operational Test and Evaluation, brief the
congressional defense committees with the following with
respect to the missions systems production software for the F-
35 aircraft:
(1) An explanation of the types and methods of
regression testing that were completed for the
production release of the software concerned to ensure
compatibility and proper functionality with--
(A) the fire control radar system of each
variant of the F-35 aircraft; and
(B) all weapons certified for carriage and
employment on each variant of the F-35
aircraft.
(2) An identification of any entities that
conducted regression testing of such software,
including any development facilities of the Federal
Government or contractors that conducted such testing.
(3) A list of deficiencies identified during
regression testing of such software, or by operational
units, after fielding of such software, and an
explanation of--
(A) any software modifications, including
quick-reaction capability, that were completed
to resolve or mitigate such deficiencies;
(B) with respect to any deficiencies that
were not resolved or mitigated, whether the
deficiencies will be corrected in later
releases of the software; and
(C) any effects resulting from such
deficiencies, including--
(i) any effects on the cost and
schedule for delivery of the software;
and
(ii) in cases in which the
deficiencies resulted in additional,
unplanned, software releases, any
effects on the ongoing testing of
software capability releases.
SEC. 163. PROHIBITION ON USE OF FUNDS FOR THE ARMED OVERWATCH PROGRAM.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense may
be used to, and the Department may not--
(1) procure armed overwatch aircraft for the United
States Special Operations Command in fiscal year 2021;
or
(2) procure armed overwatch aircraft for the Air
Force in fiscal years 2021 through 2023.
SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF COUNTER UNMANNED
AIRCRAFT SYSTEMS ACROSS THE JOINT FORCE.
(a) Immediate Objective for Executive Agent for C-sUAS.--
The Executive Agent of the Joint Counter Small Unmanned
Aircraft Systems (C-sUAS) Office, as designated by the Under
Secretary of Defense for Acquisition and Sustainment, shall
prioritize the objective of developing and executing a plan to
develop, test, and begin production of a counter unmanned
aircraft system that can be fielded as early as fiscal year
2021 to meet immediate operational needs in countering Group 1,
2, and 3 unmanned aircraft systems and, to the extent
practical, has the potential to counter other, larger unmanned
aircraft systems.
(b) Development and Fielding of C-sUAS Systems in Fiscal
Year 2021.--In carrying out subsection (a), the Executive Agent
shall consider the selection of counter unmanned aircraft
systems with specific emphasis on systems that--
(1) have undergone successful realistic operational
tests or assessments, or have been or are currently
deployed;
(2) will meet the operational requirements of
deployed forces facing current and anticipated unmanned
aircraft system (UAS) threats, including effectiveness
against unmanned aircraft systems that are not remotely
piloted or are not reliant on a command link;
(3) use autonomous and semi-autonomous systems and
processes;
(4) are affordable, with low operating and
sustainment costs;
(5) build, to the extent practicable, upon systems
that were selected for fielding in fiscal year 2021;
(6) reduce or accelerate the timeline for initial
operational capability and full operational capability
of the counter unmanned aircraft system prioritized by
subsection (a);
(7) enable the flexible and continuous integration
of different types of sensors and mitigation solutions
based on the different demands of particular military
installations and deployed forces, physical
geographies, and threat profiles; and
(8) are or include systems or component parts that
are commercial items, as required by section 3307 of
title 41, United States Code, including a common
command and control system.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Executive Agent shall brief the
congressional defense committees on the following:
(1) The selection process for counter unmanned
aircraft system capabilities prioritized by this
section.
(2) The plan prioritized by subsection (a).
(d) Oversight.--The Executive Agent shall--
(1) oversee the execution of all counter unmanned
aircraft systems being developed by the military
departments as of the day before the date of the
enactment of this Act; and
(2) ensure that the plan prioritized by subsection
(a) guides future programmatic and funding decisions
for activities relating to counter unmanned aircraft
systems, including any cancellation of such activities.
SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
ACQUISITION ROADMAP FOR THE UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) In General.--Not later than December 1, 2021, the
Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict and the Commander of the United States
Special Operations Command shall jointly submit to the
congressional defense committees an acquisition roadmap to meet
the manned and unmanned airborne intelligence, surveillance,
and reconnaissance requirements of United States Special
Operations Forces.
(b) Elements.--The roadmap required under subsection (a)
shall include the following:
(1) A description of the current platform
requirements for manned and unmanned airborne
intelligence, surveillance, and reconnaissance
capabilities to support United States Special
Operations Forces.
(2) An analysis of the remaining service life of
existing manned and unmanned airborne intelligence,
surveillance, and reconnaissance capabilities currently
operated by United States Special Operations Forces.
(3) An identification of any current or anticipated
gaps for special operations-peculiar manned and
unmanned airborne intelligence, surveillance, and
reconnaissance capabilities.
(4) A description of anticipated manned and
unmanned intelligence, surveillance, and reconnaissance
platform requirements of the United States Special
Operations Forces, including range, payload, endurance,
ability to operate in contested environments, and other
requirements, as appropriate.
(5) A description of the manner in which the
anticipated requirements described in paragraph (4) are
in alignment with the National Defense Strategy and
meet the challenge of strategic competition and nation
state intelligence collection requirements.
(6) An explanation of the anticipated mix of manned
and unmanned aircraft, number of platforms, and
associated aircrew and maintainers for support of
United States Special Operations Forces.
(7) An explanation of the extent to which service-
provided manned and unmanned airborne intelligence,
surveillance, and reconnaissance capabilities will be
required in support of United States Special Operations
Forces, and the manner in which such capabilities will
supplement and integrate with the organic capabilities
possessed by United States Special Operations Forces.
(8) Any other matters the Assistant Secretary and
the Commander jointly consider appropriate.
SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPERATED
BY UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Prohibition.--No funds authorized to be appropriated by
this Act may be used to divest any manned intelligence,
surveillance, and reconnaissance aircraft operated by the
United States Special Operations Command, and the Department of
Defense may not divest any manned intelligence, surveillance,
and reconnaissance aircraft operated by the United States
Special Operations Command in fiscal year 2021.
(b) Exception.--The prohibition in subsection (a) does not
apply to any divestment of aircraft described in that
subsection that is ongoing as of the date of the enactment of
this Act.
SEC. 167. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION SEAT
AIRCRAFT LOCATOR BEACONS.
(a) Notification.--Not later than 180 days after the date
of the enactment of this Act, and on a semi-annual basis
thereafter until the date specified in subsection (b), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a written
notification that describes, with respect to the period covered
by the notification--
(1) the efforts of the service acquisition
executives of the Department of the Air Force and the
Department of the Navy to replace ejection seat
aircraft locator beacons that are--
(A) installed on covered aircraft; and
(B) inoperable in water or in wet
conditions; and
(2) the funding allocated for such efforts.
(b) Date Specified.--The date specified in this subsection
is the earlier of--
(1) the date on which the Under Secretary of
Defense for Acquisition and Sustainment determines that
all ejection seat aircraft locator beacons installed on
covered aircraft are operable in water and wet
conditions; or
(2) the date that is 5 years after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered aircraft'' means aircraft of
the Air Force, the Navy, and the Marine Corps that are
equipped with ejection seats.
(2) The term ``service acquisition executive of the
Department of the Air Force'' does not include the
Service Acquisition Executive of the Department of the
Air Force for Space Systems and Programs described in
section 957 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 9016
note).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of requirements relating to certain cooperative
research and development agreements.
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS.
Section 2350a of title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``and the
Under Secretary'' and inserting ``or the Under
Secretary''; and
(2) in subsection (c)--
(A) by striking ``Each cooperative'' and
inserting ``(1) Except as provided in paragraph
(2), each cooperative''; and
(B) by adding at the end the following new
paragraphs:
``(2) A cooperative research and development project may be
entered into under this section under which costs are shared
between the participants on an unequal basis if the Secretary
of Defense, or an official specified in subsection (b)(2) to
whom the Secretary delegates authority under this paragraph,
makes a written determination that unequal cost sharing
provides strategic value to the United States or another
participant in the project.
``(3) For purposes of this subsection, the term `cost'
means the total value of cash and non-cash contributions.''.
SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF
DEFENSE RESEARCH AND DEVELOPMENT FUNDS.
(a) Disclosure Requirements.--
(1) In general.--Chapter 139 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2374b. Disclosure requirements for recipients of research and
development funds
``(a) In General.--Except as provided in subsections (b)
and (c), an individual or entity (including a State or local
government) that uses funds received from the Department of
Defense to carry out research or development activities shall
include, in any public document pertaining to such activities,
a clear statement indicating the dollar amount of the funds
received from the Department for such activities.
``(b) Exception.--The disclosure requirement under
subsection (a) shall not apply to a public document consisting
of fewer than 280 characters.
``(c) Waiver.--The Secretary of Defense may waive the
disclosure requirement under subsection (a) on a case-by-case
basis.
``(d) Public Document Defined.--In this section, the term
`public document' means any document or other written statement
made available for public reference or use, regardless of
whether such document or statement is made available in hard
copy or electronic format.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2374b. Disclosure requirements for recipients of research and
development funds.''.
(b) Effective Date and Applicability.--The amendments made
by subsection (a) shall take effect on October 1, 2021, and
shall apply with respect to funds for research and development
that are awarded by the Department of Defense on or after that
date.
SEC. 213. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES AND
PILOT PROGRAM ON STRENGTHENING THE DEFENSE
INDUSTRIAL AND INNOVATION BASE.
(a) National Security Innovation Activities.--Section 230
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) by striking subsection (h);
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(3) by inserting after subsection (d) the following
new subsection:
``(e) Advisory Assistance.--
``(1) In general.--The Under Secretary shall
establish a mechanism to seek advice from existing
Federal advisory committees on matters relating to--
``(A) the implementation and prioritization
of activities established under subsection (a);
and
``(B) determining how such activities may
be used to support the overall technology
strategy of the Department of Defense.
``(2) Existing federal advisory committees
defined.--In this subsection, the term `existing
Federal advisory committee' means an advisory committee
that--
``(A) is established pursuant to a
provision of Federal law other than this
section; and
``(B) has responsibilities relevant to the
activities established under subsection (a), as
determined by the Under Secretary.''; and
(4) in paragraph (1) of subsection (g) (as so
redesignated) by striking ``strengthening manufacturing
in the defense industrial base'' and inserting
``strengthening the defense industrial and innovation
base''.
(b) Plan.--Not later than April 1, 2021, the Under
Secretary of Defense for Research and Engineering shall submit
to the congressional defense committees a plan that describes--
(1) the mechanism the Under Secretary will use to
seek advice from existing Federal advisory committees
as required under section 230(e) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2358 note) (as added by
subsection (a) of this section); and
(2) the expected roles and responsibilities of such
committees with respect to advising the Under Secretary
on the activities established under section 230 of such
Act.
(c) Pilot Program on Defense Industrial and Innovation
Base.--Section 1711 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2505 note)
is amended--
(1) in the section heading, by striking
``manufacturing in the defense industrial base'' and
inserting ``the defense industrial and innovation
base'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting ``and the defense innovation
base'' after ``industrial base'';
(B) in paragraph (1), by inserting
``development, prototyping, and manufacturing''
before ``production''; and
(C) in paragraph (2), by striking
``manufacturing and production'' and inserting
``development, prototyping, and
manufacturing'';
(3) in subsection (b)--
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following new paragraph:
``(2) Section 230 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 2358 note).'';
(4) in subsection (c)--
(A) in paragraph (1), by striking
``manufacturing and production'' and inserting
``development, prototyping, and
manufacturing'';
(B) in paragraph (3), by striking
``manufacturing and production'';
(C) in paragraph (4), by striking
``manufacturers'' and inserting ``companies'';
and
(D) in paragraph (5), by striking
``manufacturers'' and inserting ``companies'';
(5) in subsection (d), by striking ``the date that
is four years after the date of the enactment of this
Act'' and inserting ``December 31, 2026''; and
(6) in subsection (e), by striking ``January 31,
2022'' and inserting ``January 31, 2027''.
SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY
RESEARCH AND DEVELOPMENT PROGRAM.
Section 234 of the John S. McCain National Defense
Authorization Act for Fiscal year 2019 (Public Law 115-232; 10
U.S.C. 2358 note) is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Use of Quantum Computing Capabilities.--The Secretary
of each military department shall--
``(1) develop and annually update a list of
technical problems and research challenges which are
likely to be addressable by quantum computers available
for use within in the next one to three years, with a
priority for technical problems and challenges where
quantum computing systems have performance advantages
over traditional computing systems, in order to enhance
the capabilities of such quantum computers and support
the addressing of relevant technical problems and
research challenges; and
``(2) establish programs and enter into agreements
with appropriate medium and small businesses with
functional quantum computing capabilities to provide
such private sector capabilities to government,
industry, and academic researchers working on relevant
technical problems and research activities.''.
SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP.
Section 219 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is
amended--
(1) in subsection (c)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4); and
(2) by adding at the end the following new
subsection:
``(d) Directed Energy Working Group.--
``(1) In general.--Not later than 60 days after the
date of the enactment of the National Defense
Authorization Act for fiscal year 2021, the Secretary
of Defense shall establish a working group to be known
as the `Directed Energy Working Group'.
``(2) Responsibilities.--The Directed Energy
Working Group shall--
``(A) analyze and evaluate the current and
planned directed energy programs of each of the
military departments;
``(B) make recommendations to the Secretary
of Defense--
``(i) describing how memoranda of
understanding may be used to coordinate
the directed energy activities
conducted by the Department of Defense
using amounts authorized to be
appropriated for research, development,
test, and evaluation; and
``(ii) proposing the establishment
of specific memoranda of understanding
between individual organizations and
elements of the Department of Defense
to facilitate such coordination;
``(C) identify methods of quickly fielding
directed energy capabilities and programs; and
``(D) develop a compendium on the
effectiveness of directed energy weapon systems
and integrate the compendium into an overall
Joint Effectiveness Manual under the guidance
from the Joint Technical Coordination Group for
Munitions Effectiveness.
``(3) Head of working group.--The head of the
Directed Energy Working Group shall be the Under
Secretary of Defense for Research and Engineering or
the designee of the Under Secretary.
``(4) Membership.--The members of the Directed
Energy Working Group shall be appointed as follows:
``(A) One member from each military
department, appointed by the Secretary of the
military department concerned.
``(B) One member appointed by the Under
Secretary of Defense for Research and
Engineering.
``(C) One member appointed by the Under
Secretary of Defense for Acquisition and
Sustainment.
``(D) One member appointed by the Director
of the Strategic Capabilities Office of the
Department of Defense.
``(E) One member appointed by the Director
of the Defense Advanced Research Projects
Agency.
``(F) One member appointed by the Director
of Operational Test and Evaluation.
``(G) One member appointed by the Director
of the Missile Defense Agency.
``(H) Such other members as may be
appointed by the Secretary of Defense from
among individuals serving in the Department of
Defense.
``(5) Deadline for appointment.--Members of the
Directed Energy Working Group shall be appointed not
later than 30 days after the date of the establishment
of the working group under paragraph (1).
``(6) Briefings to congress.--Not later than 180
days after the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021, and not less frequently than once
every 180 days thereafter, the Directed Energy Working
Group shall provide to the congressional defense
committees a briefing on the progress of each directed
energy program that is being adopted or fielded by the
Department of Defense.
``(7) Termination.--The Directed Energy Working
Group established under this subsection shall terminate
4 years after the date of the enactment of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021.''.
SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS
OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 233 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2358 note) is amended--
(1) in subsection (e), by striking ``2022'' and
inserting ``2027''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as
follows:
``(1) In general.--Not later than one year after
the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, the Secretary of Defense shall submit
to the congressional defense committees a report on the
status of the pilot program.''; and
(B) in paragraph (2), by adding at the end
the following new subparagraph:
``(F) With respect to any military
department not participating in the pilot
program, an explanation for such
nonparticipation, including identification of--
``(i) any issues that may be
preventing such participation; and
``(ii) any offices or other
elements of the Department of Defense
that may be responsible for the delay
in participation.''.
(b) Technical Amendment.--Effective as of December 23,
2016, and as if included therein as enacted, section
233(c)(2)(C)(ii) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is
amended by striking ``Assistant Secretary of the Army for
Acquisition, Technology, and Logistics'' and inserting
``Assistant Secretary of the Army for Acquisition, Logistics,
and Technology''.
(c) Extension of Pilot Program to Improve Incentives for
Technology Transfer From Department of Defense Laboratories.--
Subsection (e) of section 233 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2514 note) is amended to read as follows:
``(e) Sunset.--The pilot program under this section shall
terminate on September 30, 2025.''.
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY AREAS
SUPPORTIVE OF THE NATIONAL DEFENSE STRATEGY.
(a) Designation of Senior Officials.--The Under Secretary
of Defense for Research and Engineering shall--
(1) identify technology areas that the Under
Secretary considers critical for the support of the
National Defense Strategy; and
(2) for each such technology area, designate a
senior official of the Department of Defense to
coordinate research and engineering activities in that
area.
(b) Duties.--The duties of each senior official designated
under subsection (a) shall include, with respect to the
technology area overseen by such official--
(1) developing and continuously updating research
and technology development roadmaps, funding
strategies, and technology transition strategies to
ensure--
(A) the effective and efficient development
of new capabilities in the area; and
(B) the operational use of appropriate
technologies;
(2) conducting annual assessments of workforce,
infrastructure, and industrial base capabilities and
capacity to support--
(A) the roadmaps developed under paragraph
(1); and
(B) the goals of the National Defense
Strategy;
(3) reviewing the relevant research and engineering
budgets of appropriate organizations within the
Department of Defense, including the Armed Forces, and
advising the Under Secretary on--
(A) the consistency of the budgets with the
roadmaps developed under paragraph (1);
(B) any technical and programmatic risks to
the achievement of the research and technology
development goals of the National Defense
Strategy;
(C) programs, projects, and activities that
demonstrate--
(i) unwanted or inefficient
duplication, including duplication with
activities of other government agencies
and the commercial sector;
(ii) lack of appropriate
coordination with other organizations;
or
(iii) inappropriate alignment with
organizational missions and
capabilities;
(4) coordinating the research and engineering
activities of the Department with appropriate
international, interagency, and private sector
organizations; and
(5) tasking appropriate intelligence agencies of
the Department to develop a direct comparison between
the capabilities of the United States in the technology
area concerned and the capabilities of adversaries of
the United States in that area.
(c) Annual Reports.--
(1) In general.--Not later than December 1, 2021,
and not later than December 1 of each year thereafter
through December 1, 2025, the Under Secretary shall
submit to the congressional defense committees a report
on research and engineering activities and on the
status of the technology areas identified under
subsection (a)(1), including a description of any
programs, projects, or activities in such areas, that
have, in the year preceding the date of the report--
(A) achieved significant technical
progress;
(B) transitioned from the research and
development phase to formal acquisition
programs;
(C) transitioned from the research and
development phase into operational use; or
(D) been transferred from the Department of
Defense to private sector organizations for
further commercial development or commercial
sales.
(2) Form.--Each report under paragraph (1) shall
submitted in unclassified form that can be made
available to the public, but may include a classified
annex.
(d) Coordination of Research and Engineering Activities.--
The Service Acquisition Executive for each military department
and the Director of the Defense Advanced Research Projects
Agency shall each identify senior officials to ensure
coordination of appropriate research and engineering activities
with each of the senior officials designated under subsection
(a).
(e) Conforming Amendments.--Section 218 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a) by striking the second
sentence and inserting ``The Office shall carry out the
program and activities described in subsections (b) and
(c) and shall have such other responsibilities relating
to hypersonics as the Secretary shall specify'';
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(4) in subsection (b)(1), as so redesignated, by
striking ``provide the Office with'' and all that
follows through the period at the end and inserting
``provide the Office with foundational and applied
hypersonic research, development, and workforce support
in areas that the Office determines to be relevant for
the Department of Defense.'';
(5) in subsection (c), as so redesignated--
(A) in the matter preceding paragraph (1),
by striking ``In carrying out the program
required by subsection (b), the Office'' and
inserting ``The Office'';
(B) by amending paragraph (1) to read as
follows:
``(1) Expedite testing, evaluation, and acquisition
of hypersonic technologies to meet the stated needs of
the warfighter, including flight testing, ground-based-
testing, and underwater launch testing.'';
(C) by striking paragraphs (2) and (3);
(D) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (2), (3), (4), and
(6), respectively;
(E) by amending paragraph (2), as so
redesignated, to read as follows:
``(2) Ensure prototyping demonstration programs on
hypersonic systems integrate advanced technologies to
speed the maturation and deployment of future
hypersonic systems.'';
(F) by amending paragraph (3), as so
redesignated, to read as follows:
``(3) Ensure that any demonstration program on
hypersonic systems is carried out only if determined to
be consistent with the roadmap for the relevant
critical technology area supportive of the National
Defense Strategy, as developed by the senior official
with responsibility for such area under section 217 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021.'';
(G) by amending paragraph (4), as so
redesignated, to read as follows:
``(4) Develop strategies and roadmaps for
hypersonic technologies to enable the transition of
such technologies to future operational capabilities
for the warfighter.'';
(H) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Develop and implement a strategy for
enhancing the current and future hypersonics
workforce.''; and
(I) by amending paragraph (6), as so
redesignated, to read as follows:
``(6) Coordinate with relevant stakeholders and
agencies to support the technological advantage of the
United States in developing hypersonic systems.''.
SEC. 218. EXECUTIVE AGENT FOR AUTONOMY.
(a) In General.--Not later than February 1, 2022, the
Secretary of the Navy shall designate an existing program
executive officer from within the Department of the Navy to
serve as the acquisition executive agent for autonomy who shall
be the official within the Department with primary
responsibility for the acquisition of autonomous technology.
The officer designated as acquisition executive agent for
autonomy shall carry out the responsibilities of such position
in addition to the responsibilities otherwise assigned to such
officer as a program executive officer.
(b) Program Executive Officer Defined.--In this section,
the term ``program executive officer'' has the meaning given
that term in section 1737(a)(4) of title 10, United States
Code.
SEC. 219. NATIONAL SECURITY INNOVATION PARTNERSHIPS.
(a) Establishment.--The Secretary of Defense shall
establish an activity--
(1) to support partnerships between the Department
of Defense and academic institutions, private sector
firms in defense and commercial sectors, commercial
accelerators and incubators, commercial innovation
hubs, public sector organizations, and nonprofit
entities with missions relating to national security
innovation;
(2) to expand the national security innovation
base, including through engagement with academia,
defense industry, commercial industry, government
organizations, and the venture capital community;
(3) to accelerate the transition of technologies
and services into acquisition programs and operational
use;
(4) to work in coordination with the Under
Secretary of Defense for Personnel and Readiness, other
organizations within the Office of the Secretary, and
the Armed Forces to create new pathways and models of
national security service that facilitate employment
within the Department;
(5) to facilitate engagement with entities
described in paragraph (1) for the purpose of
developing solutions to national security and defense
problems articulated by entities within the Department,
including through programs such as the Hacking for
Defense program;
(6) to establish physical locations throughout the
United States to support partnerships with academic,
government, and private sector industry partners; and
(7) to enhance the capabilities of the Department
in market research, industrial and technology base
awareness, source selection, partnerships with private
sector capital, and access to commercial technologies.
(b) Authorities.--In addition to the authorities provided
under this section, in carrying out this section, the Secretary
of Defense may use the following authorities:
(1) Section 1599g of title 10, United States Code,
relating to public-private talent exchanges.
(2) Section 2368 of title 10, United States Code,
relating to Centers for Science, Technology, and
Engineering Partnerships.
(3) Section 2374a of title 10, United States Code,
relating to prizes for advanced technology
achievements.
(4) Section 2474 of title 10, United States Code,
relating to Centers of Industrial and Technical
Excellence.
(5) Section 2521 of title 10, United States Code,
relating to the Manufacturing Technology Program.
(6) Subchapter VI of chapter 33 of title 5, United
States Code, relating to assignments to and from
States.
(7) Chapter 47 of title 5, United States Code,
relating to personnel research programs and
demonstration projects.
(8) Section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) and section
6305 of title 31, United States Code, relating to
cooperative research and development agreements.
(9) Such other authorities as the Secretary
considers appropriate.
(c) Implementation.--
(1) Support from other department of defense
organizations.--The Secretary of Defense may direct
other organizations and elements of the Department of
Defense to provide personnel, resources, and other
support to the activity established under this section,
as the Secretary determines appropriate.
(2) Implementation plan.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Secretary of Defense shall submit to the
congressional defense committees a plan for
implementing the activity established under
this section.
(B) Elements.--The plan required under
subparagraph (A) shall include the following:
(i) Plans that describe any support
that will be provided for the activity
by other organizations and elements of
the Department of Defense under
paragraph (1).
(ii) Plans for the implementation
of the activity, including plans for--
(I) future funding and
administrative support of the
activity;
(II) integration of the
activity into the programming,
planning, budgeting, and
execution process of the
Department of Defense;
(III) integration of the
activity with the other
programs and initiatives within
the Department that have
missions relating to innovation
and outreach to the academic
and the private sector ; and
(IV) performance indicators
by which the activity will be
assessed and evaluated.
(iii) A description of any
additional authorities the Secretary
may require to effectively carry out
the responsibilities under this
section.
SEC. 220. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION SCIENCE
RESEARCH ACTIVITIES.
(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall carry out a program of research and
development in social science, management science, and
information science.
(b) Purposes.--The purposes of the program under subsection
(a) are as follows:
(1) To ensure that the Department of Defense has
access to innovation and expertise in social science,
management science, and information science to enable
the Department to improve the effectiveness,
efficiency, and agility of the Department's operational
and management activities.
(2) To develop and manage a portfolio of research
initiatives in fundamental and applied social science,
management science, and information science that is
stable, consistent, and balanced across relevant
disciplines.
(3) To enhance cooperation and collaboration on
research and development in the fields of social
science, management science, and information science
between the Department of Defense and appropriate
private sector and international entities that are
involved in research and development in such fields.
(4) To accelerate the development of a research
community and industry to support Department of Defense
missions in the fields of social science, management
science, and information science, including the
development of facilities, a workforce, infrastructure,
and partnerships in support of such missions.
(5) To coordinate all research and development
within the Department of Defense in the fields of
social science, management science, and information
science.
(6) To collect, synthesize, and disseminate
critical information on research and development in the
fields of social science, management science, and
information science.
(7) To assess and appropriately share, with other
departments and agencies of the Federal Government and
appropriate entities in the private sector--
(A) challenges within the Department of
Defense that may be addressed through the
application of advances in social science,
management science, and information science;
and
(B) datasets related to such challenges.
(8) To support the identification of organizational
and institutional barriers to the implementation of
management and organizational enhancements and best
practices.
(9) To accelerate efforts--
(A) to transition, and deploy within the
Department of Defense, technologies and
concepts derived from research and development
in the fields of social science, management
science, and information science; and
(B) to establish policies, procedures, and
standards for measuring the success of such
efforts.
(10) To integrate knowledge from cross-disciplinary
research on--
(A) how factors relating to social science,
management science, and information science
affect the global security environment; and
(B) best practices for management in the
public and private sectors.
(11) To apply principles, tools, and methods from
social science, management science, and information
science--
(A) to ensure the Department of Defense is
more agile, efficient, and effective in
organizational management and in deterring and
countering current and emerging threats; and
(B) to support the National Defense
Strategy.
(c) Administration.--The Under Secretary of Defense for
Research and Engineering shall supervise the planning,
management, and coordination of the program under subsection
(a).
(d) Activities.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Under
Secretary of Defense for Policy, the Secretaries of the
military departments, and the heads of relevant Defense
Agencies, shall--
(1) prescribe a set of long-term challenges and a
set of specific technical goals for the program,
including--
(A) optimization of analysis of national
security data sets;
(B) development of innovative defense-
related management activities;
(C) improving the operational use of social
science, management science, and information
science innovations by military commanders and
civilian leaders;
(D) improving understanding of the
fundamental social, cultural, and behavioral
forces that shape the strategic interests of
the United States; and
(E) developing a Department of Defense
workforce capable of developing and leveraging
innovations and best practices in the fields of
social science, management science, and
information science to support defense
missions;
(2) develop a coordinated and integrated research
and investment plan for meeting near-term, mid-term,
and long-term national security, defense-related, and
Departmental management challenges that--
(A) includes definitive milestones;
(B) provides for achieving specific
technical goals;
(C) establishes pathways to address the
operational and management missions of the
Department through--
(i) the evaluation of innovations
and advances in social science,
management science, and information
science for potential implementation
within the Department; and
(ii) implementation of such
innovations and advances within the
Department, as appropriate; and
(C) builds upon the investments of the
Department, other departments and agencies of
the Federal Government, and the commercial
sector in the fields of social science,
management science, and information science;
(3) develop plans for--
(A) the development of the Department's
workforce in social science, management
science, and information science; and
(B) improving awareness of--
(i) the fields of social science,
management science, and information
science;
(ii) advances and innovations in
such fields; and
(iii) and the ability of such
advances and innovations to enhance the
efficiency and effectiveness of the
Department; and
(4) develop memoranda of agreement, joint funding
agreements, and such other cooperative arrangements as
the Under Secretary determines necessary--
(A) to carry out the program under
subsection (a); and
(B) to transition appropriate products,
services, and innovations relating social
science, management science, and information
science into use within the Department.
(e) Guidance Required.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Under Secretary
of Defense for Research and Engineering shall develop
and issue guidance for defense-related social science,
management science, and information science activities,
including--
(A) classification and data management
plans for such activities;
(B) policies for control of personnel
participating in such activities to protect
national security interests; and
(C) ensuring that research findings and
innovations in the fields of social science,
management science, and information science are
incorporated into the activities and strategic
documents of the Department.
(2) Updates.--The Under Secretary of Defense for
Research and Engineering shall regularly update the
guidance issued under paragraph (1).
(f) Designation of Entity.--The Secretary of each military
department may establish or designate an entity or activity
under the jurisdiction of such Secretary, which may include a
Department of Defense Laboratory, an academic institution, or
another appropriate organization, to support interdisciplinary
research and development activities in the fields of social
science, management science, and information science, and
engage with appropriate public and private sector
organizations, including academic institutions, to enhance and
accelerate the research, development, and deployment of social
science, management science, and information science within the
Department.
(g) Use of Other Authority.--The Secretary of Defense shall
use the authority provided under section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 2358 note) to enhance the ability of the
Department of Defense to access technical talent and expertise
at academic institutions in support of the purposes of this
section.
(h) Report.--
(1) In general.--Not later than December 31, 2022,
the Secretary of Defense shall submit to the
congressional defense committees a report on the
program under subsection (a).
(2) Form of report.--The report required under
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Cost Assessments.--
(1) Initial cost estimate.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of the Air Force, in consultation with the
Director of Cost Assessment and Program Evaluation,
shall--
(A) define key technical, programmatic, and
operational characteristics for the Advanced
Battle Management System; and
(B) produce an initial cost estimate for
the System that includes--
(i) estimated costs for each
product category described in the
report submitted to Congress under
section 236 the National Defense
Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1281);
and
(ii) a description of each cost
estimating methodology used in the
preparation of the estimate.
(2) Review and report.--Not later than 120 days
after the completion of the estimate required under
paragraph (1), the Air Force Cost Analysis Agency
shall--
(A) conduct a non-advocate cost assessment
of the estimate; and
(B) submit to the congressional defense
committees and the Government Accountability
Office a report on the results of the
assessment.
(b) Program Update Briefings.--
(1) In general.--Beginning not later than January
1, 2021, and on a quarterly basis thereafter, the
Secretary of the Air Force shall provide to the
congressional defense committees a program update
briefing on the Advanced Battle Management System and
all associated technologies.
(2) Elements.--Each briefing under paragraph (1)
shall include--
(A) a detailed explanation of any on-ramp
exercise of the Advanced Battle Management
System conducted during the quarter covered by
the report, including an explanation of--
(i) the objectives achieved by the
exercise and any data collected for the
purposes of decision making;
(ii) identification of the portions
of the exercise that were scripted and
unscripted and any technical
workarounds or substitutes used for
purposes of the exercise; and
(iii) the interim capabilities
provided to combatant commanders after
the conclusion of the exercise
(commonly known as ``leave behind''
capabilities) and a plan for the
sustainment or upgrade of such
capabilities; and
(iv) the total cost of the exercise
and a breakdown of the costs with
respect to technology, range and
demonstration resources, personnel, and
logistics; and
(B) such other information as the Secretary
of the Air Force determines appropriate.
(c) Report on Security and Resiliency Measures.--At the
same time as the budget of the President for fiscal year 2022
is submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Secretary of the Air Force shall
submit to the congressional defense committees a report that
describes how the Secretary plans to ensure the security and
resiliency of the Advanced Battle Management System, including
a description of any information assurance and anti-tamper
requirements for the System.
(d) Additional Report and Briefings.--Not later than April
1, 2021, the Secretary of the Air Force shall submit to the
congressional defense committees the following:
(1) Report on planned capabilities.--A report on
the planned product line capabilities of the Advanced
Battle Management System, including--
(A) a description of the technologies
needed to implement and achieve such product
line capabilities;
(B) a timeline for the technical maturation
of such product line capabilities; and
(C) a notional schedule for fielding such
product line capabilities over the period
covered by the most recent future-years defense
program submitted under section 221 of title
10, United States Code, as of the date of the
report.
(2) Briefing on acquisition authorities.--A
briefing on the allocation of responsibilities among
the individuals and entities responsible for
acquisition for the Advanced Battle Management System,
including an explanation of how decision-making and
governance of the acquisition process is allocated
among the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, the Chief
Architect Integration Office, the Air Force Warfighting
Integration Capability, and other entities within the
Department of the Air Force that are expected provide
capabilities for the System.
(3) Briefing on alignment with common mission
control center.--A briefing, which may be provided in
classified or unclassified form, that explains how, and
to what extent, the Advanced Battle Management System
will be aligned and coordinated with the Common Mission
Control Center of the Air Force.
(e) Advanced Battle Management System Defined.--In this
section, the term ``Advanced Battle Management System'' has the
meaning given that term in section 236(c) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1281).
(f) Conforming Repeal.--Section 147(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1670) is repealed.
SEC. 222. ACTIVITIES TO IMPROVE FIELDING OF AIR FORCE HYPERSONIC
CAPABILITIES.
(a) Improvement of Ground-based Test Facilities.--The
Secretary of Defense shall take such actions as may be
necessary to improve ground-based test facilities used for the
research, development, test, and evaluation of hypersonic
capabilities.
(b) Increasing Flight Test Rate.--The Secretary of Defense
shall increase the rate at which hypersonic capabilities are
flight tested to expedite the maturation and fielding of such
capabilities.
(c) Strategy and Plan.--Not later than 60 days after the
date of the enactment of this Act, the Chief of Staff of the
Air Force, in consultation with the Under Secretary of Defense
for Research and Engineering, shall submit to the congressional
defense committees a strategy and plan for fielding air-
launched and air-breathing hypersonic weapons capabilities
within the period of three years following such date of
enactment.
(d) Report.--In addition to the strategy and plan required
under subsection (c), not later than 60 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in consultation with the Director of
Operational Test and Evaluation, shall submit to the
congressional defense committees a report on the testing
capabilities and infrastructure used for hypersonic weapons
development. The report shall include--
(1) an assessment of the sufficiency of the testing
capabilities and infrastructure used for fielding
hypersonic weapons; and
(2) a description of any investments in testing
capabilities and infrastructure that may be required to
support in-flight and ground-based testing for such
weapons.
SEC. 223. DISCLOSURE OF FUNDING SOURCES IN APPLICATIONS FOR FEDERAL
RESEARCH AND DEVELOPMENT AWARDS.
(a) Disclosure Requirement.--Each Federal research agency
shall require, as part of any application for a research and
development award from such agency--
(1) that each covered individual listed on the
application--
(A) disclose the amount, type, and source
of all current and pending research support
received by, or expected to be received by, the
individual as of the time of the disclosure;
(B) certify that the disclosure is current,
accurate, and complete; and
(C) agree to update such disclosure at the
request of the agency prior to the award of
support and at any subsequent time the agency
determines appropriate during the term of the
award; and
(2) that any entity applying for such award certify
that each covered individual who is employed by the
entity and listed on the application has been made
aware of the requirements under paragraph (1).
(b) Consistency.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council and in accordance with the authority
provided under section 1746(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 42
U.S.C. 6601 note) shall ensure that the requirements issued by
Federal research agencies under subsection (a) are consistent.
(c) Enforcement.--
(1) Rejection for violation of law or agency
terms.--A Federal research agency may reject an
application for a research and development award if the
current and pending research support disclosed by an
individual under subsection (a) violates Federal law or
agency terms and conditions.
(2) Enforcement for noncompliance.--Subject to
paragraph (3), in the event that a covered individual
listed on an entity's application for a research and
development award knowingly fails to disclose
information under subsection (a), a Federal research
agency may take one or more of the following actions:
(A) Reject the application.
(B) Suspend or terminate a research and
development award made by that agency to the
individual or entity.
(C) Temporarily or permanently discontinue
any or all funding from that agency for the
individual or entity.
(D) Temporarily or permanently suspend or
debar the individual or entity in accordance
with part 180 of title 2, Code of Federal
Regulations, any successor regulation, or any
other appropriate law or regulation, from
receiving government funding.
(E) Refer the failure to disclose under
subsection (a) to the Inspector General of the
agency concerned for further investigation or
to Federal law enforcement authorities to
determine whether any criminal or civil laws
were violated.
(F) Place the individual or entity in the
Federal Awardee Performance and Integrity
Information System for noncompliance to alert
other agencies.
(G) Take such other actions against the
individual or entity as are authorized under
applicable law or regulations.
(3) Special rule for enforcement against
entities.--An enforcement action described in paragraph
(2) may be taken against an entity only in a case in
which--
(A) the entity did not meet the
requirements of subsection (a)(2);
(B) the entity knew that a covered
individual failed to disclose information under
subsection (a)(1) and the entity did not take
steps to remedy such nondisclosure before the
application was submitted; or
(C) the head of the Federal research agency
concerned determines that--
(i) the entity is owned,
controlled, or substantially influenced
by a covered individual; and
(ii) such individual knowingly
failed to disclose information under
subsection (a)(1).
(4) Notice.--A Federal research agency that intends
to take action under paragraph (1) or (2) shall, as
practicable and in accordance with part 180 of title 2,
Code of Federal Regulations, any successor regulation,
or any other appropriate law or regulation, notify each
individual or entity subject to such action about the
specific reason for the action, and shall provide such
individuals and entities with the opportunity to, and a
process by which, to contest the proposed action.
(5) Evidentiary standards.--A Federal research
agency seeking suspension or debarment under paragraph
(2)(D) shall abide by the procedures and evidentiary
standards set forth in part 180 of title 2, Code of
Federal Regulations, any successor regulation, or any
other appropriate law or regulation.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an
individual who--
(A) contributes in a substantive,
meaningful way to the scientific development or
execution of a research and development project
proposed to be carried out with a research and
development award from a Federal research
agency; and
(B) is designated as a covered individual
by the Federal research agency concerned.
(2) The term ``current and pending research
support''--
(A) means all resources made available, or
expected to be made available, to an individual
in support of the individual's research and
development efforts, regardless of--
(i) whether the source of the
resource is foreign or domestic;
(ii) whether the resource is made
available through the entity applying
for a research and development award or
directly to the individual; or
(iii) whether the resource has
monetary value; and
(B) includes in-kind contributions
requiring a commitment of time and directly
supporting the individual's research and
development efforts, such as the provision of
office or laboratory space, equipment,
supplies, employees, or students.
(3) The term ``entity'' means an entity that has
applied for or received a research and development
award from a Federal research agency.
(4) The term ``Federal research agency'' means any
Federal agency with an annual extramural research
expenditure of over $100,000,000.
(5) The term ``research and development award''
means support provided to an individual or entity by a
Federal research agency to carry out research and
development activities, which may include support in
the form of a grant, contract, cooperative agreement,
or other such transaction. The term does not include a
grant, contract, agreement or other transaction for the
procurement of goods or services to meet the
administrative needs of a Federal research agency.
SEC. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE
DEPARTMENT OF DEFENSE.
(a) Transition of 5G Wireless Networking to Operational
Use.--
(1) Transition plan required.--The Under Secretary
of Defense for Research and Engineering, in
consultation with the cross functional team established
under subsection (c), shall develop a plan to
transition fifth-generation (commonly known as ``5G'')
wireless technology to operational use within the
Department of Defense.
(2) Elements.--The transition plan under paragraph
(1) shall include the following:
(A) A timeline for the transition of
responsibility for 5G wireless networking to
the Chief Information Officer, as required
under subsection (b)(1).
(B) A description of the roles and
responsibilities of the organizations and
elements of the Department of Defense with
respect to the acquisition, sustainment, and
operation of 5G wireless networking for the
Department, as determined by the Secretary of
Defense in accordance with subsection (d).
(3) Interim briefing.--Not later than March 31,
2021 the Secretary of Defense shall provide to the
congressional defense committees a briefing on the
status of the plan required under paragraph (1).
(4) Final report.--Not later than September 30,
2021, the Secretary of Defense shall submit to the
congressional defense committees a report that includes
the plan developed under paragraph (1).
(b) Senior Official for 5G Wireless Networking.--
(1) Designation of chief information officer.--Not
later than October 1, 2023, the Secretary of Defense
shall designate the Chief Information Officer as the
senior official within Department of Defense with
primary responsibility for--
(A) policy, oversight, guidance, research,
and coordination on matters relating to 5G
wireless networking; and
(B) making proposals to the Secretary on
governance, management, and organizational
policy for 5G wireless networking.
(2) Role of under secretary of defense for research
and engineering.--The Under Secretary of Defense for
Research and Engineering shall carry out the
responsibilities specified in paragraph (1) until the
date on which the Secretary of Defense designates the
Chief Information Officer as the senior official
responsible for 5G wireless networking under such
paragraph.
(c) Cross-functional Team for 5G Wireless Networking.--
(1) Establishment.--Using the authority provided
under section 911(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 111 note), the Secretary of Defense
shall establish a cross-functional team for 5G wireless
networking.
(2) Duties.--The duties of the cross-functional
team established under paragraph (1) shall be--
(A) to assist the Secretary of Defense in
determining the roles and responsibilities of
the organizations and elements of the
Department of Defense with respect to the
acquisition, sustainment, and operation of 5G
wireless networking, as required under
subsection (d);
(B) to assist the senior official
responsible for 5G wireless networking in
carrying out the responsibilities assigned to
such official under subsection (b);
(C) to oversee the implementation of the
strategy developed under section 254 of the
National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2223a
note) for harnessing 5G wireless networking
technologies, coordinated across all relevant
elements of the Department;
(D) to advance the adoption of commercially
available, next-generation wireless
communication technologies, capabilities,
security, and applications by the Department
and the defense industrial base; and
(E) to support public-private partnerships
between the Department and industry on matters
relating to 5G wireless networking;
(F) to coordinate research and development,
implementation and acquisition activities,
warfighting concept development, spectrum
policy, industrial policy and commercial
outreach and partnership relating to 5G
wireless networking in the Department, and
interagency and international engagement;
(G) to integrate the Department's 5G
wireless networking programs and policies with
major initiatives, programs, and policies of
the Department relating to secure
microelectronics and command and control; and
(H) to oversee, coordinate, execute, and
lead initiatives to advance 5G wireless network
technologies and associated applications
developed for the Department.
(3) Team leader.--The Under Secretary of Defense
for Research and Engineering shall lead the cross-
functional team established under paragraph (1) until
the date on which the Secretary of Defense designates
the Chief Information Officer as the senior official
responsible for 5G wireless networking as required
under subsection (b)(1). Beginning on the date of such
designation, the Chief Information Officer shall lead
the cross functional team.
(d) Determination of Organizational Roles and
Responsibilities.--The Secretary of Defense, acting through the
cross-functional team established under subsection (c), shall
determine the roles and responsibilities of the organizations
and elements of the Department of Defense with respect to the
acquisition, sustainment, and operation of 5G wireless
networking for the Department, including the roles and
responsibilities of the Office of the Secretary of Defense, the
intelligence components of the Department, Defense Agencies and
Department of Defense Field Activities, the Armed Forces,
combatant commands, and the Joint Staff.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a briefing on the progress
of the Secretary in--
(1) establishing the cross-functional team under
subsection (c); and
(2) determining the roles and responsibilities of
the organizations and elements of the Department of
Defense with respect to 5G wireless networking as
required under subsection (d).
(f) 5G Procurement Decisions.--Each Secretary of a military
department shall be responsible for decisions relating to the
procurement of 5G wireless technology for that department.
(g) Telecommunications Security Program.--
(1) Program required.--The Secretary of Defense
shall carry out a program to identify and mitigate
vulnerabilities in the 5G telecommunications
infrastructure of the Department of Defense.
(2) Elements.--In carrying out the program under
paragraph (1), the Secretary shall--
(A) develop a capability to communicate
clearly and authoritatively about threats by
foreign adversaries;
(B) conduct independent red-team security
analysis of systems, subsystems, devices, and
components of the Department of Defense
including no-knowledge testing and testing with
limited or full knowledge of expected
functionalities;
(C) verify the integrity of personnel who
are tasked with design fabrication,
integration, configuration, storage, test, and
documentation of noncommercial 5G technology to
be used by the Department;
(D) verify the efficacy of the physical
security measures used at Department locations
where system design, fabrication, integration,
configuration, storage, test, and documentation
of 5G technology occurs;
(E) direct the Chief Information Officer to
assess, using existing government evaluation
models and schema where applicable, 5G core
service providers whose services will be used
by the Department through the Department's
provisional authorization process; and
(F) direct the Defense Information Systems
Agency and the United States Cyber Command to
develop a capability for continuous,
independent monitoring of non-commercial,
government-transiting packet streams for 5G
data on frequencies assigned to the Department
to validate the availability, confidentiality,
and integrity of the Department's
communications systems.
(3) Implementation plan.--Not later than 90 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a plan
for the implementation of the program under paragraph
(1).
(4) Report.--Not later than 270 days after
submitting the plan under paragraph (3), the Secretary
of Defense shall submit to Congress a report that
includes--
(A) a comprehensive assessment of the
findings and conclusions of the program under
paragraph (1);
(B) recommendations on how to mitigate
vulnerabilities in the telecommunications
infrastructure of the Department of Defense;
and
(C) an explanation of how the Department
plans to implement such recommendations.
(h) Rule of Construction.--
(1) In general.--Nothing in this section shall be
construed as providing the Chief Information Officer
immediate responsibility for the activities of the
Department of Defense in fifth-generation wireless
networking experimentation and science and technology
development.
(2) Purview of experimentation and science and
technology development.--The activities described in
paragraph (1) shall remain within the purview of the
Under Secretary of Defense for Research and
Engineering, but shall inform and be informed by the
activities of the cross-functional team established
pursuant to subsection (c).
SEC. 225. DEMONSTRATION PROJECT ON USE OF CERTAIN TECHNOLOGIES FOR
FIFTH-GENERATION WIRELESS NETWORKING SERVICES.
(a) Demonstration Project.--The Secretary of Defense shall
carry out a demonstration project to evaluate the maturity,
performance, and cost of covered technologies to provide
additional options for providers of fifth-generation wireless
network services.
(b) Location.--The Secretary of Defense shall carry out the
demonstration project under subsection (a) in at least one
location where the Secretary plans to deploy a fifth-generation
wireless network.
(c) Coordination.--The Secretary shall carry out the
demonstration project under subsection (a) in coordination with
at least one major wireless network service provider based in
the United States.
(d) Covered Technologies Defined.--In this section, the
term ``covered technologies'' means--
(1) a disaggregated or virtualized radio access
network and core in which components can be provided by
different vendors and interoperate through open
protocols and interfaces, including those protocols and
interfaces utilizing the Open Radio Access Network
(commonly known as ``Open RAN'' or ``oRAN'') approach;
and
(2) one or more massive multiple-input, multiple-
output radio arrays, provided by one or more companies
based in the United States, that have the potential to
compete favorably with radios produced by foreign
companies in terms of cost, performance, and
efficiency.
SEC. 226. RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF TECHNOLOGIES TO
SUPPORT WATER SUSTAINMENT.
(a) In General.--The Secretary of Defense shall research,
develop, and deploy advanced water harvesting technologies to
support and improve water sustainment within the Department of
Defense and in geographic regions where the Department
operates.
(b) Required Activities.--In carrying out subsection (a),
the Secretary shall--
(1) develop advanced water harvesting systems that
reduce weight and logistics support needs compared to
conventional water supply systems, including--
(A) modular water harvesting systems that
are easily transportable; and
(B) trailer mounted water harvesting
systems that reduce resupply needs;
(2) develop and implement storage requirements for
water harvesting systems at forward operating bases;
and
(3) establish cross functional teams to identify
geographic regions where the deployment of water
harvesting systems could reduce conflict and
potentially eliminate the need for the presence of the
Armed Forces.
(c) Additional Activities.--In addition to the activities
required under subsection (b), the Secretary shall--
(1) seek to leverage existing water harvesting
techniques and technologies and apply such techniques
and technologies to military operations carried out by
the United States;
(2) consider using commercially available off-the-
shelf items (as defined in section 104 of title 41,
United States Code) and near-ready deployment
technologies to achieve cost savings and improve the
self sufficiency of warfighters; and
(3) seek to enter into information sharing
arrangements with foreign militaries and other
organizations that have the proven ability to operate
in water constrained areas for the purpose of sharing
lessons learned and best practices relating to water
harvesting.
(d) Implementation.--The Secretary shall deploy
technologies developed under subsection (b)(1) for use by
expeditionary forces not later than January 1, 2025.
(e) Water Harvesting Defined.--In this section, the term
``water harvesting'', when used with respect to a system or
technology, means a system or technology that is capable of
creating useable water by--
(1) harvesting water from underutilized
environmental sources, such as by capturing water from
ambient humidity; or
(2) recycling or otherwise reclaiming water that
has previously been used.
SEC. 227. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED VESSELS.
(a) Limitation.--Not less than 30 days before awarding a
contract using any funds from the Research, Development, Test,
and Evaluation, Navy account for the purchase of a covered
vessel, the Secretary of the Navy shall submit to the
congressional defense committees a report and certification
described in subsection (c) for such contract and covered
vessel.
(b) Covered Vessels.--For purposes of this section, a
covered vessel is one of the following:
(1) A large unmanned surface vessel (LUSV).
(2) A medium unmanned surface vehicle (MUSV).
(c) Report and Certification Described.--A report and
certification described in this subsection regarding a contract
for a covered vessel is--
(1) a report--
(A) submitted to the congressional defense
committees not later than 60 days after the
date of the completion of an independent
technical risk assessment for such covered
vessel;
(B) on the findings and recommendations of
the Senior Technical Authority for the class of
naval vessels that includes the covered vessel
with respect to such assessment; and
(C) that includes such assessment; and
(2) a certification, submitted to the congressional
defense committees with the report described in
paragraph (1), that certifies that--
(A) the Secretary has determined, in
conjunction with the Senior Technical Authority
for the class of naval vessels that includes
the covered vessel, that the critical mission,
hull, mechanical, and electrical subsystems of
the covered vessel--
(i) have been demonstrated in
vessel-representative form, fit, and
function; and
(ii) have achieved performance
levels equal to or greater than
applicable Department of Defense
threshold requirements for such class
of vessels or have maturation plans in
place to achieve such performance
levels prior to transition to a program
of record, including a detailed
description of such achieved
performance or maturation plans; and
(B) such contract is necessary to meet
Department research, development, test, and
evaluation objectives for such covered vessel
that cannot otherwise be met through further
land-based subsystem prototyping or other
demonstration approaches.
(d) Limitation on Weapon Integration.--
(1) In general.--The Secretary may not integrate
any offensive weapon system into a covered vessel until
the date that is 30 days after the date on which the
Secretary of the Defense certifies to the congressional
defense committees that such covered vessel--
(A) will comply with applicable laws,
including the law of armed conflict, with a
detailed explanation of how such compliance
will be achieved; and
(B) has been determined to be the most
appropriate surface vessel to meet applicable
offensive military requirements.
(2) Completion of analysis of alternatives
required.--A determination under paragraph (1)(B) shall
be made only after the completion of an analysis of
alternatives that--
(A) is described in subsection (e)(1); and
(B) supports such determination.
(e) Submittal of Analysis of Alternatives to Congress.--
(1) Analysis of alternatives required.--Not later
than one year after the date of the enactment of this
Act, the Secretary shall submit to the congressional
defense committees an analysis of alternatives
regarding covered vessels with an integrated offensive
weapon system and the most appropriate surface vessels
to meet applicable offensive military requirements.
(2) Contents.--The analysis submitted under
paragraph (1) shall include, at a minimum, the
following elements:
(A) Identification of capability needs
applicable to such covered vessels, including
offensive strike capability and capacity from
the Mark-41 vertical launch system.
(B) Projected threats.
(C) Projected operational environments.
(D) Projected operational concepts.
(E) Projected operational requirements.
(F) Status quo (baseline) and surface
vessel alternatives able to meet the capability
needs identified in subparagraph (A),
including--
(i) modified naval vessel designs,
including amphibious ships,
expeditionary fast transports, and
expeditionary sea bases;
(ii) modified commercial vessel
designs, including container ships and
bulk carriers;
(iii) new naval vessel designs; and
(iv) new commercial vessel designs.
(G) Vessel design, performance, and
measures of effectiveness of the baseline and
each alternative, including a description of
critical mission, hull, mechanical, and
electrical subsystems.
(H) Estimated research, development, test,
and evaluation cost of baseline and each
alternative.
(I) Estimated lead vessel and average
follow-on vessel procurement costs of baseline
and each alternative.
(J) Life-cycle costs of baseline and each
alternative.
(K) Life-cycle cost per baseline vessel and
each alternative vessel.
(L) Life-cycle cost per specified quantity
of baseline vessels and alternative vessels.
(M) Technology readiness assessment of
baseline and each alternative.
(N) Analysis of alternatives, including
relative cost and capability performance of
baseline and alternative vessels.
(O) Trade-off analysis.
(P) Sensitivity analysis.
(Q) Conclusions and recommendations, which
if the Secretary of Defense deems it
appropriate, shall include the determination
required under subsection (d)(1)(B).
(f) Definitions.--In this section:
(1) The term ``critical mission, hull, mechanical,
and electrical subsystems'', with respect to a covered
vessel, includes the following subsystems:
(A) Command, control, communications,
computers, intelligence, surveillance, and
reconnaissance.
(B) Autonomous vessel navigation, vessel
control, contact management, and contact
avoidance.
(C) Communications security, including
cryptopgraphy, encryption, and decryption.
(D) Main engines, including the lube oil,
fuel oil, and other supporting systems.
(E) Electrical generation and distribution,
including supporting systems.
(F) Military payloads.
(G) Any other subsystem identified as
critical by the Senior Technical Authority for
the class of naval vessels that includes the
covered vessel.
(2) The term ``Senior Technical Authority'' means,
with respect to a class of naval vessels, the Senior
Technical Authority designated for that class of naval
vessels under section 8669b of title 10, United States
Code.
Subtitle C--Artificial Intelligence and Emerging Technology
SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
Section 260(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1293) is
amended by adding at the end the following new paragraphs:
``(11) The results of an assessment, conducted
biannually, on the efforts of the Center and the
Department of Defense to develop or contribute to the
development of standards for artificial intelligence,
including--
``(A) a description of such efforts;
``(B) an evaluation of the need to
incorporate standards for artificial
intelligence into the strategies and doctrine
of the Department and a description of any
efforts undertaken to further the development
and adoption of such standards;
``(C) an explanation of any collaboration
on artificial intelligence standards
development with--
``(i) other organizations and
elements of the Department of Defense
(including the Defense Agencies and the
military departments);
``(ii) agencies of the Federal
Government;
``(iii) the intelligence community;
``(iv) representatives of the
defense industrial base and other
sectors of private industry; and
``(v) any other agencies, entities,
organizations, or persons the Secretary
considers appropriate; and
``(D) an explanation of any participation
by the Center and the Department of Defense in
international or other multi-stakeholder
standard-setting bodies.
``(12) For each member of the Armed Forces who
concluded a formal assignment supporting the Center in
the period of six months preceding the date of the
report, a position description of the billet that the
member transitioned into, as provided to the Center by
the Armed Force of the member within 30 days of
reassignment.
``(13) An annual update, developed in consultation
with the Armed Forces, on the status of active duty
members of the Armed Forces assigned to the Center.
This update shall include the following:
``(A) An assessment of the effectiveness of
such assignments in strengthening the ties
between the Center and the Armed Forces for the
purposes of--
``(i) identifying tactical and
operational use cases for artificial
intelligence;
``(ii) improving data collection
relating to artificial intelligence;
and
``(iii) establishing effective
lines of communication between the
Center and the Armed Forces to identify
and address concerns from the Armed
Forces relating to the widespread
adoption and dissemination of
artificial intelligence.
``(B) A description of any efforts
undertaken to create opportunities for
additional nontraditional broadening
assignments at the Center for members of the
Armed Forces on active duty.
``(C) An analysis of the career
trajectories of active duty members of the
Armed Forces assigned to the Center, including
any potential negative effects of such
assignment on the career trajectories of such
members.''.
SEC. 232. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH,
DEVELOPMENT, AND TRANSITION ACTIVITIES.
Section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2358 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting
``acquire,'' before ``develop''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Emphasis.--The set of activities established
under paragraph (1) shall include--
``(A) acquisition and development of mature
artificial intelligence technologies in support
of defense missions;
``(B) applying artificial intelligence and
machine learning solutions to operational
problems by directly delivering artificial
intelligence capabilities to the Armed Forces
and other organizations and elements of the
Department of Defense;
``(C) accelerating the development,
testing, and fielding of new artificial
intelligence and artificial intelligence-
enabling capabilities; and
``(D) coordinating and deconflicting
activities involving artificial intelligence
and artificial intelligence-enabled
capabilities within the Department.'';
(2) by striking subsection (e);
(3) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(4) by inserting after subsection (b) the following
new subsection:
``(c) Organization and Roles.--
``(1) Assignment of roles and responsibilities.--
``(A) In general.--In addition to
designating an official under subsection (b),
the Secretary of Defense shall assign to
appropriate officials within the Department of
Defense roles and responsibilities relating to
the research, development, prototyping,
testing, procurement of, requirements for, and
operational use of artificial intelligence
technologies.
``(B) Appropriate officials.--The officials
assigned roles and responsibilities under
subparagraph (A) shall include--
``(i) the Under Secretary of
Defense for Research and Engineering;
``(ii) the Under Secretary of
Defense for Acquisition and
Sustainment;
``(iii) the Director of the Joint
Artificial Intelligence Center;
``(iv) one or more officials in
each military department;
``(v) officials of appropriate
Defense Agencies; and
``(vi) such other officials as the
Secretary of Defense determines
appropriate.
``(2) Role of director of the joint artificial
intelligence center.--
``(A) Direct report to deputy secretary of
defense.--During the covered period, the
Director of the Joint Artificial Intelligence
Center shall report directly to the Deputy
Secretary of Defense without intervening
authority.
``(B) Continuation.--The Director of the
Joint Artificial Intelligence Center shall
continue to report to the Deputy Secretary of
Defense as described in subparagraph (A) after
the expiration of the covered period if, not
later than 30 days before such period expires,
the Deputy Secretary--
``(i) determines that the Director
should continue to report to Deputy
Secretary without intervening
authority; and
``(ii) transmits notice of such
determination to the congressional
defense committees.
``(C) Covered period defined.--In this
paragraph, the term `covered period' means the
period of two years beginning on the date of
the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act
for Fiscal Year 2021.'';
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), in the matter
preceding subparagraph (A), by inserting
``acquire,'' before ``develop'';
(B) in the heading of paragraph (2), by
striking ``development'' and inserting
``acquisition, development''; and
(C) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by striking ``To the
degree practicable, the designated
official'' and inserting ``The official
designated under subsection (b)'';
(ii) in subparagraph (A), by
striking ``development'' and inserting
``acquisition'';
(iii) by redesignating
subparagraphs (H) and (I) as
subparagraphs (J) and (K),
respectively; and
(iv) by inserting after
subparagraph (G), the following new
subparagraphs:
``(H) develop standard data formats for the
Department that--
``(i) aid in defining the relative
maturity of datasets; and
``(ii) inform best practices for
cost and schedule computation, data
collection strategies aligned to
mission outcomes, and dataset
maintenance practices;
``(I) establish data and model usage
agreements and collaborative partnership
agreements for artificial intelligence product
development with each organization and element
of the Department, including each of the Armed
Forces;'';
(6) in subsection (e), as so redesignated--
(A) by striking ``The Secretary shall'' and
inserting ``Not later than 180 days after the
date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act
for Fiscal Year 2021, the Secretary of Defense
shall issue regulations to'';
(B) by striking ``the coordination
described in subsection (b) and the duties set
forth in subsection (c)'' and inserting ``the
duties set forth in subsection (d)''; and
(C) by adding at the end the following new
sentence: ``At a minimum, such access shall
ensure that the Director of the Joint
Artificial Intelligence Center has the ability
to discover, access, share, and appropriately
reuse data and models of the Armed Forces and
other organizations and elements of the
Department of Defense, build and maintain
artificial intelligence capabilities for the
Department, and execute the duties assigned to
the Director by the Secretary.''; and
(7) by adding at the end the following new
subsection:
``(h) Joint Artificial Intelligence Center Defined.--In
this section, term `Joint Artificial Intelligence Center' means
the Joint Artificial Intelligence Center of the Department of
Defense established pursuant to the memorandum of the Secretary
of Defense dated June 27, 2018, and titled `Establishment of
the Joint Artificial Intelligence Center', or any successor to
such Center.''.
SEC. 233. BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL INTELLIGENCE
CENTER.
(a) Establishment.--The Secretary of Defense shall
establish a board of advisors for the Joint Artificial
Intelligence Center.
(b) Duties.--The duties of the board of advisors shall
include the following:
(1) Provide independent strategic advice and
technical expertise to the Secretary and the Director
on matters relating to the development and use of
artificial intelligence by the Department of Defense.
(2) Evaluate and advise the Secretary and the
Director on ethical matters relating to the development
and use of artificial intelligence by the Department.
(3) Conduct long-term and long-range studies on
matters relating to artificial intelligence, as
required.
(4) Evaluate and provide recommendations to the
Secretary and the Director regarding the Department's
development of a robust workforce proficient in
artificial intelligence.
(5) Assist the Secretary and the Director in
developing strategic level guidance on artificial
intelligence-related hardware procurement, supply-chain
matters, and other technical matters relating to
artificial intelligence.
(c) Membership.--The board of advisors shall be composed of
appropriate experts from academic or private sector
organizations outside the Department of Defense, who shall be
appointed by the Secretary.
(d) Chairperson.--The chairperson of the board of advisors
shall be selected by the Secretary.
(e) Meetings.--The board of advisors shall meet not less
than once each fiscal quarter and may meet at other times at
the call of the chairperson or a majority of its members.
(f) Reports.--Not later than September 30 of each year
through September 30, 2024, the board of advisors shall submit
to the congressional defense committees a report that
summarizes the activities of the board over the preceding year.
(g) Definitions.--In this section:
(1) The term ``artificial intelligence'' has the
meaning given that term in section 238(g) of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
(2) The term ``Director'' means the Director of the
Joint Artificial Intelligence Center.
(3) The term ``Joint Artificial Intelligence
Center'' means the Joint Artificial Intelligence Center
of the Department of Defense established pursuant to
the memorandum of the Secretary of Defense dated June
27, 2018, and titled ``Establishment of the Joint
Artificial Intelligence Center'', or any successor to
such Center.
(4) The term ``Secretary'' means the Secretary of
Defense.
SEC. 234. APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE REFORM
PILLAR OF THE NATIONAL DEFENSE STRATEGY.
(a) Identification of Use Cases.--The Secretary of Defense,
acting through such officers and employees of the Department of
Defense as the Secretary considers appropriate, including the
chief data officers and chief management officers of the
military departments, shall identify a set of no fewer than
five use cases of the application of existing artificial
intelligence enabled systems to support improved management of
enterprise acquisition, personnel, audit, or financial
management functions, or other appropriate management
functions, that are consistent with reform efforts that support
the National Defense Strategy.
(b) Prototyping Activities Aligned to Use Cases.--The
Secretary, acting through the Under Secretary of Defense for
Research and Engineering and in coordination with the Director
of the Joint Artificial Intelligence Center and such other
officers and employees as the Secretary considers appropriate,
shall pilot technology development and prototyping activities
that leverage commercially available technologies and systems
to demonstrate new artificial intelligence enabled capabilities
to support the use cases identified under subsection (a).
(c) Briefing.--Not later than October 1, 2021, the
Secretary shall provide to the congressional defense committees
a briefing summarizing the activities carried out under this
section.
SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL
INTELLIGENCE TECHNOLOGY.
(a) Assessment Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, shall conduct an assessment to determine--
(A) whether the Department of Defense has
the ability, requisite resourcing, and
sufficient expertise to ensure that any
artificial intelligence technology acquired by
the Department is ethically and responsibly
developed; and
(B) how the Department can most effectively
implement ethical artificial intelligence
standards in acquisition processes and supply
chains.
(2) Elements.--The assessment conducted under
paragraph (1) shall address the following:
(A) Whether there are personnel occupying
relevant roles within the Department of Defense
who have sufficient expertise, across multiple
disciplines (including ethical, legal, and
technical expertise)--
(i) to advise on the acquisition of
artificial intelligence technology; and
(ii) to ensure the acquisition of
ethically and responsibly developed
artificial intelligence technology.
(B) The feasibility and advisability of
retaining outside experts as consultants to
assist the Department in strengthening capacity
and filling any gaps in expertise identified
under subparagraph (A).
(C) The extent to which existing
acquisition processes encourage or require
consultation with relevant experts across
multiple disciplines within the Department to
ensure that artificial intelligence technology
acquired by the Department is ethically and
responsibly developed.
(D) Quantitative and qualitative standards
for assessing the extent to which experts
across multiple disciplines are engaged in the
acquisition of artificial intelligence
technology by the department.
(b) Briefing Required.--
(1) In general.--Not later than 30 days after the
date on which the Secretary of Defense completes the
assessment under subsection (a), the Secretary shall
provide to the congressional defense committees a
briefing on the results of the assessment.
(2) Elements.--The briefing under paragraph (1)
shall include, based on the results of the assessment--
(A) an explanation of whether the
Department of Defense has personnel, in the
proper roles and with sufficient expertise
across multiple disciplines, to ensure the
acquisition of ethically and responsibly
developed artificial intelligence technology;
(B) an explanation of whether the
Department has adequate procedures to encourage
or require the consultation of such experts as
part of the acquisition process for artificial
intelligence technology;
(C) an explanation of any procedures the
Department has in place to ensure that
activities involving artificial intelligence
are consistent with the Department's ethical
artificial intelligence standards; and
(D) with respect to any deficiencies
identified under subparagraph (A), (B), or (C),
a description of any measures that have been
taken, and any additional resources that may be
needed, to mitigate such deficiencies.
SEC. 236. STEERING COMMITTEE ON EMERGING TECHNOLOGY.
(a) Establishment.--The Secretary of Defense may establish
a steering committee on emerging technology and national
security threats (referred to in this section as the ``Steering
Committee'').
(b) Membership.--The Steering Committee shall be composed
of the following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary of Defense for Intelligence
and Security.
(4) The Under Secretary of Defense for Research and
Engineering.
(5) The Under Secretary of Defense for Personnel
and Readiness.
(6) The Under Secretary of Defense for Acquisition
and Sustainment.
(7) The Chief Information Officer.
(8) Such other officials of the Department of
Defense as the Secretary of Defense determines
appropriate.
(c) Responsibilities.--The Steering Committee shall be
responsible for--
(1) developing a strategy for the organizational
change, concept and capability development, and
technology investments in emerging technologies that
are needed to maintain the technological superiority of
the United States military as outlined in the National
Defense Strategy;
(2) providing assessments of emerging threats and
identifying investments and advances in emerging
technology areas undertaken by adversaries of the
United States;
(3) making recommendations to the Secretary of
Defense on--
(A) the implementation of the strategy
developed under paragraph (1);
(B) steps that may be taken to address the
threats identified under paragraph (2);
(C) any changes to a program of record that
may be required to achieve the strategy under
paragraph (1);
(D) any changes to the Defense Planning
Guidance required by section 113(g)(2)(A) of
title 10, United States Code, that may be
required to achieve the strategy under
paragraph (1); and
(E) whether sufficient resources are
available for the research activities,
workforce, and infrastructure of the Department
of Defense to support the development of
capabilities to defeat emerging threats to the
United States; and
(4) carrying out such other activities as are
assigned to the Steering Committee by the Secretary of
Defense.
(d) Emerging Technology Defined.--In this section, the term
``emerging technology'' means technology determined to be in an
emerging phase of development by the Secretary, including
quantum information science and technology, data analytics,
artificial intelligence, autonomous technology, advanced
materials, software, high performance computing, robotics,
directed energy, hypersonics, biotechnology, medical
technologies, and such other technology as may be identified by
the Secretary.
(e) Sunset.--This section shall terminate on October 1,
2024.
Subtitle D--Education and Workforce Development
SEC. 241. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY.
(a) In General.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall carry
out the following activities:
(1) Leverage existing civilian software development
and software architecture certification programs to
implement coding language proficiency and artificial
intelligence competency tests within the Department of
Defense that--
(A) measure an individual's competency in
using machine learning tools, in a manner
similar to the way the Defense Language
Proficiency Test measures competency in foreign
language skills;
(B) enable the identification of members of
the Armed Forces and civilian employees of the
Department of Defense who have varying levels
of quantified coding comprehension and skills
and a propensity to learn new programming
paradigms, algorithms, and data analytics; and
(C) include hands-on coding demonstrations
and challenges.
(2) Update existing recordkeeping systems to track
artificial intelligence and programming certification
testing results in a manner that is comparable to the
system used for tracking and documenting foreign
language competency, and use that recordkeeping system
to ensure that workforce coding and artificial
intelligence comprehension and skills are taken into
consideration when making assignments.
(3) Implement a system of rewards, including
appropriate incentive pay and retention incentives, for
members of the Armed Forces and civilian employees of
the Department of Defense who perform successfully on
specific language coding proficiency and artificial
intelligence competency tests and make their skills
available to the Department.
(b) Information Sharing With Other Federal Agencies.--The
Secretary of Defense shall share information on the activities
carried out under subsection (a) with the Secretary of Homeland
Security, the Attorney General, the Director of National
Intelligence, and the heads of such other organizations of the
intelligence community as the Secretary determines appropriate,
for purposes of--
(1) making information about the coding language
proficiency and artificial intelligence competency
tests developed under such subsection available to
other Federal national security agencies; and
(2) encouraging the heads of such agencies to
implement tracking and reward systems that are
comparable to those implemented by the Department of
Defense pursuant to such subsection.
(c) Special Pay for Programming Language Proficiency
Beneficial for National Security Interests.--
(1) In general.--Chapter 81 of title 10, United
States Code, is amended by inserting after section
1596b the following new section:
``Sec. 1596c. Programming language proficiency: special pay for
proficiency beneficial for national security
interests
``(a) Authority.--The Secretary of Defense, under the sole
and exclusive discretion of the Secretary, may pay special pay
under this section to an employee of the Department of Defense
who--
``(1) has been certified by the Secretary to be
proficient in a computer or digital programming
language identified by the Secretary as being a
language in which proficiency by civilian personnel of
the Department is necessary because of national
security interests; and
``(2) is assigned duties requiring proficiency in
that programming language.
``(b) Rate.--The rate of special pay for an employee under
this section shall be prescribed by the Secretary, but may not
exceed 20 percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special
pay under this section is in addition to any other pay or
allowances to which the employee is entitled.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 81 of such title is amended by
inserting after the item relating to section 1596b the
following new item:
``1596c. Programming language proficiency: special pay for proficiency
beneficial for national security interests.''.
SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.
Section 2192a of title 10, United States Code, is amended--
(1) in subsection (c)(1)(B)(i), by inserting ``,
including by serving on active duty in the Armed
Forces'' after ``Department'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``; and''
and inserting a semicolon;
(B) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) may establish arrangements so that
participants may participate in a paid internship for
an appropriate period with an industry sponsor.''; and
(3) in subsection (f)--
(A) by inserting ``(1)'' before ``The
Secretary''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall seek to enter into
partnerships with minority institutions of higher education and
appropriate public and private sector organizations to
diversify the participants in the program under subsection
(a).''.
SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP
OF DEPARTMENT OF DEFENSE.
(a) Modification Regarding Basic Pay.--Subparagraph (A) of
section 235(a)(4) of National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1580 note prec.)
is amended to read as follows:
``(A) shall be compensated at a rate of
basic pay that is not less than the minimum
rate of basic pay payable for a position at GS-
10 of the General Schedule (subchapter III of
chapter 53 of title 5, United States Code) and
not more than the maximum rate of basic pay
payable for a position at GS-15 of such
Schedule; and''.
(b) Background Checks.--Subsection (b) of such section is
amended by adding at the end the following new paragraph:
``(3) Background check requirement.--No individual
may participate in the fellows program without first
undergoing a background check that the Secretary of
Defense considers appropriate for participation in the
program.''.
SEC. 244. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``National Defense
Authorization Act for Fiscal Year
2020'' and inserting ``William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year
2021''; and
(ii) by striking ``not fewer than
three'' and inserting ``not fewer than
four'';
(B) by redesignating paragraph (2) as
paragraph (3);
(C) by inserting after paragraph (1) the
following new paragraph:
``(2) Coordination.--In carrying out paragraph (1),
the Secretary of Defense may act through the Defense
Advanced Research Projects Agency or any other
organization or element of the Department of Defense
the Secretary considers appropriate.''; and
(D) in paragraph (3), as so redesignated,
by inserting ``training,'' after
``management,'';
(2) in subsection (e)--
(A) in paragraph (28) by striking
``Infrastructure resilience'' and inserting
``Additive manufacturing'';
(B) by redesignating paragraph (30) as
paragraph (31); and
(C) by inserting after paragraph (29) the
following new paragraph:
``(30) 3D and virtual technology training
platforms.'';
(3) by redesignating subsections (f) and (g) as
subsection (g) and (h), respectively;
(4) by inserting after subsection (e) the following
new subsection:
``(f) Requirement To Establish Consortia.--
``(1) In general.--In carrying out subsection
(a)(1)--
``(A) the Secretary of Defense shall seek
to establish at least one multi-institution
consortium through the Office of the Secretary
of Defense;
``(B) the Secretary of the Army shall seek
to establish at least one multi-institution
consortium through the Army;
``(C) the Secretary of the Navy shall seek
to establish at least one multi-institution
consortium through the Navy; and
``(D) the Secretary of the Air Force shall
seek to establish at least one multi-
institution consortium through the Air Force.
``(2) Report required.--Not later than September
30, 2022, the Secretary of Defense shall submit to the
congressional defense committees a report on the status
of the efforts to establish consortia under paragraph
(1).''; and
(5) in subsection (g), as so redesignated, by
striking ``2022'' and inserting ``2026''.
SEC. 245. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS (STEM) PROGRAMS.
(a) In General.--The Under Secretary of Defense for
Research and Engineering, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment, shall
develop programs and incentives to ensure that Department of
Defense contractors take appropriate steps to--
(1) enhance undergraduate, graduate, and doctoral
programs in science, technology, engineering, and
mathematics (in this section referred to as ``STEM'');
(2) make investments, such as programming and
curriculum development, in STEM programs within
elementary schools and secondary schools;
(3) encourage employees to volunteer in elementary
schools and secondary schools, including schools that
the Secretary of Defense determines serve high numbers
or percentages of students from low-income families or
that serve significant populations of military
dependents, in order to enhance STEM education and
programs;
(4) establish partnerships with appropriate
entities, including institutions of higher education
for the purpose of training students in technical
disciplines;
(5) make personnel available to advise and assist
in STEM educational activities aligned with functions
of the Department of Defense;
(6) award scholarships and fellowships, and
establish work-based learning programs in scientific
disciplines;
(7) conduct recruitment activities to enhance the
diversity of the STEM workforce; or
(8) make internships available to students of
secondary schools, undergraduate, graduate, and
doctoral programs in STEM disciplines.
(b) Award Program.--The Secretary of Defense shall
establish procedures to recognize defense industry contractors
that demonstrate excellence in supporting STEM education,
partnerships, programming, and other activities to enhance
participation in STEM fields.
(c) Implementation.--Not later than 270 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Research and Engineering shall submit to the congressional
defense committees a report on the steps taken to implement the
requirements of this section.
(d) Definitions.--In this section:
(1) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) The term ``institution of higher education''
has the meaning given such term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(e) Conforming Repeal.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. note prec. 2191) is repealed.
SEC. 246. TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL IN BEST
PRACTICES FOR TECHNICAL WORKFORCE.
(a) Pilot Training Program.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense, acting through the Under Secretary of Defense
for Personnel and Readiness and the Under Secretary of
Defense for Research and Engineering, shall develop and
implement a pilot program to provide covered human
resources personnel with training in public and private
sector best practices for attracting and retaining
technical talent.
(2) Training areas.--The pilot program shall
include training in the authorities and procedures that
may be used to recruit technical personnel for
positions in the Department of Defense, including--
(A) appropriate direct hiring authorities;
(B) excepted service authorities;
(C) personnel exchange authorities;
(D) authorities for hiring special
government employees and highly qualified
experts;
(E) special pay authorities; and
(F) private sector best practices to
attract and retain technical talent.
(3) Metrics.--The Secretary of Defense shall
develop metrics to evaluate the effectiveness of the
pilot program in contributing to the ability of the
Department of Defense to attract and retain technical
talent.
(4) Plan required.--The Secretary of Defense shall
develop a plan for the implementation of the pilot
program.
(b) Reports.--
(1) Report on plan.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report that sets forth the plan required
under subsection (a)(4).
(2) Report on pilot program.--Not later than three
years after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report on the results of the pilot
program.
(c) Definitions.--In this section:
(1) The term ``covered human resources personnel''
means members of the Armed Forces and civilian
employees of the Department of Defense, including human
resources professionals, hiring managers, and
recruiters, who are responsible for hiring technical
talent.
(2) The term ``technical talent'' means individuals
with expertise in high priority technical disciplines.
(d) Termination.--The requirement to carry out the pilot
program under this section shall terminate five years after the
date of the enactment of this Act.
SEC. 247. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE
CERTAIN APPLICANTS FOR TECHNICAL POSITIONS.
(a) Pilot Program.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program under which certain applicants
for technical positions within the Department of Defense will
be evaluated, in part, based on electronic portfolios of the
applicant's work, as described in subsection (b).
(b) Activities.--Under the pilot program, the human
resources manager of each organization of the Department of
Defense participating in the program, in consultation with
relevant subject matter experts, shall--
(1) identify a subset of technical positions for
which the evaluation of electronic portfolios would be
appropriate as part of the hiring process; and
(2) as appropriate, assess applicants for such
positions by reviewing electronic portfolios of the
applicants' best work, as selected by the applicant
concerned.
(c) Scope of Program.--The Secretary of Defense shall carry
out the pilot program under subsection (a) in--
(1) the Joint Artificial Intelligence Center;
(2) the Defense Digital Service;
(3) at least one activity of each military
department, as identified by the Secretary of the
department concerned; and
(4) such other organizations and elements of the
Department of Defense as the Secretary determines
appropriate.
(d) Report.--Not later than two years after the
commencement of the pilot program under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the program. At a
minimum, the report shall--
(1) describe how the use of electronic portfolios
in the hiring process affected the timeliness of the
hiring process for technical positions in organizations
of the Department of Defense participating in the
program;
(2) assess the level of satisfaction of
organization leaders, hiring authorities, and subject
matter experts with the quality of applicants who were
hired based on evaluations of electronic portfolios;
(3) identify other job series that could benefit
from the use of electronic portfolios in the hiring
process;
(4) recommend whether the use of electronic
portfolios in the hiring process should be expanded or
made permanent; and
(5) recommend any statutory, regulatory, or policy
changes required to support the goals of the pilot
program under subsection (a).
(e) Technical Position Defined.--In this section, the term
``technical position'' means a position in the Department of
Defense that--
(1) requires expertise in artificial intelligence,
data science, or software development; and
(2) is eligible for direct hire authority under
section 9905 of title 5, United States Code, or section
2358a of title 10, United States Code.
(f) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate 5 years after the
date of the enactment of this Act.
SEC. 248. PILOT PROGRAM ON SELF-DIRECTED TRAINING IN ADVANCED
TECHNOLOGIES.
(a) Online Courses.--The Secretary of Defense shall carry
out a pilot program under which the Secretary makes available a
list of approved online courses relating to advanced
technologies that may be taken by civilian employees of the
Department of Defense and members of the Armed Forces on a
voluntary basis while not engaged in the performance of their
duties.
(b) Procedures.--The Secretary shall establish procedures
for the development, selection, approval, adoption, and
evaluation of online courses under subsection (a) to ensure
that such courses are supportive of the goals of this section
and overall goals for the training and education of the
civilian and military workforce of the Department of Defense.
(c) Documentation of Completion.--The Secretary of Defense
shall develop and implement a system--
(1) to confirm whether a civilian employee of the
Department of Defense or member of the Armed Forces has
completed an online course approved by the Secretary
under subsection (a); and
(2) to document the completion of such course by
such employee or member.
(d) Incentives.--The Secretary of Defense shall develop and
implement incentives to encourage civilian employees of the
Department of Defense and members of the Armed Forces to
complete online courses approved by the Secretary under
subsection (a).
(e) Metrics.--The Secretary of Defense shall develop
metrics to evaluate whether, and to what extent, the pilot
program under this section improves the ability of
participants--
(1) to perform job-related functions; and
(2) to execute relevant missions of the Department
of Defense.
(f) Advanced Technologies Defined.--In this section, the
term ``advanced technologies'' means technologies that the
Secretary of Defense determines to be in high-demand within the
Department of Defense and to which significant research and
development efforts are devoted, including technologies such as
artificial intelligence, data science, machine learning, fifth-
generation telecommunications technology, and biotechnology.
(g) Deadline.--The Secretary of Defense shall carry out the
activities described in subsections (a) through (e) not later
than one year after the date of the enactment of this Act.
(h) Sunset.--This section shall terminate on October 1,
2024.
SEC. 249. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND
STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY
ENTERPRISE.
(a) Program Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall establish a program under which opportunities for part-
time and term employment are made available in the Defense
science and technology enterprise for faculty and students of
institutions of higher education for the purpose of enabling
such faculty and students to carry out research projects in
accordance with subsection (b).
(b) Research Projects.--
(1) Faculty.--A faculty member who is employed in
position made available under subsection (a) shall, in
the course of such employment, carry out a research
project that--
(A) relates to a topic in the field of
science, technology, engineering, or
mathematics; and
(B) contributes to the objectives of the
Department of Defense, as determined by the
Secretary of Defense.
(2) Students.--A student employed in position made
available under subsection (a) shall assist a faculty
member with a research project described in paragraph
(1).
(c) Selection of Participants.--The Secretary of Defense,
acting through the heads of participating organizations in the
Defense science and technology enterprise, shall select
individuals for participation in the program under subsection
(a) as follows:
(1) Faculty members shall be selected for
participation on the basis of--
(A) the academic credentials and research
experience of the faculty member; and
(B) the extent to which the research
proposed to be carried out by the faculty
member will contribute to the objectives of the
Department of Defense.
(2) Students shall be selected to assist with a
research project under the program on the basis of--
(A) the academic credentials and other
qualifications of the student; and
(B) the student's ability to fulfill the
responsibilities assigned to the student as
part of the project.
(d) Minimum Number of Positions.--
(1) In general.--During the first year of the
program under subsection (a), the Secretary of Defense
shall establish not fewer than 10 part-time or term
positions for faculty.
(2) Artificial intelligence and machine learning.--
Of the positions established under paragraph (1), not
fewer than five such positions shall be reserved for
faculty who will conduct research in the area of
artificial intelligence and machine learning.
(e) Authorities.--In carrying out the program under
subsection (a), the Secretary of Defense, or the head of an
organization in the Defense science and technology enterprise,
as applicable, may--
(1) use any hiring authority available to the
Secretary or the head of such organization, including--
(A) any hiring authority available under a
laboratory demonstration program, including the
hiring authority provided under section 2358a
of title 10, United States Code;
(B) direct hiring authority under section
1599h of title 10, United States Code; and
(C) expert hiring authority under section
3109 of title 5, United States Code;
(2) enter into cooperative research and development
agreements under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) to
enable the sharing of research and expertise with
institutions of higher education and the private
sector; and
(3) pay referral bonuses to faculty or students
participating in the program who identify--
(A) students to assist in a research
project under the program; or
(B) students or recent graduates to
participate in other programs in the Defense
science and technology enterprise, including
internships at Department of Defense
laboratories and in the Pathways Program of the
Department.
(f) Annual Reports.--
(1) Initial report.--Not later than 30 days after
the conclusion of the first year of the program under
subsection (a), the Secretary of Defense shall submit
to the congressional defense committees a report on the
status of the program. The report shall include--
(A) identification of the number of faculty
and students employed under the program;
(B) identification of the organizations in
the Defense science and technology enterprise
that employed such individuals; and
(C) a description of the types of research
conducted by such individuals.
(2) Subsequent reports.--Not later than 30 days
after the conclusion of the second and third years of
the program under subsection (a), the Secretary of
Defense shall submit to the congressional defense
committees a report on the progress of the program.
Each report shall include--
(A) the information described in
subparagraphs (A) through (C) of paragraph (1);
(B) the results of any research projects
conducted under the program; and
(C) the number of students and recent
graduates who, pursuant to a reference from a
faculty member or student participating in the
program as described in subsection (e)(3), were
hired by the Department of Defense or selected
for participation in another program in the
Defense science and technology enterprise.
(g) Definitions.--In this section:
(1) The term ``Defense science and technology
enterprise'' means--
(A) the research organizations of the
military departments;
(B) the science and technology reinvention
laboratories (as designated under section 1105
of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note));
(C) the facilities of the Major Range and
Test Facility Base (as defined in section
2358a(f)(3) of title 10, United States Code);
and
(D) the Defense Advanced Research Projects
Agency.
(2) The term ``faculty'' means an individual who
serves as a professor, researcher, or instructor at an
institution of higher education.
(3) The term ``institution of higher education''
has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 250. NATIONAL SECURITY WORKFORCE AND EDUCATIONAL DIVERSITY
ACTIVITIES.
(a) In General.--The Secretary of Defense shall seek to
diversify participation in the Science, Mathematics, and
Research for Transformation (SMART) Defense Education Program
under section 2192a of title 10, United States Code.
(b) Activities.--In carrying out subsection (a), the
Secretary shall--
(1) subject to the availability of appropriations
for this purpose, set aside funds for financial
assistance, scholarships, and fellowships for students
at historically Black colleges or universities or at
minority institutions of higher education and such
other institutions as the Secretary considers
appropriate;
(2) partner with institutions of higher education,
and such other public and private sector organizations
as the Secretary considers appropriate, to increase
diversity of participants in the program described in
subsection (a);
(3) establish individual and organizational
incentives, and such other activities as the Secretary
considers appropriate, to increase diversity of student
participation in the program described in subsection
(a);
(4) increase awareness of opportunities to
participate in the program described in subsection (a);
(5) evaluate the potential for new programs,
fellowships, and other activities at historically Black
colleges or universities and minority institutions of
higher education to increase diversity in educational
and workforce development programs;
(6) identify potential changes to the program
described in subsection (a) that would improve
diversity of participants in such program; and
(7) establish metrics to evaluate success of
activities under this section.
(c) Report.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the congressional defense
committees a report that evaluates the success of activities
conducted by the Secretary in increasing diversity in
appropriate programs of the Department of Defense and hiring
and retaining diverse individuals in the science, mathematics,
and research workforce of the public sector.
SEC. 251. COORDINATION OF SCHOLARSHIP AND EMPLOYMENT PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Establishment or Designation of Organization.--The
Secretary of Defense shall establish or designate an
organization within the Department of Defense which shall have
primary responsibility for building cohesion and collaboration
across the various scholarship and employment programs of the
Department.
(b) Duties.--The organization established or designated
under subsection (a) shall have the following duties:
(1) To establish an interconnected network and
database across the scholarship and employment programs
of the Department.
(2) To aid in matching scholarships to individuals
pursuing courses of study in high demand skill areas.
(3) To build a network of current and former
program participants for potential engagement or
employment with Department activities.
(c) Annual Listing.--On an annual basis, the organization
established or designated under subsection (a) shall publish,
on a publicly accessible website of the Department, a listing
of scholarship and employment programs carried out by the
Department.
SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH QUALITY
TALENT IN THE DEPARTMENT OF DEFENSE.
(a) Study Required.--The Secretary of Defense shall enter
into an agreement with an independent academic institution to
conduct a study to develop policy options and recommendations
for the establishment of a program to attract and retain
covered individuals for employment in the Department of
Defense.
(b) Elements.--The study required under subsection (a)
shall include the following:
(1) An analysis of mechanisms the Department may
use to engage public and private sector organizations
to assist in the identification and recruitment of
covered individuals for employment in the Department of
Defense.
(2) Identification of statutory, regulatory, and
organizational barriers to the development of the
program described in subsection (a).
(3) An analysis of monetary and nonmonetary
incentives that may be provided to retain covered
individuals in positions in the Department.
(4) An analysis of methods that may be implemented
to ensure appropriate vetting of covered individuals.
(5) An analysis of the size of a program required
to advance the competitiveness of the research,
development, test, and evaluation efforts of the
Department in the critical technologies identified in
the National Defense Strategy.
(6) The type and amount of resources required to
implement the program described in subsection (a).
(c) Reports.--
(1) Initial report.--Not later than February 1,
2021, the Secretary shall submit to the congressional
defense committees a report on the plan of the
Secretary to execute the study required under
subsection (a).
(2) Final report.--Not later than February 1, 2022,
the Secretary shall submit to the congressional defense
committees a report on the results of the study
conducted under subsection (a).
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is engaged in work to promote and protect the
national security of the United States;
(2) is engaged in basic or applied research, funded
by the Department of Defense; and
(3) possesses scientific or technical expertise
that will advance the development of critical
technologies identified in the National Defense
Strategy or the National Defense Science and Technology
Strategy, required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679).
Subtitle E--Sustainable Chemistry
SEC. 261. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY.
(a) Establishment.--Not later than 180 days after the date
of enactment of this title, the Director of the Office of
Science and Technology Policy shall convene an interagency
entity (referred to in this subtitle as the ``Entity'') under
the National Science and Technology Council with the
responsibility to coordinate Federal programs and activities in
support of sustainable chemistry, including those described in
sections 263 and 264.
(b) Coordination With Existing Groups.--In convening the
Entity, the Director of the Office of Science and Technology
Policy shall consider overlap and possible coordination with
existing committees, subcommittees, or other groups of the
National Science and Technology Council, such as--
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) Co-chairs.--The Entity shall be co-chaired by the
Director of the Office of Science and Technology Policy and a
representative from the Environmental Protection Agency, the
National Institute of Standards and Technology, the National
Science Foundation, or the Department of Energy, as selected by
the Director of the Office of Science and Technology Policy.
(d) Agency Participation.--The Entity shall include
representatives, including subject matter experts, from the
Environmental Protection Agency, the National Institute of
Standards and Technology, the National Science Foundation, the
Department of Energy, the Department of Agriculture, the
Department of Defense, the National Institutes of Health, the
Centers for Disease Control and Prevention, the Food and Drug
Administration, and other related Federal agencies, as
appropriate.
(e) Termination.--The Entity shall terminate on the date
that is 10 years after the date of the enactment of this Act.
SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this subtitle, the Entity shall--
(1) consult with relevant stakeholders, including
representatives from industry, academia, national labs,
the Federal Government, and international entities, to
develop and update, as needed, a consensus definition
of ``sustainable chemistry'' to guide the activities
under this subtitle;
(2) develop a working framework of attributes
characterizing, and metrics for assessing, sustainable
chemistry, as described in subsection (b);
(3) assess the state of sustainable chemistry in
the United States as a key benchmark from which
progress under the activities described in this title
can be measured, including assessing key sectors of the
United States economy, key technology platforms,
commercial priorities, and barriers to innovation;
(4) coordinate and support Federal research,
development, demonstration, technology transfer,
commercialization, education, and training efforts in
sustainable chemistry, including budget coordination
and support for public-private partnerships, as
appropriate;
(5) identify any Federal regulatory barriers to,
and opportunities for, Federal agencies facilitating
the development of incentives for development,
consideration, and use of sustainable chemistry
processes and products;
(6) identify major scientific challenges,
roadblocks, and hurdles to transformational progress in
improving the sustainability of the chemical sciences;
and
(7) review, identify, and make effort to eliminate
duplicative Federal funding and duplicative Federal
research in sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.--
The Entity shall develop a working framework of attributes
characterizing, and metrics for assessing, sustainable
chemistry for the purposes of carrying out this subtitle. In
developing this framework, the Entity shall--
(1) seek advice and input from stakeholders as
described in subsection (c);
(2) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable
chemistry already in use at Federal agencies;
(3) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable
chemistry already in use by international organizations
of which the United States is a member, such as the
Organisation for Economic Co-operation and Development;
and
(4) consider any other appropriate existing
definitions of, or frameworks characterizing and
metrics for assessing, sustainable chemistry.
(c) Consultation.--In carrying out the duties described in
subsections (a) and (b), the Entity shall consult with
stakeholders qualified to provide advice and information to
guide Federal activities related to sustainable chemistry
through workshops, requests for information, or other
mechanisms as necessary. The stakeholders shall include
representatives from--
(1) business and industry, including trade
associations and small- and medium-sized enterprises
from across the value chain;
(2) the scientific community, including the
National Academies of Sciences, Engineering, and
Medicine, scientific professional societies, national
labs, and academia;
(3) the defense community;
(4) State, tribal, and local governments, including
nonregulatory State or regional sustainable chemistry
programs, as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the
date of the enactment of this Act, the Entity shall
submit a report to the Committee on Environment and
Public Works, the Committee on Commerce, Science, and
Transportation, the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Health,
Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate, and the Committee on
Science, Space, and Technology, the Committee on Energy
and Commerce, the Committee on Agriculture, the
Committee on Education and Labor, and the Committee on
Appropriations of the House of Representatives. In
addition to the elements described in subsections (a)
and (b), the report shall include--
(A) a summary of federally funded
sustainable chemistry research, development,
demonstration, technology transfer,
commercialization, education, and training
activities;
(B) a summary of the financial resources
allocated to sustainable chemistry initiatives
by each participating agency;
(C) an assessment of the current state of
sustainable chemistry in the United States,
including the role that Federal agencies are
playing in supporting it;
(D) an analysis of the progress made toward
achieving the goals and priorities of this
subtitle, and recommendations for future
program activities;
(E) an evaluation of steps taken and future
strategies to avoid duplication of efforts,
streamline interagency coordination, facilitate
information sharing, and spread best practices
among participating agencies; and
(F) an evaluation of duplicative Federal
funding and duplicative Federal research in
sustainable chemistry, efforts undertaken by
the Entity to eliminate duplicative funding and
research, and recommendations on how to achieve
these goals.
(2) Submission to gao.--The Entity shall also
submit the report described in paragraph (1) to the
Comptroller General of the United States for
consideration in future Congressional inquiries.
(3) Additional reports.--The Entity shall submit a
report to Congress and the Comptroller General of the
United States that incorporates the information
described in subparagraphs (A), (B), (D), (E), and (F)
of paragraph (1) every 3 years, commencing after the
initial report is submitted until the Entity
terminates.
SEC. 263. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity
shall carry out activities in support of sustainable chemistry,
as appropriate to the specific mission and programs of each
agency.
(b) Activities.--The activities described in subsection (a)
shall--
(1) incorporate sustainable chemistry into existing
research, development, demonstration, technology
transfer, commercialization, education, and training
programs, that the agency determines to be relevant,
including consideration of--
(A) merit-based competitive grants to
individual investigators and teams of
investigators, including, to the extent
practicable, early career investigators, for
research and development;
(B) grants to fund collaborative research
and development partnerships among
universities, industry, and nonprofit
organizations;
(C) coordination of sustainable chemistry
research, development, demonstration, and
technology transfer conducted at Federal
laboratories and agencies;
(D) incentive prize competitions and
challenges in coordination with such existing
Federal agency programs; and
(E) grants, loans, and loan guarantees to
aid in the technology transfer and
commercialization of sustainable chemicals,
materials, processes, and products;
(2) collect and disseminate information on
sustainable chemistry research, development, technology
transfer, and commercialization, including information
on accomplishments and best practices;
(3) expand the education and training of students
at appropriate levels of education, professional
scientists and engineers, and other professionals
involved in all aspects of sustainable chemistry and
engineering appropriate to that level of education and
training, including through--
(A) partnerships with industry as described
in section 264;
(B) support for the integration of
sustainable chemistry principles into chemistry
and chemical engineering curriculum and
research training, as appropriate to that level
of education and training; and
(C) support for integration of sustainable
chemistry principles into existing or new
professional development opportunities for
professionals including teachers, faculty, and
individuals involved in laboratory research
(product development, materials specification
and testing, life cycle analysis, and
management);
(4) as relevant to an agency's programs, examine
methods by which the Federal agencies, in collaboration
and consultation with the National Institute of
Standards and Technology, may facilitate the
development or recognition of validated, standardized
tools for performing sustainability assessments of
chemistry processes or products;
(5) through programs identified by an agency,
support, including through technical assistance,
participation, financial support, communications tools,
awards, or other forms of support, outreach and
dissemination of sustainable chemistry advances such as
non-Federal symposia, forums, conferences, and
publications in collaboration with, as appropriate,
industry, academia, scientific and professional
societies, and other relevant groups;
(6) provide for public input and outreach to be
integrated into the activities described in this
section by the convening of public discussions, through
mechanisms such as public meetings, consensus
conferences, and educational events, as appropriate;
(7) within each agency, develop or adapt metrics to
track the outputs and outcomes of the programs
supported by that agency; and
(8) incentivize or recognize actions that advance
sustainable chemistry products, processes, or
initiatives, including through the establishment of a
nationally recognized awards program through the
Environmental Protection Agency to identify, publicize,
and celebrate innovations in sustainable chemistry and
chemical technologies.
(c) Limitations .--Financial support provided under this
section shall--
(1) be available only for pre-competitive
activities; and
(2) not be used to promote the sale of a specific
product, process, or technology, or to disparage a
specific product, process, or technology.
SEC. 264. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity
may facilitate and support, through financial, technical, or
other assistance, the creation of partnerships between
institutions of higher education, nongovernmental
organizations, consortia, or companies across the value chain
in the chemical industry, including small- and medium-sized
enterprises, to--
(1) create collaborative sustainable chemistry
research, development, demonstration, technology
transfer, and commercialization programs; and
(2) train students and retrain professional
scientists, engineers, and others involved in materials
specification on the use of sustainable chemistry
concepts and strategies by methods, including--
(A) developing or recognizing curricular
materials and courses for undergraduate and
graduate levels and for the professional
development of scientists, engineers, and
others involved in materials specification; and
(B) publicizing the availability of
professional development courses in sustainable
chemistry and recruiting professionals to
pursue such courses.
(b) Private Sector Participation.--To be eligible for
support under this section, a partnership in sustainable
chemistry shall include at least one private sector
organization.
(c) Selection of Partnerships.--In selecting partnerships
for support under this section, the agencies participating in
the Entity shall also consider the extent to which the
applicants are willing and able to demonstrate evidence of
support for, and commitment to, the goals outlined in the
strategic plan and report described in section 262.
(d) Prohibited Use of Funds.--Financial support provided
under this section may not be used--
(1) to support or expand a regulatory chemical
management program at an implementing agency under a
State law;
(2) to construct or renovate a building or
structure; or
(3) to promote the sale of a specific product,
process, or technology, or to disparage a specific
product, process, or technology.
SEC. 265. PRIORITIZATION.
In carrying out this subtitle, the Entity shall focus its
support for sustainable chemistry activities on those that
achieve, to the highest extent practicable, the goals outlined
in the subtitle.
SEC. 266. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to alter or
amend any State law or action with regard to sustainable
chemistry, as defined by the State.
SEC. 267. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.
Section 110 of the American Innovation and Competitiveness
Act (42 U.S.C. 1862s-2) is amended by striking (g)(2) and
inserting the following:
``(2) Major multi-user research facility project.--
The term `major multi-user research facility project'
means a science and engineering facility project that
exceeds $100,000,000 in total construction,
acquisition, or upgrade costs to the Foundation.''.
Subtitle F--Plans, Reports, and Other Matters
SEC. 271. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL
TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is
amended--
(1) by striking ``Engineering,,'' and inserting
``Engineering,''; and
(2) by striking ``, through January 31, 2025'' and
inserting ``, through January 31, 2026''.
SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER STRATEGIC
PLAN REPORTING CYCLE AND CONTENTS.
(a) Quadrennial Strategic Plan.--Section 196 of title 10,
United States Code, is amended--
(1) in subsections (c)(1)(C) and (e)(2)(B), by
inserting ``quadrennial'' before ``strategic plan'';
and
(2) in subsection (d)--
(A) in the heading, by inserting
``Quadrennial'' before ``Strategic Plan''; and
(B) by inserting ``quadrennial'' before
``strategic plan'' each place it occurs.
(b) Timing and Coverage of Plan.--Subsection (d)(1) of such
section, as amended by subsection (a)(2), is further amended,
in the first sentence, by striking ``two fiscal years'' and
inserting ``four fiscal years, and within one year after
release of the National Defense Strategy,''.
(c) Amendment to Contents of Plan.--Subsection (d)(2)(C) of
such section is amended by striking ``based on current'' and
all that follows through the end and inserting ``for test and
evaluation of the Department of Defense major weapon systems
based on current and emerging threats.''.
(d) Annual Update to Plan.--Subsection (d) of such section
is amended by adding at the end the following new paragraph:
``(5)(A) In addition to the quadrennial strategic plan
completed under paragraph (1), the Director of the Department
of Defense Test Resource Management Center shall also complete
an annual update to the quadrennial strategic plan.
``(B) Each annual update completed under subparagraph (A)
shall include the following:
``(i) A summary of changes to the assessment
provided in the most recent quadrennial strategic plan.
``(ii) Comments and recommendations the Director
considers appropriate.
``(iii) Test and evaluation challenges raised since
the completion of the most recent quadrennial strategic
plan.
``(iv) Actions taken or planned to address such
challenges.''.
(e) Technical Correction.--Subsection (d)(1) of such, as
amended by subsections (a)(2) and (b), is further amended by
striking ``Test Resources Management Center'' and inserting
``Test Resource Management Center''.
SEC. 273. MODIFICATION OF REQUIREMENTS RELATING TO ENERGETICS PLAN TO
INCLUDE ASSESSMENT OF FEASIBILITY AND ADVISABILITY
OF ESTABLISHING A PROGRAM OFFICE FOR ENERGETICS.
Section 253(a) of the National Defense Authorization Act
for Fiscal Year 2020 (133 Stat. 1287; Public Law 116-92) is
amended--
(1) in paragraph (2), by striking ``; and'' and
inserting a semicolon; and
(2) in paragraph (3), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) assesses the feasibility and advisability of
establishing a program office--
``(A) to coordinate energetics research;
and
``(B) to ensure a robust and sustained
energetics material enterprise.''.
SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND TECHNOLOGY
ACTIVITIES ON WORK WITH ACADEMIC CONSORTIA ON HIGH
PRIORITY CYBERSECURITY RESEARCH ACTIVITIES IN
DEPARTMENT OF DEFENSE CAPABILITIES.
Section 257(b)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1291) is
amended by adding at end the following new subparagraph:
``(J) Efforts to work with academic
consortia on high priority cybersecurity
research activities.''.
SEC. 275. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING
VEHICLE PROGRAM.
Section 261 of the National Defense Authorization Act for
Fiscal Year 2020 (Public law 116-92; 133 Stat. 1294) is
repealed.
SEC. 276. MICROELECTRONICS AND NATIONAL SECURITY.
Section 231 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (a)--
(A) by inserting ``, in collaboration with
the Under Secretary of Defense for Acquisition
and Sustainment, the Under Secretary for
Research and Engineering, and the Director of
the Defense Advanced Research Projects
Agency,'' after ``shall''; and
(B) by striking ``September 30, 2019'' and
inserting ``June 1, 2021'';
(2) in subsection (b), by adding at the end the
following new paragraphs:
``(10) An approach to ensuring the continuing
production of cutting-edge microelectronics for
national security needs, including access to state-of-
the-art node sizes through commercial manufacturing,
heterogeneous integration, advantaged sensor
manufacturing, boutique chip designs, and variable
volume production capabilities.
``(11) An assessment of current microelectronics
supply chain management best practices, including--
``(A) intellectual property controls;
``(B) international standards;
``(C) guidelines of the National Institute
of Standards and Technology;
``(D) product traceability and provenance;
and
``(E) location of design, manufacturing,
and packaging facilities.
``(12) An assessment of existing risks to the
current microelectronics supply chain.
``(13) A description of actions that may be carried
out by the defense industrial base to implement best
practices described in paragraph (11) and mitigate
risks described in paragraph (12).
``(14) A plan for increasing commercialization of
intellectual property developed by the Department of
Defense for commercial microelectronics research and
development.
``(15) An assessment of the feasibility,
usefulness, efficacy, and cost of--
``(A) developing a national laboratory
exclusively focused on the research and
development of microelectronics to serve as a
center for Federal Government expertise in
high-performing, trusted microelectronics and
as a hub for Federal Government research into
breakthrough microelectronics-related
technologies; and
``(B) incorporating into such national
laboratory a commercial incubator to provide
early-stage microelectronics startups, which
face difficulties scaling due to the high costs
of microelectronics design and fabrication,
with access to funding resources, fabrication
facilities, design tools, and shared
intellectual property.
``(16) The development of multiple models of
public-private partnerships to execute the strategy,
including in-depth analysis of establishing a
semiconductor manufacturing corporation to leverage
private sector technical, managerial, and investment
expertise, and private capital, that would have the
authority and funds to provide grants or approve
investment tax credits, or both, to implement the
strategy.
``(17) Processes and criteria for competitive
selection of commercial companies, including companies
headquartered in countries that are allies or partners
with the United States, to provide design, foundry and
assembly, and packaging services and to build and
operate the industrial capabilities associated with
such services.
``(18) The role that other Federal agencies should
play in organizing and supporting the strategy,
including any required direct or indirect funding
support, or legislative and regulatory actions,
including restricting procurement to domestic sources,
and providing antitrust and export control relief.
``(19) All potential funding sources and mechanisms
for initial and sustaining investments in
microelectronics.
``(20) Such other matters as the Secretary of
Defense determines to be relevant.'';
(3) in subsection (d), by striking ``September 30,
2019'' and inserting ``June 1, 2021'';
(4) in subsection (e), by striking ``September 30,
2020'' and inserting ``June 1, 2021''; and
(5) by redeignating subsection (f) as subsection
(g);
(6) by inserting after subsection (e) the following
new subsection (f):
``(f) Submission.--Not later than June 1, 2021, the
Secretary of Defense shall submit the strategy required in
subsection (a), along with any views and recommendations and an
estimated budget to implement the strategy, to the President,
the National Security Council, and the National Economic
Council.''.
SEC. 277. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND DIAGNOSTIC
TESTING EQUIPMENT.
(a) Independent Evaluation Required.--The Director of
Operational Test and Evaluation shall conduct an independent
evaluation of whether covered personal protective and
diagnostic testing equipment is operationally effective and
suitable to satisfy the specific needs and required protection
of the workforce of the Department of Defense.
(b) Availability of Information.--The Secretary of Defense
shall provide the Director of Operational Test and Evaluation
with such information as may be necessary for the Director to
conduct the evaluations required under subsection (a).
(c) Report to Congress.--Not later than 90 days after the
completion of each evaluation under subsection (a), the
Director of Operational Test and Evaluation shall submit to the
congressional defense committees a report on the results of the
evaluation.
(d) Covered Personal Protective and Diagnostic Testing
Equipment Defined.--In this section, the term ``covered
personal protective and diagnostic testing equipment'' means
any personal protective equipment or diagnostic testing
equipment developed, acquired, or used by the Department of
Defense--
(1) in response to COVID-19; or
(2) as part of any follow-on, long-term acquisition
and distribution program for such equipment.
SEC. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY EMERGING
BIOTECHNOLOGY EFFORTS AND CAPABILITIES AND
COMPARISON WITH ADVERSARIES.
(a) Assessment and Comparison Required.--
(1) In general.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for
Intelligence and Security, shall conduct an assessment
and direct comparison of capabilities in emerging
biotechnologies for national security purposes,
including applications in material, manufacturing, and
health, between the capabilities of the United States
and the capabilities of adversaries of the United
States.
(2) Elements.--The assessment and comparison
carried out under paragraph (1) shall include the
following:
(A) An evaluation of the quantity, quality,
and progress of United States fundamental and
applied research for emerging biotechnology
initiatives for national security purposes.
(B) An assessment of the resourcing of
United States efforts to harness emerging
biotechnology capabilities for national
security purposes, including the supporting
facilities, test infrastructure, and workforce.
(C) An intelligence assessment of adversary
emerging biotechnology capabilities and
research as well as an assessment of adversary
intent and willingness to use emerging
biotechnologies for national security purposes.
(D) An assessment of the analytic and
operational subject matter expertise necessary
to assess rapidly-evolving foreign military
developments in biotechnology, and the current
state of the workforce in the intelligence
community.
(E) Recommendations to improve and
accelerate United States capabilities in
emerging biotechnologies and the associated
intelligence community expertise.
(F) Such other matters as the Secretary
considers appropriate.
(b) Report.--
(1) In general.--Not later than February 1, 2021,
the Secretary shall submit to the congressional defense
committees a report on the assessment carried out under
subsection (a).
(2) Form.--The report submitted under paragraph (1)
shall be submitted in the following formats--
(A) unclassified form, which may include a
classified annex; and
(B) publically releasable form,
representing appropriate information from the
report under subparagraph (A).
(c) Definition of Intelligence Community.--In this section,
the term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE DEPARTMENT
OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act, and not later than 120 days
after the end of each fiscal years 2021, 2022, and 2023, the
Secretary of Defense, after consultation with the Secretary of
each military department, shall submit to Congress a report
that describes the following:
(1) The ways in which the Department of Defense is
using incentives under section 9(y)(6)(B) of the Small
Business Act (15 U.S.C. 638(y)(6)(B)) to increase the
number of Phase II SBIR contracts that lead to
technology transition into programs of record or
fielded systems.
(2) The extent to which the Department has
developed simplified and standardized procedures and
model contracts throughout the agency for Phase I,
Phase II, and Phase III SBIR awards, as required under
section 9(hh)(2)(A)(i) of the Small Business Act (15
U.S.C. 638(hh)(2)(A)(i)).
(3) The extent to which any incentives described in
this section and implemented by the Secretary of
Defense have resulted in an increased number of Phase
II contracts under the SBIR program of the Department
of Defense leading to technology transition into
programs of record or fielded systems.
(4) The extent to which Phase I, Phase II, and
Phase III projects under the SBIR program of the
Department align with the modernization priorities of
the Department.
(5) Actions taken to ensure that the SBIR program
of the Department aligns with the goals of the program,
namely--
(A) to stimulate technological innovation;
(B) to meet Federal research and
development needs;
(C) to foster and encourage participation
in innovation and entrepreneurship by women and
socially or economically disadvantaged
individuals; and
(D) to increase private-sector
commercialization of innovations derived from
Federal research and development funding.
(6) Any other action taken, and proposed to be
taken, to increase the number of Department Phase II
SBIR contracts leading to technology transition into
programs of record or fielded systems.
(b) SBIR Defined.--In this section, the term ``SBIR'' has
the meaning given the term in section 9(e) of the Small
Business Act (15 U.S.C. 638(e)).
SEC. 280. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION
EFFORTS.
(a) Study and Report.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study to
determine the underlying causes of physiological
episodes affecting crewmembers of F-35 aircraft.
(2) Elements.--The study under subsection (a) shall
include--
(A) an examination of each physiological
episode reported by a crewmember of an F-35
aircraft as of the date of the enactment of
this Act;
(B) a determination as to the underlying
cause of the episode; and
(C) an examination of--
(i) any long-term effects,
including potential long-term effects,
of the episode; and
(ii) any additional care an
affected crewmember may need.
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report that
includes--
(A) the results the study conducted under
subsection (a), including a description of each
physiological episode examined under the study
and an explanation of the underlying cause of
the episode;
(B) a description of any actions that may
be taken to address the underlying causes of
such episodes, including any resources that may
be required to carry out such actions; and
(C) any other findings and recommendations
of the study.
(b) Annual Reports on Mitigation Efforts.--The Secretary of
Defense, in consultation with the Under Secretary of Defense
for Acquisition and Sustainment, shall include with the annual
report required by section 224(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2059), a detailed description of--
(1) the efforts of the Department of Defense to
address physiological episodes affecting crewmembers of
F-35 aircraft; and
(2) the funding allocated for such efforts.
SEC. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMINANCE
CAPABILITIES.
(a) Reviews.--
(1) In general.--The Director of Cost Assessment
and Program Evaluation shall conduct--
(A) a non-advocate review of the next
generation air dominance initiative of the Air
Force;
(B) a non-advocate review of the next
generation air dominance initiative of the
Navy; and
(C) a non-advocate review of the business
case analysis developed by the Assistant
Secretary of the Air Force for Acquisition,
Technology, and Logistics regarding the Digital
Century Series Aircraft acquisition strategy of
the Air Force.
(2) Elements.--(A) The reviews under paragraphs
(1)(A) and (1)(B) shall include an assessment of--
(i) all risks associated with cost,
schedule, development, integration, production,
fielding, and sustainment of next generation
air dominance capabilities;
(ii) the technological maturity of
significant hardware and software efforts
planned or carried out as part of the
development of such capabilities; and
(iii) affordability goals that the Air
Force and the Navy (as the case may be) will be
required to achieve during development,
production, and sustainment activities for such
capabilities that will not jeopardize or
otherwise be detrimental to other high-priority
future capabilities being developed and
procured to support and execute other primary
core competencies and missions.
(B) The review under paragraph (1)(C) shall include
an assessment of--
(i) methods, objectives, risks, ground
rules, and assumptions;
(ii) validity, accuracy, and deficiencies
in knowledge and data used in support of the
analysis;
(iii) financial and nonfinancial business
benefits and impacts;
(iv) likelihood of risks to materialize;
and
(v) conclusions, recommendations, and any
other information the Director believes to be
relevant to the review.
(b) Reports.--The Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense
committees--
(1) a report on the results of the review conducted
under subsection (a)(1)(A) with respect to the Air
Force;
(2) a report on the results of the review conducted
under subsection (a)(1)(B) with respect to the Navy;
and
(3) a report on the results of the review conducted
under subsection (a)(1)(C).
SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF SYSTEMS
FOR LOW-COST ATTRIBUTABLE AIRCRAFT TECHNOLOGY
PROGRAM.
Not later than March 1, 2021, the Assistant Secretary of
the Air Force for Acquisition, Technology, and Logistics
shall--
(1) submit to the congressional defense committees
an executable plan for the operational test and utility
evaluation of systems for the Low-Cost Attributable
Aircraft Technology (LCAAT) program of the Air Force;
and
(2) provide to the congressional defense committees
a briefing on the plan so submitted.
SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND THE
UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN
NATIONAL SECURITY-RELATED AND DEFENSE-RELATED
FIELDS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall
seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine for
the National Academies of Sciences, Engineering, and
Medicine to perform the services covered by this
section.
(2) Timing.--The Secretary shall seek to enter into
the agreement described in paragraph (1) not later than
60 days after the date of the enactment of this Act.
(b) Review.--
(1) In general.--Under an agreement between the
Secretary and the National Academies of Sciences,
Engineering, and Medicine under this section, the
National Academies of Sciences, Engineering, and
Medicine shall carry out a comparative analysis of
efforts by China and the United States Government to
recruit and retain domestic and foreign researchers and
develop recommendations for the Secretary of Defense
and the heads of other Federal agencies as appropriate.
(2) Elements.--The comparative analysis carried out
under paragraph (1) and the recommendations developed
under such paragraph shall include the following:
(A) A list of the ``talent programs'' used
by China and a list of the incentive programs
used by the United States to recruit and retain
researchers in fields relating to national
security or defense research.
(B) The types of researchers, scientists,
other technical experts, and fields targeted by
each talent program listed under subparagraph
(A).
(C) The number of researchers in academia,
the Department of Defense Science and
Technology Reinvention Laboratories, and
national security science and engineering
programs of the National Nuclear Security
Administration targeted by the talent programs
listed under subparagraph (A).
(D) The number of personnel currently
participating in the talent programs listed
under subparagraph (A) and the number of
researchers currently participating in the
incentive programs listed under such
subparagraph.
(E) The incentives offered by each of the
talent programs listed under subparagraph (A)
and a description of the incentives offered
through incentive programs under such
subparagraph to recruit and retain researchers,
scientists, and other technical experts.
(F) A characterization of the national
security, economic, and scientific benefits
China gains through the talent programs listed
under subparagraph (A) and a description of
similar gains accrued to the United States
through incentive programs listed under such
subparagraph.
(G) An assessment of the risks to national
security and benefits to the United States of
scientific research cooperation between the
United States and China, such as that which is
performed under the agreement between the
United States and the People's Republic of
China known as the ``Agreement between the
Government of the United States of America and
the Government of the People's Republic of
China on Cooperation in Science and
Technology'', signed in Washington on January
31, 1979, successor agreements, and similar
agreements, administered by the Secretary of
State and the heads of other Federal agencies.
(H) A list of findings and recommendations
relating to policies that can be implemented by
the United States, especially the Department of
Defense and other appropriate Federal agencies,
to improve the relative effectiveness of United
States activities to recruit and retain
researchers, scientists, and other technical
experts relative to China.
(c) Report.--
(1) In general.--Not later than one year after the
date of the execution of an agreement under subsection
(a), the National Academies of Sciences, Engineering,
and Medicine shall--
(A) submit to the congressional defense
committees a report on the findings National
Academies of Sciences, Engineering, and
Medicine with respect to the review carried out
under this section and the recommendations
developed under this section; and
(B) make available to the public on a
publicly accessible website a version of report
that is suitable for public viewing.
(2) Form.--The report submitted under paragraph
(1)(A) shall be submitted in unclassified form, but may
include a classified annex.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE
FOR REVIEW OF MISSION OBSTRUCTIONS.
Section 183a(c) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking ``If the Clearinghouse''
and inserting ``(A) If the Clearinghouse''; and
(B) by adding at the end the following new
subparagraph:
``(B) After the Clearinghouse issues a notice under
subparagraph (A) with respect to an energy project, the
parties should seek to identify feasible and affordable
actions that can be taken by the Department, the
developer of such energy project, or others to mitigate
any adverse impact on military operations and
readiness.'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) If, after issuing the notices of presumed risk
required by paragraphs (2) and (3), the Secretary of Defense
later concludes for any reason that the energy project will not
have an adverse impact on military readiness, the Clearinghouse
shall notify the applicant and the governor in writing of that
conclusion.''; and
(4) in paragraph (7), as so redesignated, by
striking ``Any setback for a project pursuant to the
previous sentence shall not be more than what is
determined to be necessary by a technical analysis
conducted by the Lincoln Laboratory at the
Massachusetts Institute of Technology or any successor
entity.''.
SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION PROGRAM.
(a) Use of Funds.--Section 2684a(i) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) Funds obligated to carry out an agreement under this
section shall be available for use with regard to any property
in the geographic scope specified in the agreement--
``(A) at the time the funds are obligated; and
``(B) in any subsequent modification to the
agreement.''.
(b) Clarification of References to Eligible Entities.--
(1) Definition.--Subsection (b) of section 2684a of
title 10, United States Code, is amended, in the matter
preceding paragraph (1), by striking ``An agreement
under this section may be entered into with'' and
inserting ``For purposes of this section, an eligible
entity is''.
(2) Acquisition of property and interests.--
Subsection (d)(1) of such section is amended by
striking ``the entity or entities'' each place it
appears and inserting ``an eligible entity or
entities''.
(3) Retroactive application.--The amendments made
by paragraphs (1) and (2) shall apply to any agreement
entered into under section 2684a of title 10, United
States Code, on or after December 2, 2002.
(c) Facilitating Agreements With Other Federal Agencies to
Limit Encroachments.--Section 2684a(d)(5) of title 10, United
States Code, is amended--
(1) in the second sentence of subparagraph (A), by
inserting ``or another Federal agency'' after ``to a
State'' both places it appears; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Notwithstanding subparagraph (A), if all or a portion
of the property or interest acquired under the agreement is
initially or subsequently transferred to a State or another
Federal agency, before that State or other Federal agency may
declare the property or interest in excess to its needs or
propose to exchange the property or interest, the State or
other Federal agency shall give the Secretary concerned
reasonable advance notice of its intent. If the Secretary
concerned determines it necessary to preserve the purposes of
this section, the Secretary concerned may request that
administrative jurisdiction over the property be transferred to
the Secretary concerned at no cost, and, upon such a request
being made, the administrative jurisdiction over the property
shall be transferred accordingly. If the Secretary concerned
does not make such a request within a reasonable time period,
all such rights of the Secretary concerned to request transfer
of the property or interest shall remain available to the
Secretary concerned with respect to future transfers or
exchanges of the property or interest and shall bind all
subsequent transferees.''.
SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY INSTALLATIONS
WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.
Section 325(a)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by striking
``a 12-month period'' and inserting ``two 12-month periods,
including one such period that begins in fiscal year 2021''.
SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS OF NATIONAL GUARD.
(a) In General.--Section 2707(e) of title 10, United States
Code, is amended--
(1) by striking ``Notwithstanding'' and inserting
``(1) Notwithstanding'';
(2) by inserting ``where military activities are
conducted by the National Guard of a State under title
32'' after ``facility''; and
(3) by adding at the end the following new
paragraph:
``(2) The Secretary concerned may use the authority under
section 2701(d) of this title to carry out environmental
restoration projects under paragraph (1).''.
(b) Correction of Definition of Facility.--Paragraph (1) of
section 2700 of such title is amended--
(1) in subparagraph (A), by striking ``(A) The
terms'' and inserting ``The term''; and
(2) by striking subparagraph (B).
SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY INSTALLATION
RESILIENCE PROJECTS.
(a) Modification of Authority.--Section 2815 of title 10,
United States Code is amended--
(1) in subsection (a), by inserting ``(except as
provided in subsections (d)(3) and (e))'' before the
period at the end;
(2) in subsection (c), by striking ``A project''
and inserting ``Except as provided in subsection
(e)(2), a project'';
(3) by redesignating subsection (d) as subsection
(f); and
(4) by inserting after subsection (c) the following
new subsections:
``(d) Location of Projects.--Projects carried out pursuant
to this section may be carried out--
``(1) on a military installation;
``(2) on a facility used by the Department of
Defense that is owned and operated by a State, the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, or the Virgin Islands, even if the
facility is not under the jurisdiction of the
Department of Defense, if the Secretary of Defense
determines that the facility is subject to significant
use by the armed forces for testing or training; or
``(3) outside of a military installation or
facility described in paragraph (2) if the Secretary
concerned determines that the project would preserve or
enhance the resilience of--
``(A) a military installation;
``(B) a facility described in paragraph
(2); or
``(C) community infrastructure determined
by the Secretary concerned to be necessary to
maintain, improve, or rapidly reestablish
installation mission assurance and mission-
essential functions.
``(e) Alternative Funding Source.--(1) In carrying out a
project under this section, the Secretary concerned may use
amounts available for operation and maintenance for the
military department concerned if the Secretary concerned
submits a notification to the congressional defense committees
of the decision to carry out the project using such amounts and
includes in the notification--
``(A) the current estimate of the cost of the
project;
``(B) the source of funds for the project; and
``(C) a certification that deferral of the project
for inclusion in the next Military Construction
Authorization Act would be inconsistent with national
security or the protection of health, safety, or
environmental quality, as the case may be.
``(2) A project carried out under this section using
amounts under paragraph (1) may be carried out only after the
end of the 7-day period beginning on the date on which a copy
of the notification described in paragraph (1) is provided in
an electronic medium pursuant to section 480 of this title.
``(3) The maximum aggregate amount that the Secretary
concerned may obligate from amounts available to the military
department concerned for operation and maintenance in any
fiscal year for projects under the authority of this subsection
is $100,000,000.''.
(b) Consideration of Military Installation Resilience in
Agreements and Interagency Cooperation.--Section 2684a of such
title is amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)--
(i) by striking clause (ii); and
(ii) in clause (i)--
(I) by striking ``(i)'';
and
(II) by striking ``; or''
and inserting a semicolon;
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by inserting after paragraph (2) the
following new paragraph (3):
``(3) maintaining or improving military
installation resilience; or''; and
(2) by amending subsection (h) to read as follows:
``(h) Interagency Cooperation in Conservation and
Resilience Programs to Avoid or Reduce Adverse Impacts on
Military Installation Resilience and Military Readiness
Activities.--In order to facilitate interagency cooperation and
enhance the effectiveness of actions that will protect the
environment, military installation resilience, and military
readiness, the recipient of funds provided pursuant to an
agreement under this section or under the Sikes Act (16 U.S.C.
670 et seq.) may, with regard to the lands and waters within
the scope of the agreement, use such funds to satisfy any
matching funds or cost-sharing requirement of any conservation
or resilience program of any Federal agency notwithstanding any
limitation of such program on the source of matching or cost-
sharing funds.''.
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES ON MILITARY
INSTALLATIONS.
(a) In General.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by inserting after section 2919
the following new section:
``Sec. 2920. Energy resilience and energy security measures on military
installations
``(a) Energy Resilience Measures.--(1) The Secretary of
Defense shall, by the end of fiscal year 2030, provide that 100
percent of the energy load required to maintain the critical
missions of each installation have a minimum level of
availability of 99.9 percent per fiscal year.
``(2) The Secretary of Defense shall issue standards
establishing levels of availability relative to specific
critical missions, with such standards providing a range of not
less than 99.9 percent availability per fiscal year and not
more than 99.9999 percent availability per fiscal year,
depending on the criticality of the mission.
``(3) The Secretary may establish interim goals to take
effect prior to fiscal year 2025 to ensure the requirements
under this subsection are met.
``(4) The Secretary of each military department and the
head of each Defense Agency shall ensure that their
organizations meet the requirements of this subsection.
``(b) Planning.--(1) The Secretary of Defense shall require
the Secretary of each military department and the head of each
Defense Agency to plan for the provision of energy resilience
and energy security for installations.
``(2) Planning under paragraph (1) shall--
``(A) promote the use of multiple and diverse
sources of energy, with an emphasis favoring energy
resources originating on the installation such as
modular generation;
``(B) promote installing microgrids to ensure the
energy security and energy resilience of critical
missions; and
``(C) favor the use of full-time, installed energy
sources rather than emergency generation.
``(c) Development of Information.--The planning required by
subsection (b) shall identify each of the following for each
installation:
``(1) The critical missions of the installation.
``(2) The energy requirements of those critical
missions.
``(3) The duration that those energy requirements
are likely to be needed in the event of a disruption or
emergency.
``(4) The current source of energy provided to
those critical missions.
``(5) The duration that the currently provided
energy would likely be available in the event of a
disruption or emergency.
``(6) Any currently available sources of energy
that would provide uninterrupted energy to critical
missions in the event of a disruption or emergency.
``(7) Alternative sources of energy that could be
developed to provide uninterrupted energy to critical
missions in the event of a disruption or emergency.
``(d) Testing and Measuring.--(1)(A) The Secretary of
Defense shall require the Secretary of each military department
and head of each Defense Agency to conduct monitoring,
measuring, and testing to provide the data necessary to comply
with this section.
``(B) Any data provided under subparagraph (A) shall be
made available to the Assistant Secretary of Defense for
Sustainment upon request.
``(2)(A) The Secretary of Defense shall require that black
start exercises be conducted to assess the energy resilience
and energy security of installations for periods established to
evaluate the ability of the installation to perform critical
missions without access to off-installation energy resources.
``(B) A black start exercise conducted under subparagraph
(A) may exclude, if technically feasible, housing areas,
commissaries, exchanges, and morale, welfare, and recreation
facilities.
``(C) The Secretary of Defense shall--
``(i) provide uniform policy for the military
departments and the Defense Agencies with respect to
conducting black start exercises; and
``(ii) establish a schedule of black start
exercises for the military departments and the Defense
Agencies, with each military department and Defense
Agency scheduled to conduct such an exercise on a
number of installations each year sufficient to allow
that military department or Defense Agency to meet the
goals of this section, but in any event not fewer than
five installations each year for each military
department through fiscal year 2027.
``(D)(i) Except as provided in clause (ii), the Secretary
of each military department shall, notwithstanding any other
provision of law, conduct black start exercises in accordance
with the schedule provided for in subparagraph (C)(ii), with
any such exercise not to last longer than five days.
``(ii) The Secretary of a military department may conduct
more black start exercises than those identified in the
schedule provided for in subparagraph (C)(ii).
``(e) Contract Requirements.--For contracts for energy and
utility services, the Secretary of Defense shall--
``(1) specify methods and processes to measure,
manage, and verify compliance with subsection (a); and
``(2) ensure that such contracts include
requirements appropriate to ensure energy resilience
and energy security, including requirements for
metering to measure, manage, and verify energy
consumption, availability, and reliability consistent
with this section and the energy resilience metrics and
standards under section 2911(b) of this title.
``(f) Exception.--This section does not apply to fuels used
in aircraft, vessels, or motor vehicles.
``(g) Report.--If by the end of fiscal year 2029, the
Secretary determines that the Department will be unable to meet
the requirements under subsection (a), not later than 90 days
after the end of such fiscal year, the Secretary shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report detailing--
``(1) the projected shortfall;
``(2) reasons for the projected shortfall;
``(3) any statutory, technological, or monetary
impediments to achieving such requirements;
``(4) any impact to readiness or ability to meet
the national defense posture; and
``(5) any other relevant information as the
Secretary considers appropriate.
``(h) Definitions.--In this section:
``(1) The term `availability' means the
availability of required energy at a stated instant of
time or over a stated period of time for a specific
purpose.
``(2) The term `black start exercise' means an
exercise in which delivery of energy provided from off
an installation is terminated before backup generation
assets on the installation are turned on. Such an
exercise shall--
``(A) determine the ability of the backup
systems to start independently, transfer the
load, and carry the load until energy from off
the installation is restored;
``(B) align organizations with critical
missions to coordinate in meeting critical
mission requirements;
``(C) validate mission operation plans,
such as continuity of operations plans;
``(D) identify infrastructure
interdependencies; and
``(E) verify backup electric power system
performance.
``(3) The term `critical mission'--
``(A) means those aspects of the missions
of an installation, including mission essential
operations, that are critical to successful
performance of the strategic national defense
mission;
``(B) may include operational headquarters
facilities, airfields and supporting
infrastructure, harbor facilities supporting
naval vessels, munitions production and storage
facilities, missile fields, radars, satellite
control facilities, cyber operations
facilities, space launch facilities,
operational communications facilities, and
biological defense facilities; and
``(C) does not include military housing
(including privatized military housing),
morale, welfare, and recreation facilities,
exchanges, commissaries, or privately owned
facilities.
``(4) The term `energy' means electricity, natural
gas, steam, chilled water, and heated water.
``(5) The term `installation' has the meaning given
the term `military installation' in section 2801(c)(4)
of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 173 of such title is
amended by inserting after the item relating to section 2919
the following new item:
``2920. Energy resilience and energy security measures on military
installations.''.
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR
DEPARTMENT OF DEFENSE.
Section 2912(a) of title 10, United States Code, is amended
by inserting ``and, in the case of operational energy, from
both training and operational missions,'' after ``under section
2913 of this title,''.
SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND SPILLS
OF AQUEOUS FILM-FORMING FOAM AT MILITARY
INSTALLATIONS.
(a) In General.--Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2712. Reporting on usage and spills of aqueous film-forming foam
``(a) In General.--Not later than 48 hours after the Deputy
Assistant Secretary of Defense for Environment receives notice
of the usage or spill of aqueous film forming foam, either as
concentrate or mixed foam, at any military installation, the
Deputy Assistant Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
notice of a usage or spill of greater than 10 gallons of
concentrate, or greater than 300 gallons of mixed foam. Each
such notice shall include each of the following information:
``(1) The name of the installation where the usage
or spill occurred.
``(2) The date on which the usage or spill
occurred.
``(3) The amount, type, and specified concentration
of aqueous film-forming foam that was used or spilled.
``(4) The cause of the usage or spill.
``(5) A summary narrative of the usage or spill.
``(b) Action Plan.--Not later than 60 days after submitting
notice of a usage or spill under subsection (a), the Deputy
Assistant Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives an
action plan for addressing such usage or spill. The action plan
shall include the following:
``(1) A description of what actions have been taken
to arrest and clean up a spill.
``(2) A description of any coordination with
relevant local and State environmental protection
agencies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2712. Reporting on usage and spills of aqueous film-forming foam.''.
SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION PROGRAM.
(a) In General.--Chapter 160 of title 10, United States
Code, as amended by section 318(a), is further amended by
adding at the end the following new section:
``Sec. 2713. Native American lands environmental mitigation program
``(a) Establishment.--The Secretary of Defense may
establish and carry out a program to mitigate the environmental
effects of actions by the Department of Defense on Indian lands
and on other locations where the Department, an Indian tribe,
and the current land owner agree that such mitigation is
appropriate.
``(b) Program Activities.--The activities that may be
carried out under the program established under subsection (a)
are the following:
``(1) Identification, investigation, and
documentation of suspected environmental effects
attributable to past actions by the Department of
Defense.
``(2) Development of mitigation options for such
environmental effects, including development of cost-
to-complete estimates and a system for prioritizing
mitigation actions.
``(3) Direct mitigation actions that the Secretary
determines are necessary and appropriate to mitigate
the adverse environmental effects of past actions by
the Department.
``(4) Demolition and removal of unsafe buildings
and structures used by, under the jurisdiction of, or
formerly used by or under the jurisdiction of the
Department.
``(5) Training, technical assistance, and
administrative support to facilitate the meaningful
participation of Indian tribes in mitigation actions
under the program.
``(6) Development and execution of a policy
governing consultation with Indian tribes that have
been or may be affected by action by the Department,
including training personnel of the Department to
ensure compliance with the policy.
``(c) Cooperative Agreements.--(1) In carrying out the
program established under subsection (a), the Secretary of
Defense may enter into a cooperative agreement with an Indian
tribe or an instrumentality of tribal government.
``(2) Notwithstanding chapter 63 of title 31, a cooperative
agreement under this section may be used to acquire property or
services for the direct benefit of the United States
Government.
``(3) A cooperative agreement under this section for the
procurement of severable services may begin in one fiscal year
and end in another fiscal year only if the total period of
performance does not exceed two calendar years.
``(d) Definitions.--In this section:
``(1) The term `Indian land' includes--
``(A) any land located within the
boundaries and a part of an Indian reservation,
pueblo, or rancheria;
``(B) any land that has been allotted to an
individual Indian but has not been conveyed to
such Indian with full power of alienation;
``(C) Alaska Native village and regional
corporation lands; and
``(D) lands and waters upon which any
federally recognized Indian tribe has rights
reserved by treaty, Act of Congress, or action
by the President.
``(2) The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.
``(e) Limitation.--Nothing in this section shall be
interpreted to require, compel, or otherwise authorize access
to any lands without the landowner's consent.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 160 of such title, as amended by section
318(b), is further amended by inserting after the item relating
to section 2712 the following new item:
``2713. Native American lands environmental mitigation program.''.
SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF TRANSBOUNDARY
FLOWS, SPILLS, OR DISCHARGES OF POLLUTION OR DEBRIS
FROM THE TIJUANA RIVER ON PERSONNEL, ACTIVITIES,
AND INSTALLATIONS OF DEPARTMENT OF DEFENSE.
(a) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Administrator of the Environmental
Protection Agency, the Secretary of State, and the United
States Commissioner of the International Boundary and Water
Commission, shall develop criteria for the selection of project
alternatives to address the impacts of transboundary flows,
spills, or discharges of pollution or debris from the Tijuana
River on the personnel, activities, and installations of the
Department of Defense.
(b) Elements.--The projects referred to in subsection (b)
shall address the short-term, long-term, primary, and secondary
impacts of transboundary flows, spills, or discharges of
pollution or debris from the Tijuana River and include
recommendations to mitigate such impacts.
SEC. 321. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy and the Administrator of the
General Services Administration, shall carry out a pilot
program under which the Secretary of Defense may,
notwithstanding section 400AA of the Energy Policy and
Conservation Act (42 U.S.C. 6374), purchase new alternative
fuel vehicles for which the initial cost of such vehicles
exceeds the initial cost of a comparable gasoline or diesel
fueled vehicle by not more than 10 percent.
(b) Locations.--
(1) In general.--The Secretary of Defense shall
carry out the pilot program under subsection (a) at not
fewer than 2 facilities or installations of each
military department in the continental United States
that--
(A) have the largest total number of
attached noncombat vehicles as compared to
other facilities or installations of the
Department of Defense; and
(B) are located within 20 miles of public
or private refueling or recharging stations.
(2) Air force logistics center.--One of the
facilities or installations selected under paragraph
(1) shall be an Air Force Logistics Center.
(c) Alternative Fuel Vehicle Defined.--In this section, the
term ``alternative fuel vehicle'' includes a vehicle that
uses--
(1) a fuel or power source described in the first
sentence of section 241(2)of the Clean Air Act (42
U.S.C. 7581(2)); or
(2) propane.
SEC. 322. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO OPERATIONAL
ENERGY IMPROVEMENT.
The Secretary of Defense shall include in the annual budget
submission of the President under section 1105(a) of title 31,
United States Code, a dedicated budget line item for fielding
operational energy improvements, including such improvements
for which funds from the Operational Energy Capability
Improvement Fund have been expended to create the operational
and business case for broader employment.
SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY USAGE.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with a federally funded research and
development center with relevant expertise under which such
center shall conduct an assessment of Department of Defense
operational energy usage, including an agency-wide view and
breakdowns of progress by service branch.
(b) Elements.--The assessment required under subsection (a)
shall include--
(1) an analysis of the extent to which the
Department of Defense developed an integrated
operational energy strategy and the extent to which
each of the military departments has implemented such
strategy;
(2) an analysis of the viability of implementing
net zero initiatives within the operational energy
enterprise without negatively impacting mission
capability;
(3) an analysis of ways to overcome contested
logistics challenges such as the tyranny of distance
within the United States Indo-Pacific Command,
including--
(A) strategies to improve the energy
production, storage, and distribution system
that enhance logistics supply chain resiliency;
and
(B) ways to reduce the demand for resupply
to decrease the strain on the logistics supply
chain; and
(4) an analysis of the integration between energy
offices with program offices, budget, and operational
planners within the Department of Defense and military
departments, and recommendations for improving
coordination.
(c) Form of Report.--The report required under this section
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY IMPROVEMENT
FUND OF THE DEPARTMENT OF DEFENSE.
(a) Management of the Operational Energy Capability
Improvement Fund.--The Assistant Secretary of Defense for
Energy, Installations, and Environment shall exercise
authority, direction, and control over the Operational Energy
Capability Improvement Fund of the Department of Defense (in
this section referred to as the ``OECIF'').
(b) Alignment and Coordination With Related Programs.--
(1) Realignment of oecif.--Not later than 60 days
after the date of the enactment of this Act, the
Secretary of Defense shall realign the OECIF under the
Assistant Secretary of Defense for Energy,
Installations, and Environment, with such realignment
to include personnel positions adequate for the mission
of the OECIF.
(2) Better coordination with related programs.--The
Assistant Secretary shall ensure that the placement
under the authority of the Assistant Secretary of the
OECIF along with the Strategic Environmental Research
Program, the Environmental Security Technology
Certification Program, and the Operational Energy
Prototyping Program is utilized to advance common goals
of the Department, promote organizational synergies,
and avoid unnecessary duplication of effort.
(c) Program for Operational Energy Prototyping.--
(1) In general.--Commencing not later than 90 days
after the date of the enactment of this Act, the
Secretary of Defense, through the Assistant Secretary
of Defense for Energy, Installations, and Environment,
shall carry out a program for the demonstration of
technologies related to operational energy prototyping,
including demonstration of operational energy
technology and validation prototyping.
(2) Operation of program.--The Secretary shall
ensure that the program under paragraph (1) operates in
conjunction with the OECIF to promote the transfer of
innovative technologies that have successfully
established proof of concept for use in production or
in the field.
(3) Program elements.--In carrying out the program
under paragraph (1) the Secretary shall--
(A) identify and demonstrate the most
promising, innovative, and cost-effective
technologies and methods that address high-
priority operational energy requirements of the
Department of Defense;
(B) in conducting demonstrations under
subparagraph (A)--
(i) collect cost and performance
data to overcome barriers against
employing an innovative technology
because of concerns regarding technical
or programmatic risk; and
(ii) ensure that components of the
Department have time to establish new
requirements where necessary and plan,
program, and budget for technology
transition to programs of record;
(C) utilize project structures similar to
those of the OECIF to ensure transparency and
accountability throughout the efforts conducted
under the program; and
(D) give priority, in conjunction with the
OECIF, to the development and fielding of clean
technologies that reduce reliance on fossil
fuels.
(4) Tool for accountability and transition.--
(A) In general.--In carrying out the
program under paragraph (1) the Secretary shall
develop and utilize a tool to track relevant
investments in operational energy from applied
research to transition to use to ensure user
organizations have the full picture of
technology maturation and development.
(B) Transition.--The tool developed and
utilized under subparagraph (A) shall be
designed to overcome transition challenges with
rigorous and well-documented demonstrations
that provide the information needed by all
stakeholders for acceptance of the technology.
(5) Locations.--
(A) In general.--The Secretary shall carry
out the testing and evaluation phase of the
program under paragraph (1) at installations of
the Department of Defense or in conjunction
with exercises conducted by the Joint Staff, a
combatant command, or a military department.
(B) Formal demonstrations.--The Secretary
shall carry out any formal demonstrations under
the program under paragraph (1) at
installations of the Department or in
operational settings to document and validate
improved warfighting performance and cost
savings.
SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING TO RED
HILL BULK FUEL STORAGE FACILITY.
(a) Reviews.--
(1) Reviews required.--At least once every 5 years,
concurrently with the Department of the Navy's Tank
Upgrade Alternative (TUA) decision review, the
Secretary of the Navy shall conduct a review of
available technologies relating to the containment of
fuel to determine whether any such technology may be
used to improve the containment of fuel with respect to
storage tanks located at the Red Hill Bulk Fuel Storage
Facility, Hawaii.
(2) Deadline for initial review.--The Secretary
shall conduct the first review under paragraph (1)
concurrent with the first TUA decision review conducted
after the date of the enactment of this Act.
(b) Briefings.--Not later than 60 days after the date on
which a review conducted under subsection (a) is completed, the
Secretary shall provide to the congressional defense committees
a briefing on--
(1) any technology identified in such review that
the Secretary determines may be used to improve the
containment of fuel with respect to storage tanks
located at the Red Hill Bulk Fuel Storage Facility; and
(2) the feasibility and cost of implementing any
such technology at the Red Hill Bulk Fuel Storage
Facility.
(c) Termination.--The requirements to conduct reviews under
subsection (a) and provide briefings under subsection (b) shall
terminate on the date on which the Red Hill Bulk Fuel Storage
Facility ceases operation, as determined by the Secretary of
the Navy.
SEC. 326. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED
ENERGY FOR RHINE ORDNANCE BARRACKS ARMY MEDICAL
CENTER.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the
Department of Defense may be used to enter into a contract for
the acquisition of furnished energy for the new Rhine Ordnance
Barracks Army Medical Center (hereafter referred to as the
``Medical Center'') before the date on which Secretary of
Defense submits to the congressional defense committees a
written certification that the Medical Center does not use any
energy sourced from inside the Russian Federation as a means of
generating the furnished energy.
SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE ADAPTATION
ROADMAP.
(a) In General.--Not later than February 1, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives an update
to the Department of Defense 2014 Adaptation Roadmap. Such
update shall include an outline of the strategy and
implementation plan of the Department to address the current
and foreseeable effects of extreme weather and sea level
fluctuations on the mission of the Department of Defense.
(b) Elements of Strategy and Implementation Plan.--The
strategy and implementation plan required to be included in the
update under subsection (a) shall include--
(1) a description of the overarching approach of
the Department to extreme weather, sea level
fluctuations, and associated mitigation measures; and
(2) a discussion of the current and foreseeable
effects of extreme weather and seal level fluctuations
on--
(A) plans and operations, including--
(i) military readiness;
(ii) increased frequency, if any,
of extreme weather events, including
flooding, drought, desertification,
wildfires, thawing permafrost,
hurricanes, and extreme heat;
(iii) geopolitical instability, if
any, caused by climate events,
including extreme weather;
(iv) increased demand, if any for
Defense Support for Civil Authorities
and disaster or humanitarian relief
operations;
(v) the operating environment of
the Arctic and of the strategic and
geopolitical implications of an ice-
free Arctic Ocean; and
(vi) alteration or limitation on
operation environments;
(B) training and testing, including--
(i) changes in land carrying
capacity;
(ii) increased maintenance and
repair requirements for equipment and
infrastructure;
(iii) mitigation of heat stress and
heat-related illnesses resulting from
increasing temperatures;
(iv) increased dust generation and
fire hazards; and
(v) maintaining testing and
training capacity to support increased
operations and civil support missions;
(C) built and natural infrastructure,
including--
(i) military installation
resilience, as such term is defined in
section 101(e)(8) of title 10, United
States Code, of installations both
within and outside the United States
and its possessions and territories and
of the State-owned National Guard
installations of the several States;
(ii) resilience of the air and sea
ports of our allies and partners that
are critical to the training,
deployment, and operations of the Armed
Forces of the United States and its
allies and partners;
(iii) resilience of the deployment
system and structure of the Department
of Defense and of the United States,
including the strategic highway
network, the strategic rail network,
and designated strategic air and sea
ports;
(iv) best practices for modeling
and mitigating risks posed to military
installations by increased inundation,
erosion, flood, wind, and fire damage;
(v) changing energy demand at
military installations to include
heating and cooling, particularly in
communities experiencing grid stress;
(vi) disruption and competition for
reliable energy and water resources;
(vii) increased maintenance and
sustainment costs;
(viii) damage to natural and
constructed infrastructure from thawing
permafrost and sea ice; and
(ix) the effects of extreme weather
and sea level fluctuations on community
support infrastructure, including
roads, transportation hubs, and medical
facilities;
(D) acquisition and supply chain,
including--
(i) measures to ensure that the
current and projected future scale and
impacts of extreme weather and sea
level fluctuations are fully considered
in the research, development, testing,
and acquisition of major weapon systems
and of associated supplies and
equipment;
(ii) required alterations of
stockpiles;
(iii) reduced or changed
availability and access to materials,
equipment, and supplies, including
water and food sources;
(iv) disruptions in fuel
availability and distribution;
(v) estimated investments required
to address foreseeable costs incurred
or influenced by extreme weather and
sea level fluctuations for each of the
lines of effort in this report, to
include extreme weather response, over
the next 5, 10, and 20 years, with
topline estimates and a qualitative
discussion of cost drivers for each;
and
(vi) equipment and infrastructure
investments required to address a
changing Arctic environment; and
(E) such other matters as the Secretary
determines appropriate; and
(c) Assessments and Projections.--In preparing the update
as required under subsection (a), the Secretary shall
consider--
(1) climate projections from the Global Change
Research Office, National Climate Assessment, the
National Oceanic and Atmospheric Administration, and
other Federal agencies; and
(2) data on, and analysis of, the national security
effects of climate prepared by the Climate Security
Advisory Council of the Office of the Director of
National Intelligence established pursuant to section
120 of the National Security Act of 1947 (50 U.S.C.
3060) and by other elements of the intelligence
community.
(d) Form.--The update to the adaptation roadmap required
under subsection (a) shall be submitted in an unclassified
form, but may contain a classified annex. If the Secretary
determines that the inclusion of a classified annex is
necessary, the Secretary shall conduct an in-person briefing
for Members of the Committees on Armed Services of the Senate
and House of Representatives by not later than 90 days after
the date of the submission of the update.
SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS EMISSIONS
LEVELS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives and to the Comptroller General a
report on the total level of greenhouse gas emissions for each
of the last 10 fiscal years. Such emissions levels shall
include the agency-wide total, breakdowns by military
department, and delineations between installation and
operational emissions.
(b) Form of Report.--The report required under this section
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 329. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA FOR USE OF
WILDLIFE CONSERVATION BANKING PROGRAMS.
(a) In General.--To ensure opportunities for Department of
Defense participation in wildlife conservation banking programs
pursuant to section 2694c of title 10, United States Code, the
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall issue
regulations of general applicability establishing objectives,
measurable performance standards, and criteria for use,
consistent with the Endangered Species Act (16 U.S.C. 1531 et
seq.), for mitigation banking offsetting effects on a species,
or habitat of such species, that is endangered, threatened, a
candidate for listing, or otherwise at risk under such Act. To
the maximum extent practicable, the regulatory standards and
criteria shall maximize available credits and opportunities for
mitigation, provide flexibility for characteristics of various
species, and apply equivalent standards and criteria to all
mitigation banks.
(b) Deadline for Regulations.--The Secretary of the
Interior, acting through the Director of the United States Fish
and Wildlife Service, shall publish an advance notice of
proposed rulemaking for the regulations required by subsection
(a) by not later than 1 year after the date of the enactment of
this Act.
SEC. 330. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE-FIGHTING
AGENT.
(a) Authority.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Sustainment and the
Strategic Environmental Research and Development Program, may
carry out a program to award cash prizes and other types of
prizes that the Secretary determines are appropriate to
recognize outstanding achievements in the development of a non-
PFAS-containing fire-fighting agent to replace aqueous film-
forming foam with the potential for application to the
performance of the military missions of the Department of
Defense.
(b) Competition Requirements.--A program under subsection
(a) shall use a competitive process for the selection of
recipients of cash prizes. The process shall include the
widely-advertised solicitation of submissions of research
results, technology developments, and prototypes.
(c) Limitations.--The following limitations shall apply to
a program under subsection (a):
(1) No prize competition may result in the award of
a prize with a fair market value of more than
$5,000,000.
(2) No prize competition may result in the award of
more than $1,000,000 in cash prizes without the
approval of the Assistant Secretary of Defense for
Sustainment.
(3) No prize competition may result in the award of
a solely nonmonetary prize with a fair market value of
more than $10,000 without the approval of the Assistant
Secretary of Defense for Sustainment.
(d) Relationship to Other Authority.--A program under
subsection (a) may be carried out in conjunction with or in
addition to the exercise of any other authority of the
Department of Defense.
(e) Use of Prize Authority.--Use of prize authority under
this section shall be considered the use of competitive
procedures for the purposes of section 2304 of title 10, United
States Code.
(f) PFAS Defined.--In this section, the term ``PFAS''
means--
(1) man-made chemicals of which all of the carbon
atoms are fully fluorinated carbon atoms; and
(2) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
(g) Termination.--The authority to carry out a program
under this section shall terminate on October 1, 2024.
SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE APPLICATION
IN PHASING OUT THE USE OF FLUORINATED AQUEOUS FILM-
FORMING FOAM.
(a) Survey of Technologies.--The Secretary of Defense shall
conduct a survey of relevant technologies, other than fire-
fighting agent solutions, to determine whether any such
technologies are available and can be adapted for use by the
Department of Defense to facilitate the phase-out of
fluorinated aqueous film-forming foam. The technologies
surveyed under this subsection shall include hangar flooring
systems, fire-fighting agent delivery systems, containment
systems, and other relevant technologies the Secretary
determines appropriate.
(b) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the results of
the survey conducted under subsection (a). The briefing shall
include--
(1) a description of the technologies included in
the survey;
(2) a list of the technologies that were considered
for further testing or analysis; and
(3) any technologies that are undergoing additional
analysis for possible application within the
Department.
SEC. 332. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) Establishment.--The Director of the Office of Science
and Technology Policy, acting through the National Science and
Technology Council, shall establish, or designate, an
interagency working group to coordinate Federal activities
related to PFAS research and development.
(b) Agency Participation.--The interagency working group
shall include a representative of each of--
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health
Sciences;
(3) the Agency for Toxic Substances and Disease
Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and
Technology;
(8) the National Oceanic and Atmospheric
Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space
Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory
Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as
the Director of the Office of Science and Technology
Policy considers appropriate.
(c) Co-chairs.--The Interagency working group shall be co-
chaired by the Director of the Office of Science and Technology
Policy and, on a biannual rotating basis, a representative from
a member agency, as selected by the Director of the Office of
Science and Technology Policy.
(d) Responsibilities of the Working Group.--The interagency
working group established under subsection (a) shall--
(1) provide for interagency coordination of
federally funded PFAS research and development; and
(2) not later than 12 months after the date of
enactment of this Act, develop and make publicly
available a strategic plan for Federal support for PFAS
research and development (to be updated not less
frequently than once every three years) that--
(A) identifies all current federally funded
PFAS research and development, including the
nature and scope of such research and
development and the amount of funding
associated with such research and development
during the current fiscal year, disaggregated
by agency;
(B) identifies all federally funded PFAS
research and development having taken place in
the last three years, excluding the research
listed under subparagraph (A), including the
nature and scope of such research and
development and the amount of funding
associated with such research and development
during the current fiscal year, disaggregated
by agency;
(C) identifies scientific and technological
challenges that must be addressed to understand
and to significantly reduce the environmental
and human health impacts of PFAS and to
identify cost-effective--
(i) alternatives to PFAS that are
designed to be safer and more
environmentally friendly;
(ii) methods for removal of PFAS
from the environment; and
(iii) methods to safely destroy or
degrade PFAS;
(D) establishes goals, priorities, and
metrics for federally funded PFAS research and
development that takes into account the current
state of research and development identified in
subparagraph (A) and the challenges identified
in subparagraph (C); and
(E) an implementation plan for Federal
agencies and, for each update to the strategic
plan under this paragraph, a description of how
Federal agencies have been following the
implementation plan.
(e) Consultation.--In developing the strategic plan under
subsection (d)(2), the interagency working group shall consult
with States, tribes, territories, local governments,
appropriate industries, academic institutions and
nongovernmental organizations with expertise in PFAS research
and development, treatment, management, and alternative
development.
(f) Sunset.--The strategic plan requirement described under
section (d)(2) shall cease on the date that is 20 years after
the initial strategic plan is developed.
(g) Definitions.--In this section:
(1) PFAS.--The term ``PFAS'' means--
(A) man-made chemicals of which all of the
carbon atoms are fully fluorinated carbon
atoms; and
(B) man-made chemicals containing a mix of
fully fluorinated carbon atoms, partially
fluorinated carbon atoms, and nonfluorinated
carbon atoms.
(2) PFAS research and development defined.--The
term ``PFAS research and development'' includes any
research or project that has the goal of accomplishing
the following:
(A) The removal of PFAS from the
environment.
(B) The safe destruction or degradation of
PFAS.
(C) The development and deployment of safer
and more environmentally friendly alternative
substances that are functionally similar to
those made with PFAS.
(D) The understanding of sources of
environmental PFAS contamination and pathways
to exposure for the public.
(E) The understanding of the toxicity of
PFAS to humans and animals.
SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT OF CERTAIN
ITEMS CONTAINING PERFLUOROOCTANE SULFONATE OR
PERFLUOROOCTANOIC ACID.
(a) Prohibition.--The Department of Defense may not procure
any covered item that contains perfluorooctane sulfonate (PFOS)
or perfluorooctanoic acid (PFOA).
(b) Definitions.--In this section, the term ``covered
item'' means--
(1) nonstick cookware or cooking utensils for use
in galleys or dining facilities; and
(2) upholstered furniture, carpets, and rugs that
have been treated with stain-resistant coatings.
(c) Effective Date.--This section shall take effect on
April 1, 2023.
SEC. 334. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM-
FORMING FOAM.
(a) In General.--The Secretary of Defense, acting through
the National Institute of Standards and Technology and in
consultation with appropriate stakeholders and manufactures,
research institutions, and other Federal agencies shall award
grants and carry out other activities to--
(1) promote and advance the research and
development of additional alternatives to aqueous film-
forming foam (in this section referred to as ``AFFF'')
containing per- and polyfluoroalkyl substances (in this
section referred to as ``PFAS'') to facilitate the
development of a military specification and subsequent
fielding of a PFAS-free fire-fighting foam;
(2) advance the use of green and sustainable
chemistry for a fluorine-free alternative to AFFF;
(3) increase opportunities for sharing best
practices within the research and development sector
with respect to AFFF;
(4) assist in the testing of potential alternatives
to AFFF; and
(5) provide guidelines on priorities with respect
to an alternative to AFFF.
(b) Additional Requirements.--In carrying out the program
required under subsection (a), the Secretary shall--
(1) take into consideration the different uses of
AFFF and the priorities of the Department of Defense in
finding an alternative;
(2) prioritize green and sustainable chemicals that
do not pose a threat to public health or the
environment; and
(3) use and leverage research from existing
Department of Defense programs.
(c) Report.--The Secretary shall submit to Congress a
report on--
(1) the priorities and actions taken with respect
to finding an alternative to AFFF and the
implementation of such priorities; and
(2) any alternatives the Secretary has denied, and
the reason for any such denial.
(d) Use of Funds.--This section shall be carried out using
amounts authorized to be available for the Strategic
Environmental Research and Development Program.
SEC. 335. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS
EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE.
(a) Notification Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Agriculture,
shall provide a notification described in subsection (b) to any
agricultural operation located within one mile down gradient of
a military installation or National Guard facility where
covered PFAS--
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local
agricultural or drinking water source, including a
water well; and
(3) is suspected to be, or known to be, the result
of the use of PFAS at an installation of the Department
of Defense located in the United States or State-owned
facility of the National Guard.
(b) Notification Requirements.--The notification required
under subsection (a) shall include the following information:
(1) The name of the Department of Defense
installation or National Guard facility from which the
covered PFAS in groundwater originated.
(2) The specific covered PFAS detected in
groundwater.
(3) The levels of the covered PFAS detected.
(4) Relevant governmental information regarding the
health and safety of the covered PFAS detected,
including relevant Federal or State standards for PFAS
in groundwater, livestock, food commodities and
drinking water, and any known restrictions for sale of
agricultural products that have been irrigated or
watered with water containing PFAS.
(c) Additional Testing Results.--The Secretary of Defense
shall provide to an agricultural operation that receives a
notice under subsection (a) any pertinent updated information,
including any results of new elevated testing, by not later
than 15 days after receiving validated test results.
(d) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report on the status of providing notice under subsection (a).
Such report shall include, for the period covered by the
report--
(1) the approximate locations of such operations
relative to installations of the Department of Defense
located in the United States and State-owned facilities
of the National Guard;
(2) the covered PFAS detected in groundwater; and
(3) the levels of covered PFAS detected.
(e) Definitions.--In this section:
(1) The term ``covered PFAS'' means each of the
following:
(A) Perfluorooctanoic acid (commonly
referred to as ``PFOA'') (Chemical Abstracts
Service No. 335-67-1) detected in groundwater
above 70 parts per trillion, individually or in
combination with PFOS.
(B) Perfluorooctane sulfonic acid (commonly
referred to as ``PFOS'') (Chemical Abstracts
Service No. 1763-23-1) detected in groundwater
above 70 parts per trillion, individually or in
combination with PFOA.
(C) Perfluorobutanesulfonic acid (commonly
referred to as ``PFBS'') (Chemical Abstracts
Service No. 375-73-5) detected in groundwater
above 40 parts per billion.
(2) The term ``PFAS'' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully
fluorinated carbon atom, including the chemical GenX.
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 2925(a) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (7) as paragraph
(8); and
(2) by inserting after paragraph (6) the following
new paragraph:
``(7) A description of the use of energy savings
performance contracts (in this paragraph referred to as
`ESPCs') by the Department of Defense, including--
``(A) the total investment value of the
total number of ESPCs per service for the
previous five fiscal years;
``(B) the location of facilities with ESPCs
for the previous five fiscal years;
``(C) any limitations on expanding ESPCs
throughout the Department of Defense;
``(D) the effect ESPCs have on military
readiness; and
``(E) any additional information the
Secretary determines relevant.''.
(b) Applicability.--The reporting requirement under
paragraph (7) of section 2925(a) of title 10, United States
Code, as added by subsection (a) of this section, applies to
reports submitted under such section 2925 for fiscal year 2021
and thereafter.
SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON
HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1350) is amended by striking ``$10,000,000'' and
inserting ``$15,000,000''.
SEC. 338. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2020.
(a) Short Title.--This section may be cited as the
``Guaranteeing Equipment Safety for Firefighters Act of 2020''.
(b) National Institute of Standards and Technology Study on
Per- and Polyfluoroalkyl Substances in Personal Protective
Equipment Worn by Firefighters.--
(1) In general.--Not later than 3 years after the
date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall,
subject to availability of appropriations, in
consultation with the Director of the National
Institute for Occupational Safety and Health, complete
a study of the contents and composition of new and
unused personal protective equipment worn by
firefighters.
(2) Contents of study.--In carrying out the study
required by paragraph (1), the Director of the National
Institute of Standards and Technology shall examine--
(A) the identity, prevalence, and
concentration of per- and polyfluoroalkyl
substances (commonly known as ``PFAS'') in the
personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per-
and polyfluoroalkyl substances are released
into the environment over time from the
degradation of personal protective equipment
from normal use by firefighters; and
(C) the relative risk of exposure to per-
and polyfluoroalkyl substances faced by
firefighters from--
(i) their use of personal
protective equipment; and
(ii) degradation of personal
protective equipment from normal use by
firefighters.
(3) Reports.--
(A) Progress reports.--Not less frequently
than once each year for the duration of the
study conducted under paragraph (1), the
Director shall submit to Congress a report on
the progress of the Director in conducting such
study.
(B) Final report.--Not later than 90 days
after the date on which the Director completes
the study required by paragraph (1), the
Director shall submit to Congress a report
describing--
(i) the findings of the Director
with respect to the study; and
(ii) recommendations on what
additional research or technical
improvements to personal protective
equipment materials or components
should be pursued to avoid unnecessary
occupational exposure among
firefighters to per- and
polyfluoroalkyl substances through
personal protective equipment.
(4) Authorization of appropriations.--There is
authorized to be appropriated $2,500,000 for each of
fiscal years 2021 and 2022.
(c) Research on Per- and Polyfluoroalkyl Substances in
Personal Protective Equipment Worn by Firefighters.--
(1) In general.--Not later than 180 days after the
date of the submittal of the report required by
subsection (b)(3)(B), the Director of the National
Institute of Standards and Technology shall, subject to
the availability of appropriations--
(A) issue a solicitation for research
proposals to carry out the research
recommendations identified in the report
submitted under subsection (b)(3)(B); and
(B) award grants to applicants that submit
research proposals to develop safe alternatives
to per- and polyfluoroalkyl substances in
personal protective equipment.
(2) Criteria.--The Director shall select research
proposals to receive a grant under paragraph (1) on the
basis of merit, using criteria identified by the
Director, including the likelihood that the research
results will address the findings of the Director with
respect to the study conducted under subsection (b)(1).
(3) Eligible entities.--Any entity or group of 2 or
more entities may submit to the Director a research
proposal in response to the solicitation for research
proposals under paragraph (1), including--
(A) State and local agencies;
(B) public institutions, including public
institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(4) Authorization of appropriations.--There are
authorized to be appropriated $5,000,000 for fiscal
year 2023, $5,000,000 for fiscal year 2024, and
$5,000,000 for fiscal year 2025 to carry out this
section.
(d) Authority for Director of the National Institute of
Standards and Technology to Consult With Experts on Matters
Relating to Per- and Polyfluoroalkyl Substances.--In carrying
out this section, the Director of the National Institute of
Standards and Technology may consult with Federal agencies,
nongovernmental organizations, State and local governments, and
science and research institutions determined by the Director to
have scientific or material interest in reducing unnecessary
occupational exposure to per- and polyfluoroalkyl substances by
firefighters.
SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS
WITH RESPECT TO NEED AND WILDFIRE RISK.
(a) Assessment of Programs.--
(1) In general.--The Secretary of Defense, acting
through the Director of the Defense Logistics Agency,
jointly with the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall assess
the Firefighter Property Program (FFP) and the Federal
Excess Personal Property Program (FEPP) implementation
and best practices, taking into account community need
and risk, including whether a community is an at-risk
community (as defined in section 101(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) Collaboration.--In carrying out the assessment
required under paragraph (1), the Secretary of Defense,
acting through the Director of the Defense Logistics
Agency, and the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall consult
with State foresters and participants in the programs
described in such paragraph.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall submit to the Committee on Armed Services
and the Committee on Agriculture of the House of
Representatives and the Committee on Armed Services and the
Committee on Agriculture, Forestry, and Nutrition of the Senate
a report on the assessment required under paragraph (1) of
subsection (a) and any findings and recommendations with
respect to the programs described in such paragraph.
Subtitle C--Logistics and Sustainment
SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 118 the following new
section:
``Sec. 118a. National Defense Sustainment and Logistics Review
``(a) Review Required.--Upon submission of each national
defense strategy under section 113(g) of this title, the
Secretary of Defense shall conduct a comprehensive review of
the sustainment and logistics requirements necessary to support
the force structure, force modernization, infrastructure, force
deployment capabilities, and other elements of the defense
program and policies of the United States during the subsequent
5-, 10-, and 25-year periods. Each such review shall be known
as the `National Defense Sustainment and Logistics Review'.
Each such review shall be conducted in consultation with the
Secretaries of the military departments, the Chiefs of Staff of
the Armed Forces, all functional and geographic combatant
commanders, and the Director of the Defense Logistics Agency.
``(b) Report to Congress.--(1) Not later than the first
Monday in February of the year following the fiscal year during
which the National Defense Strategy was submitted under section
113(g) of this title, the Secretary shall submit to the
congressional defense committees a report on the review
required by subsection (a). Each such report shall include each
of the following:
``(A) An assessment of the strategic, operational,
and tactical maritime logistics force (including non-
military assets provided by Military Sealift Command,
the Maritime Administration, and through the Voluntary
Intermodal Sealift Agreement and Voluntary Tanker
Agreement) required to support sealift, at sea
logistics, and over-the-shore logistics of forces to
meet steady state and contingency requirements and the
strategic and intra-theater movement of supplies,
personnel, and equipment.
``(B) An assessment of the strategic, operational,
and tactical airlift and tankers (including non-
military assets provided by the Civil Reserve Air
Fleet) required to meet steady state and contingency
requirements.
``(C) An assessment of the location, configuration,
material condition, and inventory of prepositioned
materiel, equipment, and war reserves programs, as well
as the ability to store and distribute these items to
deployed military forces, required to meet steady state
and contingency requirements.
``(D) An assessment of the location,
infrastructure, and storage capacity for petroleum,
oil, and lubricant products, as well as the ability to
store, transport, and distribute such products from
storage supply points to deployed military forces,
required to meet steady state and contingency
requirements.
``(E) An assessment of the capabilities, capacity,
and infrastructure of the Department of Defense organic
industrial base and private sector industrial base
required to meet steady-state and surge software and
depot maintenance requirements.
``(F) An assessment of the production capability,
capacity, and infrastructure, of the Department of
Defense organic industrial base and private sector
industrial base required to meet steady-state and surge
production requirements for ammunition and other
military munitions.
``(G) An assessment of the condition, capacity,
location, and survivability under likely threats of
military infrastructure located both inside the
continental United States and outside the continental
United States, including agreements with and
infrastructure provided by international partners,
required to generate, project, and sustain military
forces to meet steady-state and contingency
requirements.
``(H) An assessment of the cybersecurity risks to
military and commercial logistics networks and
information technology systems.
``(I) An assessment of the gaps between the
requirements identified under subparagraphs (A) through
(H) compared to the actual force structure and
infrastructure capabilities, capacity, and posture and
the risks associated with each gap as it relates to the
ability to meet the national defense strategy.
``(J) A discussion of the identified mitigations
being pursued to address each gap and risk identified
under subparagraph (I) as well as the initiatives and
resources planned to address such gaps, as included in
the Department of Defense budget request submitted
during the same year as the report and the applicable
future-years defense program.
``(K) An assessment of the extent to which wargames
incorporate logistics capabilities and threats and a
description of the logistics constraints and restraints
to operations identified through such wargames.
``(L) An assessment of the ability of the
Department of Defense, the Armed Forces, and the
combatant commands to leverage and integrate emergent
logistics related technologies and advanced computing
systems.
``(M) Such other matters the Secretary of Defense
considers appropriate.
``(2) In preparing the report under paragraph (1), the
Secretary of Defense shall consult with, and consider the
recommendations of, the Chairman of the Joint Chiefs of Staff.
``(3) The report required under this subsection shall be
submitted in classified form and shall include an unclassified
summary.
``(c) Comptroller General Review.--Not later than 180 days
after the date on which Secretary submits each report required
under subsection (b), the Comptroller General shall submit to
the congressional defense committees a report that includes an
assessment of each of the following:
``(1) Whether the report includes each of the
elements referred to in subsection (b).
``(2) The strengths and weaknesses of the approach
and methodology used in conducting the review required
under subsection (a) that is covered by the report.
``(3) Any other matters relating to sustainment
that may arise from the report, as the Comptroller
General considers appropriate.
``(d) Relationship to Budget.--Nothing in this section
shall be construed to affect section 1105(a) of title 31.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 118 the following new item:
``118a. National Defense Sustainment and Logistics Review.''.
(c) Deadline for Submittal of First Report.--
Notwithstanding the deadline in subsection (b)(1) of section
118a of title 10, United States Code, as added by subsection
(a), the Secretary of Defense shall submit the first report
under such section not later than the date that is 18 months
after the date of the enactment of this Act, unless a new
National Defense Strategy is released prior to such date.
SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE AMOUNT FOR
CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR
FLEET.
Section 9515 of title 10, United States Code, is amended by
striking subsection (k).
SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT
MAINTENANCE BUDGET REPORT.
Section 363(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by adding
at the end the following new paragraphs:
``(6) The execution of the planned schedule,
categorized by class of ship, for each of the three
preceding fiscal years, including--
``(A) the actual contract award compared to
the milestone;
``(B) the planned completion date compared
to the actual completion date; and
``(C) each regional maintenance center's
availability schedule performance for on-time
availability completion.
``(7) In accordance with the findings of the
Government Accountability Office (GAO 20-370)--
``(A) in 2021, an analysis plan for the
evaluation of pilot program availabilities
funded by the Other Procurement, Navy account;
and
``(B) in 2022, a report on the Navy's
progress implementing such analysis plan.''.
SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF CURRENTLY DEPLOYED NAVAL VESSELS.
Section 323(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1720; 10 U.S.C. 8690 note) is amended by striking ``In
the case of any naval vessel'' and inserting ``In the case of
any aircraft carrier, amphibious ship, cruiser, destroyer,
frigate, or littoral combat ship''.
SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT.
(a) Establishment.--The Secretary of Defense shall
establish an independent advisory panel (in this section
referred to as the ``panel'') on the weapon system sustainment
ecosystem. The National Defense University and the Defense
Acquisition University shall sponsor the panel, including by
providing administrative support.
(b) Membership.--
(1) Composition.--The panel shall be comprised of
nine members, of whom--
(A) five shall be appointed by the
Secretary of Defense;
(B) one shall be appointed by the Chairman
of the Committee on Armed Services of the
Senate;
(C) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the Senate;
(D) one shall be appointed by the Chairman
of the Committee on Armed Services of the House
of Representatives; and
(E) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the House of Representatives.
(2) Expertise.--In making appointments under this
subsection, consideration should be given to
individuals with expertise in public and private-sector
acquisition, sustainment, and logistics policy in
aviation, ground, maritime systems, and space systems
and their related components.
(3) Appointment date.--The appointment of the
members of the panel shall be made not later than 120
days after the date of the enactment of this Act.
(c) Duties.--The panel shall--
(1) review the weapon system sustainment ecosystem
from development, production, and sustainment of the
weapon system through use in the field, depot and
field-level maintenance, modification, and disposal
with a goal of--
(A) maximizing the availability and mission
capabilities of weapon systems;
(B) reducing overall life-cycle costs of
weapon systems during fielding, operation and
sustainment; and
(C) aligning weapon system sustainment
functions to the most recent national defense
strategy submitted pursuant to section 113 of
title 10, United States Code; and
(2) using information from the review of the weapon
system sustainment ecosystem, make recommendations
related to statutory, regulatory, policy, or
operational best practices the panel considers
necessary.
(d) Report.--
(1) Interim report.--Not later than 1 year after
the date on which all members of the panel have been
appointed, the panel shall provide to the Secretary of
Defense and the Committees on Armed Services of the
Senate and House of Representatives a briefing on the
interim findings and recommendations of the panel.
(2) Final report.--Not later than 2 years after the
date on which all members of the panel have been
appointed, the panel shall submit to the Secretary of
Defense and the Committees on Armed Services of the
Senate and House of Representatives a report setting
forth a detailed statement of the findings and
conclusions of the panel as a result of the review
described in subsection (c), together with such
recommendations related to statutory, regulatory,
policy, or operational practices as the panel considers
appropriate in light of the results of the review.
(e) Administrative Matters.--
(1) In general.--The Secretary of Defense shall
provide the panel with timely access to appropriate
information, data, resources, analysis, and logistics
support so that the panel may conduct a thorough and
independent assessment as required under this section.
(2) Effect of lack of appointment by appointment
date.--If any member has not been appointed by the date
specified in subsection (b)(3), the authority to
appoint such member under subsection (b)(1) shall
expire, and the number of members of the panel shall be
reduced by the number equal to the number of
appointments so not made.
(3) Period of appointment; vacancies.--Members of
the panel shall be appointed for the duration of the
panel. Any vacancy in the panel shall not affect its
powers, but shall be filled in the same manner as the
original appointment.
(4) Chair.--The panel shall select a Chair from
among its members. The Chair may not be a Federal
officer or employee.
(f) Termination.--The panel shall terminate 90 days after
the date on which the panel submits the report required under
subsection (d)(2).
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE
OPTIMIZATION PLAN.
(a) Briefings Required.--During the period beginning on
July 1, 2020, and ending on July 1, 2025, the Secretary of the
Navy shall provide to the congressional defense committees
biannual briefings on the status of the Shipyard Infrastructure
Optimization Plan.
(b) Elements of Briefings.--Each briefing under subsection
(a) shall include a discussion of the status of each of the
following elements:
(1) A master plan for infrastructure development,
including projected military construction and capital
equipment projects.
(2) A planning and design update for military
construction, minor military construction, and facility
sustainment projects over the subsequent five-year
period.
(3) A human capital management and development
plan.
(4) A workload management plan that includes
synchronization requirements for each shipyard and ship
class.
(5) Performance metrics and an assessment plan.
(6) A funding and authority plan that includes
funding lines across the future years defense program.
(7) A listing of equipment from Federal Supply
Classes 3411 (Boring Machines), 3416 (Lathes) and 3441
(Bending and Forming Machines) that has been
unserviceable for over 30 consecutive days, including,
for each such piece of equipment--
(A) the reason for the delayed repair;
(B) the availability of technical
representatives from the manufacturer to
provide assistance in diagnosing and repairing
the discrepancy; and
(C) the estimated time to repair.
SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR WEAPON
SYSTEMS.
(a) In General.--Section 118 of title 10, United States
Code, is amended--
(1) by amending the section heading to read as
follows: ``Materiel readiness metrics and objectives
for major weapon systems'';
(2) by striking ``Not later than five days'' and
inserting the following:
``(d) Budget Justification.--Not later than five days'';
(3) by inserting before subsection (d) (as
designated by paragraph (2)) the following new
subsections:
``(a) Materiel Readiness Metrics.--Each head of an element
of the Department specified in paragraphs (1) through (10) of
section 111(b) of this title shall establish and maintain
materiel readiness metrics to enable assessment of the
readiness of members of the armed forces to carry out--
``(1) the strategic framework required by section
113(g)(1)(B)(vii) of this title; and
``(2) guidance issued by the Secretary of Defense
pursuant to section 113(g)(1)(B) of this title.
``(b) Required Metrics.--At a minimum, the materiel
readiness metrics required by subsection (a) shall address the
materiel availability, operational availability, operational
capability, and materiel reliability of each major weapon
system by designated mission, design series, variant, or class.
``(c) Materiel Readiness Objectives.--(1) Not later than
one year after the date of the enactment of this subsection,
each head of an element described in subsection (a) shall
establish the metrics required by subsection (b) necessary to
support the strategic framework and guidance referred to in
paragraph (1) and (2) of subsection (a).
``(2) Annually, each head of an element described in
subsection (a) shall review and revise the metrics required by
subsection (b) and include any such revisions in the materials
submitted to Congress in support of the budget of the President
under section 1105 of title 31.'';
(4) in subsection (d) (as designated by paragraph
(2))--
(A) in paragraph (1)--
(i) by striking ``materiel
reliability, and mean down time metrics
for each major weapons system'' and
inserting ``operational availability,
and materiel reliability for each major
weapon system''; and
(ii) by inserting ``and'' at the
end;
(B) in paragraph (2), by striking ``; and''
and inserting a period at the end; and
(C) by striking paragraph (3); and
(5) by adding at the end the following new
subsection:
``(e) Definitions.--In this section:
``(1) The term `major weapon system' has the
meaning given in section 2379(f) of this title.
``(2) The term `materiel availability' means a
measure of the percentage of the total inventory of a
major weapon system that is operationally capable of
performing an assigned mission.
``(3) The term `materiel reliability' means the
probability that a major weapon system will perform
without failure over a specified interval.
``(4) The term `operational availability' means a
measure of the percentage of time a major weapon system
is operationally capable.
``(5) The term `operationally capable' means a
materiel condition indicating that a major weapon
system is capable of performing its assigned mission
and has no discrepancies with a subsystem of a major
weapon system.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 2 of title 10, United States Code, is
amended by striking the item relating to section 118 and
inserting the following new item:
``118. Materiel readiness metrics and objectives for major defense
acquisition programs.''.
SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION TO DIRECTOR
OF DEFENSE LOGISTICS AGENCY THREE YEARS PRIOR TO
IMPLEMENTING CHANGES TO ANY UNIFORM OR UNIFORM
COMPONENT.
Section 356 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 771 note prec.) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
(3) in subsections (a) and (b), as so redesignated,
by striking ``Commander'' each place it appears and
inserting ``Director''.
Subtitle D--Munitions Safety and Oversight
SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD.
(a) Responsibilities.--Section 172 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(c) Responsibilities of Chair.--The chair of the
explosive safety board shall carry out the following
responsibilities:
``(1) To act as the principal executive
representative and advisor of the Secretary on
explosive and chemical agent safety matters related to
Department of Defense military munitions.
``(2) To perform the hazard classification approval
duties assigned to the chair.
``(3) To preside over meetings of the explosive
safety board.
``(4) To direct the staff of the explosive safety
board.
``(5) To performs other functions relating to
explosives safety management, as directed by the
Assistant Secretary of Defense for Sustainment.
``(6) To provide impartial and objective advice
related to explosives safety management to the
Secretary of Defense and the heads of the military
departments.
``(7) To serve as the principal representative and
advisor of the Department of Defense on matters
relating to explosives safety management.
``(8) To provide assistance and advice to the Under
Secretary of Defense for Acquisition and Sustainment
and the Deputy Director of Land Warfare and Munitions
in munitions acquisition oversight and technology
advancement for Department of Defense military
munitions, especially in the areas of explosives and
chemical agent safety and demilitarization.
``(9) To provide assistance and advice to the
Assistant Secretary of Defense for Logistics and
Material Readiness in sustainment oversight of
Department of Defense military munitions, especially in
the areas of explosives and chemical agent safety,
storage, transportation, and demilitarization.
``(10) To develop and recommend issuances to define
the functions of the explosive safety board.
``(11) To establishes joint hazard classification
procedures with covered components of the Department.
``(12) To make recommendations to the Under
Secretary of Defense for Acquisition and Sustainment
with respect to explosives and chemical agent safety
tenets and requirements.
``(13) To conducts oversight of Department of
Defense explosive safety management programs.
``(14) To carry out such other responsibilities as
the Secretary of Defense determines appropriate.
``(d) Responsibilities of Executive Director and Civilian
Members.--The executive director and civilian members of the
explosive safety board shall--
``(1) provide assistance to the chair in carrying
out the responsibilities specified in subsection (c);
and
``(2) carry out such other responsibilities as the
chair determines appropriate.
``(e) Meetings.--(1) The explosive safety board shall meet
not less frequently than quarterly.
``(2) The chair shall submit to the congressional defense
committees an annual report describing the activities conducted
at the meetings of the board.
``(f) Exclusive Responsibilities.--The explosive safety
board shall have exclusive responsibility within the Department
of Defense for--
``(1) recommending new and updated explosive and
chemical agent safety regulations and standards to the
Assistant Secretary of Defense for Energy Installations
and Environment for submittal to the Under Secretary of
Defense for Acquisition and Sustainment; and
``(2) acting as the primary forum for coordination
among covered components of the Department on all
matters related to explosive safety management.
``(g) Covered Components.--In this section, the covered
components of the Department are each of the following:
``(1) The Office of the Secretary of Defense.
``(2) The military departments.
``(3) The Office of the Chairman of the Joint
Chiefs of Staff and the Joint Staff, the Combatant
Commands.
``(4) The Office of the Inspector General of the
Department.
``(5) The Defense Agencies.
``(6) The Department of Defense field activities.
``(7) All other organizational entities within the
Department.''.
(b) Deadline for Appointment.--By not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall take such steps as may be necessary to ensure
that the explosive safety board of the Department of Defense,
as authorized under section 172 of title 10, United States
Code, has a chair who is a military officer and whose
responsibilities include the day-to-day management of the
explosive safety board and the responsibilities provided in
subsection (c) of such section.
(c) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated or otherwise made available in this Act for
the Office of the Under Secretary of Defense for Acquisition
and Sustainment for fiscal year 2021, not more than 75 percent
may be obligated or expended until the date on which the Under
Secretary of Defense certifies to the congressional defense
committees that all board member positions, including the
chair, of the Department of Defense explosive safety board, as
authorized under section 172 of title 10, United States Code,
as amended by this section, have been filled by military
officers as required by such section.
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Section
2284(b) of title 10, United States Code, as amended by section
1052 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92), is further amended--
(1) in paragraph (1)(A)--
(A) by inserting ``and'' before
``integration''; and
(B) by striking ``an Assistant Secretary of
Defense'' and inserting ``the Assistant
Secretary of Defense for Special Operations and
Low Intensity Conflict'';
(2) in paragraph (2), by striking ``to whom
responsibility is assigned under paragraph (1)(A)'' and
inserting ``for Special Operations and Low Intensity
Conflict'';
(3) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(4) by inserting after paragraph (2) the following
new paragraph (3):
``(3) the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict shall
coordinate with--
``(A) the Under Secretary of Defense for
Intelligence on explosive ordnance technical
intelligence;
``(B) the Under Secretary of Defense for
Acquisition and Sustainment on explosive
ordnance disposal research, development,
acquisition, and sustainment;
``(C) the Under Secretary of Defense for
Research and Engineering on explosive ordnance
disposal research, development, test, and
evaluation;
``(D) the Assistant Secretary of Defense
for Homeland Security and Global Security on
explosive ordnance disposal on defense support
of civil authorities; and
``(E) the Assistant Secretary of Defense
for Nuclear, Chemical, and Biological Defense
programs on explosive ordnance disposal for
combating weapons of mass destruction;''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report of the Explosive Ordnance
Disposal Defense Program under section 2284 of title 10, United
States Code. Such report shall include each of the following:
(1) The status of the establishment and
organization of the Program and the compliance with the
requirements of such section, as amended by section
1052 of the National Defense Authorization Act for
Fiscal Year 2020.
(2) An assessment of the feasibility and
advisability of designating the Joint Program Executive
Officer for Armaments and Ammunition as the joint
program executive officer for the explosive ordnance
disposal program, establishing a rotation of the role
between an Army, Navy, and Air Force entity on a
periodic basis, or other options determined
appropriate.
(3) An assessment of the feasibility and
advisability of designating the Director of the Defense
Threat Reduction Agency with management responsibility
for a Defense-wide program element for explosive
ordnance disposal research, development, test, and
evaluation transactions other than contracts,
cooperative agreements, and grants related to section
2371 of title 10, United States Code, during research
projects including rapid prototyping and limited
procurement urgent activities and acquisition.
SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE MUNITIONS
ENTERPRISE.
(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with a federally-funded research and
development center with relevant expertise under which such
center shall conduct an assessment of the resilience of the
Department of Defense munitions enterprise.
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the points of failure with
respect to the munitions enterprise, including physical
locations, materials, suppliers, contractors, and other
relevant elements, that, if failure occurs, would have
the largest negative impact on the capacity,
resiliency, and safety of the enterprise.
(2) An evaluation of the efforts of the Department
of Defense to address the points of failure identified
under paragraph (1).
(3) Recommendation with respect to any additional
efforts or actions that could be taken to provide for
mitigation or solutions with respect to such points of
failure.
(4) An evaluation of the capacity of the munitions
enterprise to support a sudden surge in demand to
support a contingency.
(5) An evaluation of the capacity of the munitions
enterprise to withstand intentional disruption during a
conflict.
(c) Report and Briefings.--The Secretary shall--
(1) submit to the congressional defense committees
a report on the results of assessment conducted under
this section by not later than December 31, 2021; and
(2) provide for such committees interim briefings
on such assessment upon request.
(d) Point of Failure.--In this section, the term ``point of
failure'' means, with respect to the munitions enterprise, an
aspect of the enterprise, that, if it were to fail or be
significantly negatively impacted would cause the portion of
the enterprise it supports to either fail or be significantly
negatively impacted.
SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF DEFENSE
MUNITIONS ENTERPRISE.
(a) Report Required.--The Secretary shall include with the
Department of Defense materials submitted to Congress with the
budget of the President for each of fiscal years 2022 through
2025 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code), a report on safety waivers
provided in the Department of Defense munitions enterprise.
Each such report shall include each of the following for the
year covered by the report and each of the preceding 3 years:
(1) A list of each waiver, exemption, and
secretarial exemption or certification provided with
respect to any Department of Defense munitions safety
standard.
(2) For each such waiver, exemption, or
certification provided--
(A) the location where the waiver,
exemption, or certification was provided;
(B) a summary of the justification used for
providing the waiver, exemption, or
certification;
(C) the time period during which the
waiver, exemption, or certification applies and
the number of times such a waiver, exemption,
or certification has been provided at that
location; and
(D) a list of all safety-related mishaps
that occurred at locations where waivers,
exemptions, or certifications were in place,
and for each such mishap, whether or not a
subsequent investigation determined the waiver,
exemption, or certification was related or may
have been related to the mishap.
(3) A list and summary of all class A through class
E mishaps related to the construction, storage,
transportation, usage, and demilitarization of
munitions.
(4) Any mitigation efforts in place at any location
where a waiver, exemption, or certification has been
provided or where a safety-related mishap has occurred.
(5) Such other matters as the Secretary determines
appropriate.
(b) Munitions Defined.--In this section, the term
``munitions'' includes ammunition, explosives, and chemical
agents.
Subtitle E--Other Matters
SEC. 361. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED
UNIFORM ITEMS.
(a) Pilot Program.--The Director of the Defense Logistics
Agency, in coordination with the Secretaries concerned, shall
carry out a pilot program for issuing maternity-related uniform
items to pregnant members of the Armed Forces, on a temporary
basis and at no cost to such member. In carrying out the pilot
program, the Director shall take the following actions:
(1) The Director shall maintain a stock of each
type of maternity-related uniform item determined
necessary by the Secretary concerned, including service
uniforms items, utility uniform items, and other items
relating to the command and duty assignment of the
member requiring issuance.
(2) The Director shall ensure that such items have
not been treated with the chemical permethrin.
(3) The Director, in coordination with the
Secretary concerned, shall determine a standard number
of maternity-related uniform items that may be issued
per member.
(4) The Secretary concerned shall ensure that any
member receiving a maternity-related uniform item
returns such item to the relevant office established
under paragraph (1) on the date on which the Secretary
concerned determines the member no longer requires such
item.
(5) The Secretary concerned shall inspect, process,
repair, clean, and re-stock items returned by a member
pursuant to paragraph (4) for re-issuance from such
relevant office.
(6) The Director, in coordination with the
Secretaries concerned, may issue such guidance and
regulations as necessary to carry out the pilot
program.
(b) Termination.--No maternity-related uniform items may be
issued to a member of the Armed Forces under the pilot program
after September 30, 2026.
(c) Report.--Not later than September 30, 2025, the
Director of the Defense Logistics Agency, in coordination with
the Secretaries concerned, shall submit to the congressional
defense committees a report on the pilot program. Such report
shall include each of the following:
(1) For each year during which the pilot program
was carried out, the number of members of the Armed
Forces who received a maternity-related uniform item
under the pilot program.
(2) An overview of the costs associated with, and
any savings realized by, the pilot program, including a
comparison of the cost of maintaining a stock of
maternity-related uniform items for issuance under the
pilot program versus the cost of providing allowances
to members for purchasing such items.
(3) A recommendation on whether the pilot program
should be extended after the date of termination under
subsection (b) and whether legislation is necessary for
such extension.
(4) Any other matters that the Secretary of Defense
determines appropriate.
SEC. 362. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS.
(a) In General.--The Secretary of the Army may enter into a
contract, partnership, or grant with a non-profit organization
for the purpose of providing financial support for the
maintenance and sustainment of infrastructure and facilities at
military service memorials and museums that highlight the role
of women in the military. Such a contract, partnership, or
grant shall be referred to as a ``Servicewomen's Commemorative
Partnership''.
(b) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for fiscal year 2021, as
identified in division D of this Act, $3,000,000 shall be
available for Servicewomen's Commemorative Partnerships under
subsection (a).
SEC. 363. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION.
(a) Annual Analysis.--For each fiscal year, beginning in
fiscal year 2023, the Director of the Office of Management and
Budget, in consultation with the Secretary of Health and Human
Services shall--
(1) conduct a detailed and comprehensive analysis
of Federal biodefense programs; and
(2) develop an integrated biodefense budget
submission.
(b) Definition of Biodefense.--In accordance with the
National Biodefense Strategy, the Director shall develop and
disseminate to all Federal departments and agencies a unified
definition of the term ``biodefense'' to identify which
programs and activities are included in the annual budget
submission required under subsection (a).
(c) Requirements for Analysis.--The analysis required under
subsection (a) shall include--
(1) the display of all funds requested for
biodefense activities, both mandatory and
discretionary, by agency and categorized by biodefense
enterprise element, such as threat awareness,
prevention, deterrence, preparedness, surveillance and
detection, response, attribution (including bioforensic
capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and
activity included aligns with biodefense goals and
objectives as part of the National Biodefense Strategy
required under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104).
(d) Submittal to Congress.--The Director, in consultation
with the Secretary of Health and Human Services, shall submit
to Congress the analysis required under subsection (a) for a
fiscal year concurrently with the President's annual budget
request for that fiscal year.
SEC. 364. UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION PLAN.
(a) In General.--The Secretaries of Health and Human
Services, Defense, Agriculture, Homeland Security, and all
other Departments and agencies with responsibilities for
biodefense, such as the Department of State, in consultation
with the Assistant to the President for National Security
Affairs and the Director of the Office of Management and
Budget, as appropriate, shall jointly, after reviewing the
biodefense threat assessment described in subsection (d) and
any relevant input from external stakeholders, as appropriate,
update the National Biodefense Implementation Plan developed
under section 1086 of the National Defense Authorization Act
for Fiscal Year 2017 (6 U.S.C. 104) to clearly document
established processes, roles, and responsibilities related to
the National Biodefense Strategy.
(b) Specific Updates.--The updated National Biodefense
Implementation Plan shall--
(1) describe the roles and responsibilities of the
Federal departments and agencies, including internal
and external coordination procedures, in identifying
and sharing information between and among Federal
departments and agencies, as described in section
1086(b)(4) of the National Defense Authorization Act
for Fiscal Year 2017 (6 U.S.C. 104(b)(4)) and
consistent with the statutory roles and authorities of
such departments and agencies;
(2) describe roles, responsibilities, and processes
for decisionmaking, including decisions regarding use
of resources for effective risk management across the
enterprise;
(3) describe resource plans for each department and
agency with responsibility for biodefense to support
implementation of the strategy within the jurisdiction
of such department or agency, including for the
Biodefense Coordination Team, as appropriate;
(4) describe guidance and methods for analyzing the
data collected from agencies to include non-Federal
resources and capabilities to the extent practicable;
and
(5) describe and update, as appropriate,
short-, medium-, and long-term goals for executing the
National Biodefense Strategy and metrics for meeting
each objective of the Strategy.
(c) Submittal to Congress.--The Secretary of Health and
Human Services, the Secretary of Defense, the Secretary of
Agriculture, and the Secretary of Homeland Security shall, not
later than 6 months after the date of the completion of the
assessment in subsection (d)(1)(A), submit the updated
Implementation Plan to the appropriate congressional
committees.
(d) Updated Biodefense Threat Assessment.--
(1) In general.--The Secretaries of Health and
Human Services, Defense, Agriculture, and Homeland
Security, shall jointly, and in consultation with the
Director of National Intelligence, and other agency
heads as appropriate--
(A) conduct an assessment of current and
potential biological threats against the United
States, both naturally occurring and man-made,
either accidental or deliberate, including the
potential for catastrophic biological threats,
such as a pandemic;
(B) not later than 1 year after the date of
enactment of this section, submit the findings
of the assessment conducted under subparagraph
(A) to the Federal officials described in
subsection (d)(1)and the appropriate
congressional committees described in
subsection (e);
(C) not later than 30 days after the date
on which the assessment is submitted under
subparagraph (B), conduct a briefing for the
appropriate congressional committees on the
findings of the assessment;
(D) update the assessment under
subparagraph (A) biennially, as appropriate,
and provide the findings of such updated
assessments to the Federal officials described
in subsection (d)(1) and the appropriate
congressional committees; and
(E) conduct briefings for the appropriate
congressional committees as needed any time an
assessment under this paragraph is updated.
(2) Classification and format.--Assessments under
paragraph (1) shall be submitted in an unclassified
format and include a classified annex, as appropriate.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the House
of Representatives and the Senate.
(2) The Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(6) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
(f) Rule of Construction.--Nothing in this section shall be
construed to alter, limit, or duplicate the roles,
responsibilities, authorities, or current activities, as
established in statute or otherwise through existing practice
or policy, of each Federal department or agency with
responsibilities for biodefense or otherwise relevant to
implementation of the National Biodefense Strategy.
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR MILITARY
INSTALLATIONS.
(a) Plans.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall ensure that each military installation
under the jurisdiction of the Secretary that does not
conduct live emergency response training on an annual
basis or more frequently with the civilian law
enforcement and emergency response agencies responsible
for responding to an emergency at the installation
develops a plan to conduct such training.
(2) Elements.--Each plan developed under paragraph
(1) with respect to an installation--
(A) shall include--
(i) the cost of implementing
training described in paragraph (1) at
the installation;
(ii) a description of any obstacles
to the implementation of such training;
and
(iii) recommendations for
mitigating any such obstacles; and
(B) shall be designed to ensure that the
civilian law enforcement and emergency response
agencies described in paragraph (1) are
familiar with--
(i) the physical features of the
installation, including gates,
buildings, armories, headquarters,
command and control centers, and
medical facilities; and
(ii) the emergency response
personnel and procedures of the
installation.
(3) Submittal of plans.--
(A) Submittal to secretary.--Not later than
90 days after the date of the enactment of this
Act, the commander of each military
installation required to develop a plan under
paragraph (1) shall submit such plan to the
Secretary of Defense.
(B) Submittal to congress.--Not later than
180 days after the date of the enactment of
this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and
the House of Representatives a summary of the
plans submitted to the Secretary under
subparagraph (A).
(b) Reports on Training Conducted.--
(1) List of installations.--Not later than March 1,
2021, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a list of all military installations
under the jurisdiction of the Secretary that conduct
live emergency response training on an annual basis or
more frequently with the civilian law enforcement and
emergency response agencies responsible for responding
to an emergency at the installation.
(2) Annual reports.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
and annually thereafter, the commander of each
military installation under the jurisdiction of
the Secretary shall submit to the Secretary a
report on each live emergency response training
conducted during the year covered by the report
with the civilian law enforcement and emergency
response agencies responsible for responding to
an emergency at the installation.
(B) Elements.--Each report submitted under
subparagraph (A) shall include, with respect to
each training exercise, the following:
(i) The date and duration of the
exercise.
(ii) A detailed description of the
exercise.
(iii) An identification of all
military and civilian personnel who
participated in the exercise.
(iv) Any recommendations resulting
from the exercise.
(v) The actions taken, if any, to
implement such recommendations.
(C) Inclusion in annual budget
submission.--
(i) In general.--The Secretary
shall include in the budget submitted
to Congress by the President pursuant
to section 1105(a) of title 31, United
States Code, a summary of any report
submitted to the Secretary under
subparagraph (A) during the one-year
period preceding the submittal of the
budget.
(ii) Classified form.--The summary
submitted under clause (i) may be
submitted in classified form.
(D) Sunset.--The requirement to submit
annual reports under subparagraph (A) shall
terminate upon the submittal of the budget
described in subparagraph (C)(i) for fiscal
year 2024.
SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND DOLLAR
LIMITATION REQUIREMENTS FOR ADVANCE BILLINGS FOR
CERTAIN BACKGROUND INVESTIGATIONS.
Section 2208(l) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) This subsection shall not apply to advance billing
for background investigation and related services performed by
the Defense Counterintelligence and Security Agency.''.
SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST
OVERRUNS AND FOR CHANGES IN SCOPE OF WORK.
Section 8683 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Treatment of Amounts Appropriated After End of Period
of Obligation.--In the application of section 1553(c) of title
31 to funds appropriated in the Operation and Maintenance, Navy
account that are available for ship overhaul, the Secretary of
the Navy may treat the limitation specified in paragraph (1) of
such section to be `$10,000,000' rather than `$4,000,000'.''.
SEC. 368. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT SECURITY AND
EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO
ACTIVE SHOOTER OR TERRORIST ATTACKS ON
INSTALLATIONS OF DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
implement the applicable security and emergency response
recommendations relating to active shooter or terrorist attacks
on installations of the Department of Defense made in the
following reports:
(1) The report by the Government Accountability
Office dated July 2015 entitled, ``Insider Threats: DOD
Should Improve Information Sharing and Oversight to
Protect U.S. Installations'' (GAO-15-543).
(2) The report prepared by the Department of the
Navy relating to the Washington Navy Yard shooting in
2013.
(3) The report by the Department of the Army dated
August 2010 entitled ``Fort Hood, Army Internal Review
Team: Final Report''.
(4) The independent review by the Department of
Defense dated January 2010 entitled ``Protecting the
Force: Lessons from Fort Hood''.
(5) The report by the Department of the Air Force
dated October 2010 entitled ``Air Force Follow-On
Review: Protecting the Force: Lessons from Fort Hood''.
(b) Notification of Inapplicable Recommendations.--
(1) In general.--If the Secretary determines that a
recommendation described in subsection (a) is outdated,
is no longer applicable, or has been superseded by more
recent separate guidance or recommendations set forth
by the Government Accountability Office, the Department
of Defense, or another entity in related contracted
review, the Secretary shall notify the Committees on
Armed Services of the Senate and the House of
Representatives not later than 45 days after the date
of the enactment of this Act.
(2) Identification and justification.--The
notification under paragraph (1) shall include an
identification, set forth by report specified in
subsection (a), of each recommendation that the
Secretary determines should not be implemented, with a
justification for each such determination.
SEC. 369. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR
BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Before making any final rule, statement,
or determination regarding the limitation or prohibition of any
food or beverage ingredient in military food service, military
medical foods, commissary food, or commissary food service, the
Secretary of Defense shall publish in the Federal Register a
notice of a preliminary rule, statement, or determination (in
this section referred to as a ``proposed action'') and provide
opportunity for public comment.
(b) Matters to Be Included.--The Secretary shall include in
any notice published under subsection (a) the following:
(1) The date of the notice.
(2) Contact information for the appropriate office
at the Department of Defense.
(3) A summary of the notice.
(4) A date for comments to be submitted and
specific methods for submitting comments.
(5) A description of the substance of the proposed
action.
(6) Findings and a statement of reasons supporting
the proposed action.
(c) Waiver Authority.--
(1) Military operations and emergency response.--
The Secretary may waive subsections (a) and (b) if the
Secretary determines that such a waiver is necessary
for military operations or for the response to a
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.), a
medical emergency, or a pandemic.
(2) Protection of human health.--The Secretary may
waive subsections (a) and (b) if the Food and Drug
Administration, the Surgeon General of the United
States, or the Surgeons General of the Department of
Defense makes a recall or prohibition determination due
to certain ingredients being harmful for human
consumption.
(3) Notification required.--
(A) In general.--The Secretary shall notify
the congressional defense committees not later
than 60 days after exercising waiver authority
under paragraph (1).
(B) Elements.--The notification required
under subparagraph (A) shall include, with
respect to each waiver, the following elements:
(i) The date, time, and location of
the issuance of the waiver.
(ii) A detailed justification for
the issuance of the waiver.
(iii) An identification of the
rule, statement, or determination for
which the Secretary issued the waiver,
including the proposed duration of such
rule, statement, or determination.
SEC. 370. COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF
DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF
AMERICA OR ANY PERSON WHO SERVED VOLUNTARILY WITH
THE CONFEDERATE STATES OF AMERICA.
(a) Removal.--Not later than three years after the date of
the enactment of this Act, the Secretary of Defense shall
implement the plan submitted by the commission described in
paragraph (b) and remove all names, symbols, displays,
monuments, and paraphernalia that honor or commemorate the
Confederate States of America (commonly referred to as the
``Confederacy'') or any person who served voluntarily with the
Confederate States of America from all assets of the Department
of Defense.
(b) In General.--The Secretary of Defense shall establish a
commission relating to assigning, modifying, or removing of
names, symbols, displays, monuments, and paraphernalia to
assets of the Department of Defense that commemorate the
Confederate States of America or any person who served
voluntarily with the Confederate States of America.
(c) Duties.--The Commission shall--
(1) assess the cost of renaming or removing names,
symbols, displays, monuments, or paraphernalia that
commemorate the Confederate States of America or any
person who served voluntarily with the Confederate
States of America;
(2) develop procedures and criteria to assess
whether an existing name, symbol, monument, display, or
paraphernalia commemorates the Confederate States of
America or person who served voluntarily with the
Confederate States of America;
(3) recommend procedures for renaming assets of the
Department of Defense to prevent commemoration of the
Confederate States of America or any person who served
voluntarily with the Confederate States of America;
(4) develop a plan to remove names, symbols,
displays, monuments, or paraphernalia that commemorate
the Confederate States of America or any person who
served voluntarily with the Confederate States of
America from assets of the Department of Defense,
within the timeline established by this Act; and
(5) include in the plan procedures and criteria for
collecting and incorporating local sensitivities
associated with naming or renaming of assets of the
Department of Defense.
(d) Membership.--The Commission shall be composed of eight
members, of whom--
(1) four shall be appointed by the Secretary of
Defense;
(2) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(3) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(4) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(5) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(e) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(f) Initial Meeting.--The Commission shall hold its initial
meeting on the date that is 60 days after the enactment of this
Act.
(g) Briefings and Reports.--Not later than October 1, 2021,
the Commission shall brief the Committees on Armed Services of
the Senate and House of Representatives detailing the progress
of the requirements under subsection (c). Not later than
October 1, 2022, and not later than 90 days before the
implementation of the plan in subsection (c)(4), the Commission
shall present a briefing and written report detailing the
results of the requirements under subsection (c), including:
(1) A list of assets to be removed or renamed.
(2) Costs associated with the removal or renaming
of assets in subsection (g)(1).
(3) Criteria and requirements used to nominate and
rename assets in subsection (g)(1).
(4) Methods of collecting and incorporating local
sensitivities associated with the removal or renaming
of assets in subsection (g)(1).
(h) Funding.--
(1) Authorization of appropriations.--There is
authorized to be appropriated $2,000,000 to carry out
this section.
(2) Offset.--The amount authorized to be
appropriated by the Act for fiscal year 2021 for
Operations and Maintenance, Army, sub activity group
434 - other personnel support is hereby reduced by
$2,000,000.
(i) Assets Defined.--In this section, the term ``assets''
includes any base, installation, street, building, facility,
aircraft, ship, plane, weapon, equipment, or any other property
owned or controlled by the Department of Defense.
(j) Exemption for Grave Markers.--Shall not cover monuments
but shall exempt grave markers. Congress expects the commission
to further define what constitutes a grave marker.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum
levels.
Sec. 403. Modification of the authorized number and accounting method
for senior enlisted personnel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths
for non-temporary military technicians (dual status) and end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2021, as follows:
(1) The Army, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 181,200.
(4) The Air Force, 333,475.
SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
(a) In General.--Section 691 of title 10, United States
Code, is amended--
(1) in the heading, by striking ``two major
regional contingencies'' and inserting ``the National
Defense Strategy'';
(2) in subsection (a)--
(A) by striking ``a national defense
strategy calling for'' and inserting ``the
national defense strategy of''; and
(B) by striking ``to be able to
successfully conduct two nearly simultaneous
major regional contingencies'';
(3) in subsection (b), by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
``(1) For the Army, 485,900.
``(2) For the Navy, 347,800.
``(3) For the Marine Corps, 181,200.
``(4) For the Air Force, 333,475.''; and
(4) in subsection (e)--
(A) by inserting ``or the Secretary
concerned'' after ``Secretary of Defense''; and
(B) by striking ``reduce a number specified
in subsection (b) by not more than 2 percent''
and inserting ``vary a number specified in
subsection (b) in accordance with section 115
of this title''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
the item relating to section 691 and inserting the following:
``691. Permanent end strength levels to support the National Defense
Strategy''.
SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING METHOD
FOR SENIOR ENLISTED PERSONNEL.
(a) In General.--Section 517 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``daily
average'' and inserting ``enlisted end strength'';
(2) in subsection (a)--
(A) by striking ``daily average number of''
and inserting ``end strength for'';
(B) by striking ``in a fiscal year'' and
inserting ``as of the last day of a fiscal
year'';
(C) by striking ``2.5 percent'' and
inserting ``3.0 percent''; and
(D) by striking ``on the first day of that
fiscal year''; and
(3) by striking subsection (b).
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 31 of such title is amended by striking
the item relating to section 517 and inserting the following
new item:
``517. Authorized enlisted end strength: members in pay grades E-8 and
E-9.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2021, as follows:
(1) The Army National Guard of the United States,
336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States,
108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units
and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2021, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States,
25,333.
(6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians
(dual status) as of the last day of fiscal year 2021 for the
reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army National Guard of the United
States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United
States, 10,994.
(4) For the Air Force Reserve, 7,947.
(b) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve program
of a reserve component. If a military technician (dual status)
declines to participate in such realignment or conversion, no
further action will be taken against the individual or the
individual's position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2021, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States,
17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END STRENGTHS
FOR NON-TEMPORARY MILITARY TECHNICIANS (DUAL
STATUS) AND END STRENGTHS FOR TEMPORARY MILITARY
TECHNICIANS (DUAL STATUS).
(a) In General.--Section 115(d) of title 10, United States
Code, is amended--
(1) in the first sentence, by striking ``the end
strength for military technicians (dual status)'' and
inserting ``both the minimum end strength for non-
temporary military technicians (dual status) and the
end strength for temporary military technicians (dual
status)''; and
(2) in the third sentence, by striking ``the end
strength requested for military technicians (dual
status)'' and inserting ``the minimum end strength for
non-temporary military technicians (dual status), and
the end strength for temporary military technicians
(dual status), requested''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the day after the date of the enactment of
this Act. The amendment made by subsection (a)(2) shall apply
with respect to budgets submitted by the President to Congress
under section 1105 of title 31, United States Code, after such
effective date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2021 for the use
of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for,
for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2021.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19 emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of the
Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records and
databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military justice
system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. Clarification of termination of leases of premises and motor
vehicles of servicemembers who incur catastrophic injury or
illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of
Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE
DUTY.
(a) Exclusion of Certain General and Flag Officers of
Reserve Components on Active Duty From Strength Limitations.--
Section 526a of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Exclusion of Certain Officers of Reserve
Components.--The limitations of this section do not apply to
the following:
``(1) A general or flag officer of a reserve
component who is on active duty--
``(A) for training; or
``(B) under a call or order specifying a
period of less than 180 days.
``(2)(A) A general or flag officer of a reserve
component who is authorized by the Secretary of the
military department concerned to serve on active duty
for a period of at least 180 days and not longer than
365 days.
``(B) The Secretary of the military department
concerned may authorize a number, determined under
subparagraph (C), of officers in the reserve component
of each armed force under the jurisdiction of that
Secretary to serve as described in subparagraph (A).
``(C) Each number described in subparagraph (B) may
not exceed 10 percent of the number of general or flag
officers, as the case may be, authorized to serve in
the armed force concerned under section 12004 of this
title. In determining a number under this subparagraph,
any fraction shall be rounded down to the next whole
number that is greater than zero.
``(3)(A) A general or flag officer of a reserve
component who is on active duty for a period longer
than 365 days and not longer than three years.
``(B) The number of officers described in
subparagraph (A) who do not serve in a position that is
a joint duty assignment for purposes of chapter 38 of
this title may not exceed five per armed force, unless
authorized by the Secretary of Defense.''.
(b) Allocation of Billets and Positions Among the Armed
Forces and for Joint Duty Assignments.--
(1) Report required.--Not later than May 1, 2021,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of a study,
conducted by the Secretary for purposes of the report,
on the following:
(A) The allocation among the Armed Forces
of billets and positions for general and flag
officers on active duty.
(B) The allocation for joint duty
assignments of billets and positions for
general and flag officers on active duty.
(2) Consultation.--The Secretary of Defense shall
carry out paragraph (1) in the consultation with the
Secretaries of the military departments and the
Chairman of the Joint Chiefs of Staff.
(3) Elements.--The report required by paragraph (1)
shall include the following:
(A) A final plan to meet the authorized
strengths of general and flag officers on
active duty after December, 31, 2022, as
required by section 526a of title 10, United
States Code, which plan shall set forth the
intended disposition of each billet or position
for general or flag officer in effect as of the
date of the enactment of this Act in order to
meet the objectives of the plan.
(B) A recommendation by the Secretary of
Defense as to the appropriate grade level or
levels for the billet or position of commander
of a component command within a combatant
command.
(C) A recommendation by the Chairman of the
Joint Chief of Staff as to whether the billet
or position of commander of a component command
within a combatant command should be considered
a joint duty assignment for purposes of section
526(b) or 526a(b) of title 10, United States
Code.
(D) A recommendation by the Secretary of
Defense as to the allocation of billets and
positions for general and flag officers on
active duty among the Armed Forces within the
aggregate limitation specified in section
526a(a) of title 10, United States Code,
including the allocation of such billets and
positions within the Space Force.
(E) Such other matters as the Secretary of
Defense considers appropriate.
(c) Increase in Army Authorization for General Officers
Serving in Grade O-10.--
(1) Increase.--Section 525(a)(1)(A) of title 10,
United States Code, is amended by striking ``7'' and
inserting ``8''.
(2) Conforming decrease in strength limitations for
joint duty requirements.--Section 526(b)(3)(A) of such
title is amended by striking ``20'' and inserting
``19''.
(3) Construction of decrease as applying to
generals.--The reduction in number of positions
excluded from authorized strength limitations resulting
from the amendment made by paragraph (2) shall apply to
positions in the grade of general.
SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE
SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON
ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Regular Officers.--Subparagraph (D) of section
533(b)(1) of title 10, United States Code, is amended to read
as follows:
``(D) Additional credit as follows:
``(i) For special training or experience in
a particular officer field as designated by the
Secretary concerned, if such training or
experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through
2025, for advanced education in an officer
field so designated, if such education is
directly related to the operational needs of
the armed force concerned.''.
(b) Reserve Officers.--Section 12207(b)(1) of such title is
amended--
(1) in the matter preceding subparagraph (A), ``or
a designation in'' and all that follows through
``education or training,'' and inserting ``and who has
special training or experience, or advanced education
(if applicable),''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph (D):
``(D) Additional credit as follows:
``(i) For special training or experience in
a particular officer field as designated by the
Secretary concerned, if such training or
experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through
2025, for advanced education in an officer
field so designated, if such education is
directly related to the operational needs of
the armed force concerned.''.
(c) Annual Report.--
(1) In general.--Not later than February 1, 2022,
and every four years thereafter, each Secretary of a
military department shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the use of the authorities
in subparagraph (D) of section 553(b)(1) of title 10,
United States Code (as amended by subsection (a)), and
subparagraph (D) of section 12207(b)(1) of such title
(as amended by subsection (b)) (each referred to in
this subsection as a ``constructive credit authority'')
during the preceding fiscal year for the Armed Forces
under the jurisdiction of such Secretary.
(2) Elements.--Each report under paragraph (1)
shall include, for the fiscal year and Armed Forces
covered by such report, the following:
(A) The manner in which constructive
service credit was calculated under each
constructive credit authority.
(B) The number of officers credited
constructive service credit under each
constructive credit authority.
(C) A description and assessment of the
utility of the constructive credit authorities
in meeting the operational needs of the Armed
Force concerned.
(D) Such other matters in connection with
the constructive credit authorities as the
Secretary of the military department concerned
considers appropriate.
SEC. 503. DIVERSITY IN SELECTION BOARDS.
(a) Requirement for Diverse Membership of Active Duty
Promotion Selection Boards.--
(1) Officers.--Section 612(a)(1) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``The members of a selection
board shall represent the diverse population of the
armed force concerned to the extent practicable.''.
(2) Warrant officers.--Section 573(b) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``The members of a selection
board shall represent the diverse population of the
armed force concerned to the extent practicable.''.
(b) Requirement for Diverse Membership of Reserve Component
Promotion Selection Boards.--Section 14102(b) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``The members of a selection board
shall represent the diverse population of the armed force
concerned to the extent practicable.''.
(c) Other Selection Boards.--
(1) In general.--The Secretary of Defense shall
ensure that the members of each selection board
described in paragraph (2) represent the diverse
population of the Armed Force concerned to the extent
practicable.
(2) Selection board described.--A selection board
described in this paragraph (1) is any selection board
used with respect to the promotion, education, or
command assignments of members of the Armed Forces that
is not covered by the amendments made by this section.
SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION OF
HIGHER PLACEMENT ON PROMOTION LIST OF OFFICERS OF
PARTICULAR MERIT.
(a) In General.--Section 616(h) of title 10, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``may'' and inserting
``shall''; and
(B) by inserting ``pursuant to guidelines
and procedures prescribed by the Secretary,''
after ``officers of particular merit,''; and
(2) in paragraph (3), by inserting ``, pursuant to
guidelines and procedures prescribed by the Secretary
concerned,'' after ``shall recommend''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to officers recommended for promotion
by promotion selection boards convened on or after that date.
SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF
OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED
AFTER RECOMMENDATION FOR PROMOTION AND RELATED
MATTERS.
(a) Regular Officers.--
(1) In general.--Subchapter III of chapter 36 of
title 10, United States Code, is amended by inserting
after section 628 the following new section:
``Sec. 628a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military
department concerned determines that a person recommended by a
promotion board for promotion to a grade at or below the grade
of major general, rear admiral in the Navy, or an equivalent
grade in the Space Force is the subject of credible information
of an adverse nature, including any substantiated adverse
finding or conclusion described in section 615(a)(3)(A) of this
title, that was not furnished to the promotion board during its
consideration of the person for promotion as otherwise required
by such section, the Secretary shall convene a special
selection review board under this section to review the person
and recommend whether the recommendation for promotion of the
person should be sustained.
``(2) If a person and the recommendation for promotion of
the person is subject to review under this section by a special
selection review board convened under this section, the name of
the person--
``(A) shall not be disseminated or publicly
released on the list of officers recommended for
promotion by the promotion board recommending the
promotion of the person; and
``(B) shall not be forwarded to the Secretary of
Defense, the President, or the Senate, as applicable,
or included on a promotion list under section 624(a) of
this title.
``(b) Convening.--(1) Any special selection review board
convened under this section shall be convened in accordance
with the provisions of section 628(f) of this title.
``(2) Any special selection review board convened under
this section may review such number of persons, and
recommendations for promotion of such persons, as the Secretary
of the military department concerned shall specify in convening
such special selection review board.
``(c) Information Considered.--(1) In reviewing a person
and recommending whether the recommendation for promotion of
the person should be sustained under this section, a special
selection review board convened under this section shall be
furnished and consider the following:
``(A) The record and information concerning the
person furnished in accordance with section 615(a)(2)
of this title to the promotion board that recommended
the person for promotion.
``(B) Any credible information of an adverse nature
on the person, including any substantiated adverse
finding or conclusion from an officially documented
investigation or inquiry described in section
615(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection
review board under paragraph (1)(B) shall be governed by the
standards and procedures referred to in paragraph (3)(C) of
section 615(a) of this title applicable to the furnishing of
information described in paragraph (3)(A) of such section to
selection boards in accordance with that section.
``(3)(A) Before information on a person described in
paragraph (1)(B) is furnished to a special selection review
board for purposes of this section, the Secretary of the
military department concerned shall ensure that--
``(i) such information is made available to the
person; and
``(ii) subject to subparagraphs (C) and (D), the
person is afforded a reasonable opportunity to submit
comments on such information to the special selection
review board before its review of the person and the
recommendation for promotion of the person under this
section.
``(B) If information on a person described in paragraph
(1)(B) is not made available to the person as otherwise
required by subparagraph (A)(i) due to the classification
status of such information, the person shall, to the maximum
extent practicable, be furnished a summary of such information
appropriate to the person's authorization for access to
classified information.
``(C)(i) An opportunity to submit comments on information
is not required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the
person in connection with the furnishing of such
information under section 615(a) of this title to the
promotion board that recommended the promotion of the
person subject to review under this section; and
``(II) the person submitted comments on such
information to that promotion board.
``(ii) The comments on information of a person described in
clause (i)(II) shall be furnished to the special selection
review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special
selection review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special
selection review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and
information on a person under this section, the special
selection review board shall compare such record and
information with an appropriate sampling of the records of
those officers of the same competitive category who were
recommended for promotion by the promotion board that
recommended the person for promotion, and an appropriate
sampling of the records of those officers who were considered
by and not recommended for promotion by that promotion board.
``(2) Records and information shall be presented to a
special selection review board for purposes of paragraph (1) in
a manner that does not indicate or disclose the person or
persons for whom the special selection review board was
convened.
``(3) In considering whether the recommendation for
promotion of a person should be sustained under this section, a
special selection review board shall, to the greatest extent
practicable, apply standards used by the promotion board that
recommended the person for promotion.
``(4) The recommendation for promotion of a person may be
sustained under this section only if the special selection
review board determines that the person--
``(A) ranks on an order of merit created by the
special selection review board as better qualified for
promotion than the sample officer highest on the order
of merit list who was considered by and not recommended
for promotion by the promotion board concerned; and
``(B) is comparable in qualification for promotion
to those sample officers who were recommended for
promotion by that promotion board.
``(5) A recommendation for promotion of a person may be
sustained under this section only by a vote of a majority of
the members of the special selection review board.
``(6) If a special selection review board does not sustain
a recommendation for promotion of a person under this section,
the person shall be considered to have failed of selection for
promotion.
``(e) Reports.--(1) Each special selection review board
convened under this section shall submit to the Secretary of
the military department concerned a written report, signed by
each member of the board, containing the name of each person
whose recommendation for promotion it recommends for
sustainment and certifying that the board has carefully
considered the record and information of each person whose name
was referred to it.
``(2) The provisions of sections 617(b) and 618 of this
title apply to the report and proceedings of a special
selection review board convened under this section in the same
manner as they apply to the report and proceedings of a
promotion board convened under section 611(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a
special selection review board convened under this section
recommends the sustainment of the recommendation for promotion
to the next higher grade of a person whose name was referred to
it for review under this section, and the President approves
the report, the person shall, as soon as practicable, be
appointed to that grade in accordance with subsections (b) and
(c) of section 624 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the active-
duty list as the person would have had pursuant to the original
recommendation for promotion of the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to carry out this section. Such
regulations shall apply uniformly across the military
departments.
``(2) Any regulation prescribed by the Secretary of a
military department to supplement the regulations prescribed
pursuant to paragraph (1) may not take effect without the
approval of the Secretary of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the
Secretary of a military department under section 611(a) of this
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter III of chapter 36 of such
title is amended by inserting after the item relating
to section 628 the following new item:
``628a. Special selection review boards.''.
(3) Delay in promotion.--Section 624(d) of such
title is amended--
(A) in paragraph (1)--
(i) in subparagraph (D), by
striking ``or'' at the end;
(ii) in subparagraph (E), by
striking the period at the end and
inserting ``; or''; and
(iii) by inserting after
subparagraph (E) the following new
subparagraph (F):
``(F) the Secretary of the military department
concerned determines that credible information of an
adverse nature, including a substantiated adverse
finding or conclusion described in section 615(a)(3)(A)
of this title, with respect to the officer will result
in the convening of a special selection review board
under section 628a of this title to review the officer
and recommend whether the recommendation for promotion
of the officer should be sustained.'';
(B) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the
following new paragraph (3):
``(3) In the case of an officer whose promotion is delayed
pursuant to paragraph (1)(F) and whose recommendation for
promotion is sustained, authorities for the promotion of the
officer are specified in section 628a(f) of this title.''; and
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by striking ``The appointment''
and inserting ``(A) Except as provided
in subparagraph (B), the appointment'';
and
(ii) by adding at the end the
following new subparagraph:
``(B) In the case of an officer whose promotion is delayed
pursuant to paragraph (1)(F), requirements applicable to notice
and opportunity for response to such delay are specified in
section 628a(c)(3) of this title.''.
(b) Reserve Officers.--
(1) In general.--Chapter 1407 of title 10, United
States Code, is amended by inserting after section
14502 the following new section:
``Sec. 14502a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military
department concerned determines that a person recommended by a
promotion board for promotion to a grade at or below the grade
of major general or rear admiral in the Navy is the subject of
credible information of an adverse nature, including any
substantiated adverse finding or conclusion described in
section 14107(a)(3)(A) of this title, that was not furnished to
the promotion board during its consideration of the person for
promotion as otherwise required by such section, the Secretary
shall convene a special selection review board under this
section to review the person and recommend whether the
recommendation for promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of
the person is subject to review under this section by a special
selection review board convened under this section, the name of
the person--
``(A) shall not be disseminated or publicly
released on the list of officers recommended for
promotion by the promotion board recommending the
promotion of the person; and
``(B) shall not be forwarded to the Secretary of
Defense, the President, or the Senate, as applicable,
or included on a promotion list under section 14308(a)
of this title.
``(b) Convening.--(1) Any special selection review board
convened under this section shall be convened in accordance
with the provisions of section 14502(b)(2) of this title.
``(2) Any special selection review board convened under
this section may review such number of persons, and
recommendations for promotion of such persons, as the Secretary
of the military department concerned shall specify in convening
such special selection review board.
``(c) Information Considered.--(1) In reviewing a person
and recommending whether the recommendation for promotion of
the person should be sustained under this section, a special
selection review board convened under this section shall be
furnished and consider the following:
``(A) The record and information concerning the
person furnished in accordance with section 14107(a)(2)
of this title to the promotion board that recommended
the person for promotion.
``(B) Any credible information of an adverse nature
on the person, including any substantiated adverse
finding or conclusion from an officially documented
investigation or inquiry described in section
14107(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection
review board under paragraph (1)(B) shall be governed by the
standards and procedures referred to in paragraph (3)(B) of
section 14107(a) of this title applicable to the furnishing of
information described in paragraph (3)(A) of such section to
promotion boards in accordance with that section.
``(3)(A) Before information on person described in
paragraph (1)(B) is furnished to a special selection review
board for purposes of this section, the Secretary of the
military department concerned shall ensure that--
``(i) such information is made available to the
person; and
``(ii) subject to subparagraphs (C) and (D), the
person is afforded a reasonable opportunity to submit
comments on such information to the special selection
review board before its review of the person and the
recommendation for promotion of the person under this
section.
``(B) If information on an officer described in paragraph
(1)(B) is not made available to the person as otherwise
required by subparagraph (A)(i) due to the classification
status of such information, the person shall, to the maximum
extent practicable, be furnished a summary of such information
appropriate to the person's authorization for access to
classified information.
``(C)(i) An opportunity to submit comments on information
is not required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the
person in connection with the furnishing of such
information under section 14107(a) of this title to the
promotion board that recommended the promotion of the
person subject to review under this section; and
``(II) the person submitted comments on such
information to that promotion board.
``(ii) The comments on information of a person described in
clause (i)(II) shall be furnished to the special selection
review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special
selection review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special
selection review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and
information on a person under this section, the special
selection review board shall compare such record and
information with an appropriate sampling of the records of
those officers of the same competitive category who were
recommended for promotion by the promotion board that
recommended the person for promotion, and an appropriate
sampling of the records of those officers who were considered
by and not recommended for promotion by that promotion board.
``(2) Records and information shall be presented to a
special selection review board for purposes of paragraph (1) in
a manner that does not indicate or disclose the person or
persons for whom the special selection review board was
convened.
``(3) In considering whether the recommendation for
promotion of a person should be sustained under this section, a
special selection review board shall, to the greatest extent
practicable, apply standards used by the promotion board that
recommended the person for promotion.
``(4) The recommendation for promotion of a person may be
sustained under this section only if the special selection
review board determines that the person--
``(A) ranks on an order of merit created by the
special selection review board as better qualified for
promotion than the sample officer highest on the order
of merit list who was considered by and not recommended
for promotion by the promotion board concerned; and
``(B) is comparable in qualification for promotion
to those sample officers who were recommended for
promotion by that promotion board.
``(5) A recommendation for promotion of a person may be
sustained under this section only by a vote of a majority of
the members of the special selection review board.
``(6) If a special selection review board does not sustain
a recommendation for promotion of a person under this section,
the person shall be considered to have failed of selection for
promotion.
``(e) Reports.--(1) Each special selection review board
convened under this section shall submit to the Secretary of
the military department concerned a written report, signed by
each member of the board, containing the name of each person
whose recommendation for promotion it recommends for
sustainment and certifying that the board has carefully
considered the record and information of each person whose name
was referred to it.
``(2) The provisions of sections 14109(c), 14110, and 14111
of this title apply to the report and proceedings of a special
selection review board convened under this section in the same
manner as they apply to the report and proceedings of a
promotion board convened under section 14101(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a
special selection review board convened under this section
recommends the sustainment of the recommendation for promotion
to the next higher grade of a person whose name was referred to
it for review under this section, and the President approves
the report, the person shall, as soon as practicable, be
appointed to that grade in accordance with section 14308 of
this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the reserve
active-status list as the person would have had pursuant to the
original recommendation for promotion of the promotion board
concerned.
``(g) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to carry out this section. Such
regulations shall apply uniformly across the military
departments.
``(2) Any regulation prescribed by the Secretary of a
military department to supplement the regulations prescribed
pursuant to paragraph (1) may not take effect without the
approval of the Secretary of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the
Secretary of a military department under section 14101(a) of
this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1407 of such title is amended
by inserting after the item relating to section 14502
the following new item:
``14502a. Special selection review boards.''.
(3) Delay in promotion.--Section 14311 of such
title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by adding at
the end the following new subparagraph:
``(F) The Secretary of the military department
concerned determines that credible information of
adverse nature, including a substantiated adverse
finding or conclusion described in section
14107(a)(3)(A) of this title, with respect to the
officer will result in the convening of a special
selection review board under section 14502a of this
title to review the officer and recommend whether the
recommendation for promotion of the officer should be
sustained.''; and
(ii) by adding at the end the
following new paragraph:
``(3) In the case of an officer whose promotion is delayed
pursuant to paragraph (1)(F) and whose recommendation for
promotion is sustained, authorities for the promotion of the
officer are specified in section 14502a(f) of this title.'';
and
(B) in subsection (c), by adding at the end
the following new paragraph:
``(3) Notwithstanding paragraphs (1) and (2), in the case
of an officer whose promotion is delayed pursuant to subsection
(a)(1)(F), requirements applicable to notice and opportunity
for response to such delay are specified in section
14502a(c)(3) of this title.''.
(c) Requirements for Furnishing Adverse Information on
Regular Officers to Promotion Selection Boards.--
(1) Extension of requirements to space force
regular officers.--Subparagraph (B)(i) of section
615(a)(3) of title 10, United States Code, is amended
by striking ``or, in the case of the Navy, lieutenant''
and inserting ``, in the case of the Navy, lieutenant,
or in the case of the Space Force, the equivalent
grade''.
(2) Satisfaction of requirements through special
selection review boards.--Such section is further
amended by adding at the end the following new
subparagraph:
``(D) With respect to the consideration of an officer for
promotion to a grade at or below major general, in the case of
the Navy, rear admiral, or, in the case of the Space Force, the
equivalent grade, the requirements in subparagraphs (A) and (C)
may be met through the convening and actions of a special
selection review board with respect to the officer under
section 628a of this title.''.
(3) Delayed applicability of requirements to boards
for promotion of officers to non-general and flag
officer grades.--Subsection (c) of section 502 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1344) is amended to read
as follows:
``(c) Effective Date and Applicability.--
``(1) Effective date.--The amendments made by this
section shall take effect on December 20, 2019, and
shall, except as provided in paragraph (2), apply with
respect to the proceedings of promotion selection
boards convened under section 611(a) of title 10,
United States Code, after that date.
``(2) Delayed applicability for boards for
promotion to non-general and flag officer grades.--The
amendments made this section shall apply with respect
to the proceedings of promotion selection boards
convened under section 611(a) of title 10, United
States Code, for consideration of officers for
promotion to a grade below the grade of brigadier
general or, in the case of the Navy, rear admiral
(lower half), only if such boards are so convened after
January 1, 2021.''.
(d) Requirements for Furnishing Adverse Information on
Reserve Officers to Promotion Selection Boards.--Section
14107(a)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as designated by paragraph
(1), by striking ``colonel, or, in the case of the
Navy, captain'' and inserting ``lieutenant colonel, or,
in the case of the Navy, commander''; and
(3) by adding at the end the following new
subparagraphs
``(B) The standards and procedures referred to in
subparagraph (A) shall require the furnishing to the selection
board, and to each individual member of the board, the
information described in that subparagraph with regard to an
officer in a grade specified in that subparagraph at each stage
or phase of the selection board, concurrent with the screening,
rating, assessment, evaluation, discussion, or other
consideration by the board or member of the official military
personnel file of the officer, or of the officer.
``(C) With respect to the consideration of an officer for
promotion to a grade at or below major general or, in the Navy,
rear admiral, the requirements in subparagraphs (A) and (B) may
be met through the convening and actions of a special selection
board with respect to the officer under section 14502a of this
title.''.
SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION UNDER
ALTERNATIVE PROMOTION AUTHORITY.
Section 649c of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Inapplicability of Requirement Relating to
Opportunities for Consideration for Promotion.--Section
645(1)(A)(i)(I) of this title shall not apply to the promotion
of officers described in subsection (a) to the extent that such
section is inconsistent with a number of opportunities for
promotion specified pursuant to section 649d of this title.''.
SEC. 507. MANDATORY RETIREMENT FOR AGE.
(a) General Rule.--Subsection (a) of section 1251 of title
10, United States Code, is amended--
(1) by striking ``or Marine Corps,'' and inserting
``Marine Corps, or Space Force''; and
(2) by inserting ``or separated, as specified in
subsection (e),'' after ``shall be retired''.
(b) Deferred Retirement or Separation of Health Professions
Officers.--Subsection (b) of such section is amended--
(1) in the subsection heading, by inserting ``or
Separation'' after ``Retirement''; and
(2) in paragraph (1), by inserting ``or
separation'' after ``retirement''.
(c) Deferred Retirement or Separation of Other Officers.--
Subsection (c) of such section is amended--
(1) in the subsection heading, by striking ``of
Chaplains'' and inserting ``or Separation of Other
Officers'';
(2) by inserting ``or separation'' after
``retirement''; and
(3) by striking ``an officer who is appointed or
designated as a chaplain'' and inserting ``any officer
other than a health professions officer described in
subsection (b)(2)''.
(d) Retirement or Separation Based on Years of Creditable
Service.--Such section is further amended by adding at the end
the following new subsection:
``(e) Retirement or Separation Based on Years of Creditable
Service.--(1) The following rules shall apply to a regular
commissioned officer who is to be retired or separated under
subsection (a):
``(A) If the officer has at least 6 but fewer than
20 years of creditable service, the officer shall be
separated, with separation pay computed under section
1174(d)(1) of this title.
``(B) If the officer has fewer than 6 years of
creditable service, the officer shall be separated
under subsection (a).
``(2) Notwithstanding paragraph (1), in the case of a
regular commissioned officer who was added to the retired list
before the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, the officer shall be retired, with retired pay computed
under section 1401 of this title.''.
SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON THE RETIRED
GRADE OF COMMISSIONED OFFICERS.
(a) Restatement.--
(1) In general.--Chapter 69 of title 10, United
States Code, is amended by striking section 1370 and
inserting the following new sections:
``Sec. 1370. Regular commissioned officers
``(a) Retirement in Highest Grade in Which Served
Satisfactorily.--
``(1) In general.--Unless entitled to a different
retired grade under some other provision of law, a
commissioned officer (other than a commissioned warrant
officer) of the Army, Navy, Air Force, Marine Corps, or
Space Force who retires under any provision of law
other than chapter 61 or 1223 of this title shall be
retired in the highest permanent grade in which such
officer is determined to have served on active duty
satisfactorily.
``(2) Determination of satisfactory service.--The
determination of satisfactory service of an officer in
a grade under paragraph (1) shall be made as follows:
``(A) By the Secretary of the military
department concerned, if the officer is serving
in a grade at or below the grade of major
general, rear admiral in the Navy, or the
equivalent grade in the Space Force.
``(B) By the Secretary of Defense, if the
officer is serving or has served in a grade
above the grade of major general, rear admiral
in the Navy, or the equivalent grade in the
Space Force.
``(3) Effect of misconduct in lower grade in
determination.--If the Secretary of a military
department or the Secretary of Defense, as applicable,
determines that an officer committed misconduct in a
lower grade than the retirement grade otherwise
provided for the officer by this section--
``(A) such Secretary may deem the officer
to have not served satisfactorily in any grade
equal to or higher than such lower grade for
purposes of determining the retirement grade of
the officer under this section; and
``(B) the grade next lower to such lower
grade shall be the retired grade of the officer
under this section.
``(4) Nature of retirement of certain reserve
officers and officers in temporary grades.--A reserve
officer, or an officer appointed to a position under
section 601 of this title, who is notified that the
officer will be released from active duty without the
officer's consent and thereafter requests retirement
under section 7311, 8323, or 9311 of this title and is
retired pursuant to that request is considered for
purposes of this section to have been retired
involuntarily.
``(5) Nature of retirement of certain removed
officers.--An officer retired pursuant to section
1186(b)(1) of this title is considered for purposes of
this section to have been retired voluntarily.
``(b) Retirement of Officers Retiring Voluntarily.--
``(1) Service-in-grade requirement.--In order to be
eligible for voluntary retirement under any provision
of this title in a grade above the grade of captain in
the Army, Air Force, or Marine Corps, lieutenant in the
Navy, or the equivalent grade in the Space Force, a
commissioned officer of the Army, Navy, Air Force,
Marine Corps, or Space Force must have served on active
duty in that grade for a period of not less than three
years, except that--
``(A) subject to subsection (c), the
Secretary of Defense may reduce such period to
a period of not less than two years for any
officer; and
``(B) in the case of an officer to be
retired in a grade at or below the grade of
major general in the Army, Air Force, or Marine
Corps, rear admiral in the Navy, or an
equivalent grade in the Space Force, the
Secretary of Defense may authorize the
Secretary of the military department concerned
to reduce such period to a period of not less
than two years.
``(2) Limitation on delegation.--The authority of
the Secretary of Defense in subparagraph (A) of
paragraph (1) may not be delegated. The authority of
the Secretary of a military department in subparagraph
(B) of paragraph (1), as delegated to such Secretary
pursuant to such subparagraph, may not be further
delegated.
``(3) Waiver of requirement.--Subject to subsection
(c), the President may waive the application of the
service-in-grade requirement in paragraph (1) to
officers covered by that paragraph in individual cases
involving extreme hardship or exceptional or unusual
circumstances. The authority of the President under
this paragraph may not be delegated.
``(4) Limitation on reduction or waiver of
requirement for officers under investigation or pending
misconduct.--In the case of an officer to be retired in
a grade above the grade of colonel in the Army, Air
Force, or Marine Corps, captain in the Navy, or the
equivalent grade in the Space Force, the service-in-
grade requirement in paragraph (1) may not be reduced
pursuant to that paragraph, or waived pursuant to
paragraph (3), while the officer is under investigation
for alleged misconduct or while there is pending the
disposition of an adverse personnel action against the
officer.
``(5) Grade and fiscal year limitations on
reduction or waiver of requirements.--The aggregate
number of members of an armed force in a grade for whom
reductions are made under paragraph (1), and waivers
are made under paragraph (3), in a fiscal year may not
exceed--
``(A) in the case of officers to be retired
in a grade at or below the grade of major in
the Army, Air Force, or Marine Corps,
lieutenant commander in the Navy, or the
equivalent grade in the Space Force, the number
equal to two percent of the authorized active-
duty strength for that fiscal year for officers
of that armed force in that grade;
``(B) in the case of officers to be retired
in the grade of lieutenant colonel or colonel
in the Army, Air Force, or Marine Corps,
commander or captain in the Navy, or an
equivalent grade in the Space Force, the number
equal to four percent of the authorized active-
duty strength for that fiscal year for officers
of that armed force in the applicable grade; or
``(C) in the case of officers to be retired
in the grade of brigadier general or major
general in the Army, Air Force, or Marine
Corps, rear admiral (lower half) or rear
admiral in the Navy, or an equivalent grade in
the Space Force, the number equal to 10 percent
of the authorized active-duty strength for that
fiscal year for officers of that armed force in
the applicable grade.
``(6) Notice to congress on reduction or waiver of
requirements for general, flag, and equivalent officer
grades.--In the case of an officer to be retired in a
grade that is a general or flag officer grade, or an
equivalent grade in the Space Force, who is eligible to
retire in that grade only by reason of an exercise of
the authority in paragraph (1) to reduce the service-
in-grade requirement in that paragraph, or the
authority in paragraph (3) to waive that requirement,
the Secretary of Defense or the President, as
applicable, shall, not later than 60 days prior to the
date on which the officer will be retired in that
grade, notify the Committees on Armed Services of the
Senate and the House of Representatives of the exercise
of the applicable authority with respect to that
officer.
``(7) Retirement in next lowest grade for officers
not meeting requirement.--An officer described in
paragraph (1) whose length of service in the highest
grade held by the officer while on active duty does not
meet the period of the service-in-grade requirement
applicable to the officer under this subsection shall,
subject to subsection (c), be retired in the next lower
grade in which the officer served on active duty
satisfactorily, as determined by the Secretary of the
military department concerned or the Secretary of
Defense, as applicable.
``(c) Officers in O-9 and O-10 Grades.--
``(1) In general.--An officer of the Army, Navy,
Air Force, Marine Corps, or Space Force who is serving
or has served in a position of importance and
responsibility designated by the President to carry the
grade of lieutenant general or general in the Army, Air
Force, or Marine Corps, vice admiral or admiral in the
Navy, or an equivalent grade in the Space Force under
section 601 of this title may be retired in such grade
under subsection (a) only after the Secretary of
Defense certifies in writing to the President and the
Committees on Armed Services of the Senate and the
House of Representatives that the officer served on
active duty satisfactorily in such grade.
``(2) Prohibition on delegation.--The authority of
the Secretary of Defense to make a certification with
respect to an officer under paragraph (1) may not be
delegated.
``(3) Requirements in connection with
certification.--A certification with respect to an
officer under paragraph (1) shall--
``(A) be submitted by the Secretary of
Defense such that it is received by the
President and the Committees on Armed Services
of the Senate and the House of Representatives
not later than 60 days prior to the date on
which the officer will be retired in the grade
concerned;
``(B) include an up-to-date copy of the
military biography of the officer; and
``(C) include the statement of the
Secretary as to whether or not potentially
adverse, adverse, or reportable information
regarding the officer was considered by the
Secretary in making the certification.
``(4) Construction with other notice.--In the case
of an officer under paragraph (1) to whom a reduction
in the service-in-grade requirement under subsection
(b)(1) or waiver under subsection (b)(3) applies, the
requirement for notification under subsection (b)(6) is
satisfied if the notification is included in the
certification submitted by the Secretary of Defense
under paragraph (1).
``(d) Conditional Retirement Grade and Retirement for
Officers Pending Investigation or Adverse Action.--
``(1) In general.--When an officer serving in a
grade at or below the grade of major general in the
Army, Air Force, or Marine Corps, rear admiral in the
Navy, or an equivalent grade in the Space Force is
under investigation for alleged misconduct or pending
the disposition of an adverse personnel action at the
time of retirement, the Secretary of the military
department concerned may--
``(A) conditionally determine the highest
permanent grade of satisfactory service on
active duty of the officer pending completion
of the investigation or resolution of the
personnel action, as applicable; and
``(B) retire the officer in that
conditional grade, subject to subsection (e).
``(2) Officers in o-9 and o-10 grades.--When an
officer described by subsection (c)(1) is under
investigation for alleged misconduct or pending the
disposition of an adverse personnel action at the time
of retirement, the Secretary of Defense may--
``(A) conditionally determine the highest
permanent grade of satisfactory service on
active duty of the officer, pending completion
of the investigation or personnel action, as
applicable; and
``(B) retire the officer in that
conditional grade, subject to subsection (e).
``(3) Reduction or waiver of service-in-grade
requirement prohibited for general, flag, and
equivalent officer grades.--In conditionally
determining the retirement grade of an officer under
paragraph (1)(A) or (2)(A) of this subsection to be a
grade above the grade of colonel in the Army, Air
Force, or Marine Corps, captain in the Navy, or the
equivalent grade in the Space Force, the service-in-
grade requirement in subsection (b)(1) may not be
reduced pursuant to subsection (b)(1) or waived
pursuant to subsection (b)(3).
``(4) Prohibition on delegation.--The authority of
the Secretary of a military department under paragraph
(1) may not be delegated. The authority of the
Secretary of Defense under paragraph (2) may not be
delegated.
``(e) Final Retirement Grade Following Resolution of
Pending Investigation or Adverse Action.--
``(1) No change from conditional retirement
grade.--If the resolution of an investigation or
personnel action with respect to an officer who has
been retired in a conditional retirement grade pursuant
to subsection (d) results in a determination that the
conditional retirement grade in which the officer was
retired will not be changed, the conditional retirement
grade of the officer shall, subject to paragraph (3),
be the final retired grade of the officer.
``(2) Change from conditional retirement grade.--If
the resolution of an investigation or personnel action
with respect to an officer who has been retired in a
conditional retirement grade pursuant to subsection (d)
results in a determination that the conditional
retirement grade in which the officer was retired
should be changed, the changed retirement grade shall
be the final retired grade of the officer under this
section, except that if the final retirement grade
provided for an officer pursuant to this paragraph is
the grade of lieutenant general or general in the Army,
Air Force, or Marine Corps, vice admiral or admiral in
the Navy, or an equivalent grade in the Space Force,
the requirements in subsection (c) shall apply in
connection with the retirement of the officer in such
final retirement grade.
``(3) Recalculation of retired pay.--
``(A) In general.--If the final retired
grade of an officer is as a result of a change
under paragraph (2), the retired pay of the
officer under chapter 71 of this title shall be
recalculated accordingly, with any modification
of the retired pay of the officer to go into
effect as of the date of the retirement of the
officer.
``(B) Payment of higher amount for period
of conditional retirement grade.--If the
recalculation of the retired pay of an officer
results in an increase in retired pay, the
officer shall be paid the amount by which such
increased retired pay exceeded the amount of
retired pay paid the officer for retirement in
the officer's conditional grade during the
period beginning on the date of the retirement
of the officer in such conditional grade and
ending on the effective date of the change of
the officer's retired grade. For an officer
whose retired grade is determined pursuant to
subsection (c), the effective date of the
change of the officer's retired grade for
purposes of this subparagraph shall be the date
that is 60 days after the date on which the
Secretary of Defense submits to the Committees
on Armed Services of the Senate and the House
of Representatives the certification required
by subsection (c) in connection with the
retired grade of the officer.
``(C) Recoupment of overage during period
of conditional retirement grade.--If the
recalculation of the retired pay of an officer
results in a decrease in retired pay, there
shall be recouped from the officer the amount
by which the amount of retired pay paid the
officer for retirement in the officer's
conditional grade exceeded such decreased
retired pay during the period beginning on the
date of the retirement of the officer in such
conditional grade and ending on the effective
date of the change of the officer's retired
grade.
``(f) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional
determination authorized by subsection (d), a
determination of the retired grade of an officer
pursuant to this section is administratively final on
the day the officer is retired, and may not be
reopened, except as provided in paragraph (2).
``(2) Reopening.--A final determination of the
retired grade of an officer may be reopened as follows:
``(A) If the retirement or retired grade of
the officer was procured by fraud.
``(B) If substantial evidence comes to
light after the retirement that could have led
to determination of a different retired grade
under this section if known by competent
authority at the time of retirement.
``(C) If a mistake of law or calculation
was made in the determination of the retired
grade.
``(D) If the applicable Secretary
determines, pursuant to regulations prescribed
by the Secretary of Defense, that good cause
exists to reopen the determination of retired
grade.
``(3) Applicable secretary.--For purposes of this
subsection, the applicable Secretary for purposes of a
determination or action specified in this subsection
is--
``(A) the Secretary of the military
department concerned, in the case of an officer
retired in a grade at or below the grade of
major general in the Army, Air Force, or Marine
Corps, rear admiral in the Navy, or the
equivalent grade in the Space Force; or
``(B) the Secretary of Defense, in the case
of an officer retired in a grade of lieutenant
general or general in the Army, Air Force, or
Marine Corps, vice admiral or admiral in the
Navy, or an equivalent grade in the Space
Force.
``(4) Notice and limitation.--If a final
determination of the retired grade of an officer is
reopened in accordance with paragraph (2), the
applicable Secretary--
``(A) shall notify the officer of the
reopening; and
``(B) may not make an adverse determination
on the retired grade of the officer until the
officer has had a reasonable opportunity to
respond regarding the basis for the reopening
of the officer's retired grade.
``(5) Additional notice on reopening for officers
retired in o-9 and o-10 grades.--If the determination
of the retired grade of an officer whose retired grade
was provided for pursuant to subsection (c) is
reopened, the Secretary of Defense shall also notify
the President and the Committees on Armed Services of
the Senate and the House of Representatives.
``(6) Manner of making of change.--If the retired
grade of an officer is proposed to be changed through
the reopening of the final determination of an
officer's retired grade under this subsection, the
change in grade shall be made--
``(A) in the case of an officer whose
retired grade is to be changed to a grade at or
below the grade of major general in the Army,
Air Force or Marine Corps, rear admiral in the
Navy, or the equivalent grade in the Space
Force, in accordance with subsections (a) and
(b)--
``(i) by the Secretary of Defense
(who may delegate such authority only
as authorized by clause (ii)); or
``(ii) if authorized by the
Secretary of Defense, by the Secretary
of the military department concerned
(who may not further delegate such
authority);
``(B) in the case of an officer whose
retired grade is to be changed to the grade of
lieutenant general or general in the Army, Air
Force, or Marine Corps, vice admiral or admiral
in the Navy, or an equivalent grade in the
Space Force, by the President, by and with the
advice and consent of the Senate.
``(7) Recalculation of retired pay.--If the final
retired grade of an officer is changed through the
reopening of the officer's retired grade under this
subsection, the retired pay of the officer under
chapter 71 of this title shall be recalculated. Any
modification of the retired pay of the officer as a
result of the change shall go into effect on the
effective date of the change of the officer's retired
grade, and the officer shall not be entitled or subject
to any changed amount of retired pay for any period
before such effective date. An officer whose retired
grade is changed as provided in paragraph (6)(B) shall
not be entitled or subject to a change in retired pay
for any period before the date on which the Senate
provides advice and consent for the retirement of the
officer in such grade.
``(g) Highest Permanent Grade Defined.--In this section,
the term `highest permanent grade' means a grade at or below
the grade of major general in the Army, Air Force, or Marine
Corps, rear admiral in the Navy, or an equivalent grade in the
Space Force.
``Sec. 1370a. Officers entitled to retired pay for non-regular service
``(a) Retirement in Highest Grade Held Satisfactorily.--
Unless entitled to a different grade, or to credit for
satisfactory service in a different grade under some other
provision of law, a person who is entitled to retired pay under
chapter 1223 of this title shall, upon application under
section 12731 of this title, be credited with satisfactory
service in the highest permanent grade in which that person
served satisfactorily at any time in the armed forces, as
determined by the Secretary of the military department
concerned in accordance with this section.
``(b) Service-in-grade Requirement for Officers in Grades
Below O-5.--In order to be credited with satisfactory service
in an officer grade (other than a warrant officer grade) below
the grade of lieutenant colonel or commander (in the case of
the Navy), a person covered by subsection (a) must have served
satisfactorily in that grade (as determined by the Secretary of
the military department concerned) as a reserve commissioned
officer in an active status, or in a retired status on active
duty, for not less than six months.
``(c) Service-in-grade Requirement for Offices in Grades
Above O-4.--
``(1) In general.--In order to be credited with
satisfactory service in an officer grade above major or
lieutenant commander (in the case of the Navy), a
person covered by subsection (a) must have served
satisfactorily in that grade (as determined by the
Secretary of the military department concerned) as a
reserve commissioned officer in an active status, or in
a retired status on active duty, for not less than
three years.
``(2) Satisfaction of requirement by certain
officers not completing three years.--A person covered
by paragraph (1) who has completed at least six months
of satisfactory service in grade may be credited with
satisfactory service in the grade in which serving at
the time of transfer or discharge, notwithstanding
failure of the person to complete three years of
service in that grade, if the person is transferred
from an active status or discharged as a reserve
commissioned officer--
``(A) solely due to the requirements of a
nondiscretionary provision of law requiring
that transfer or discharge due to the person's
age or years of service; or
``(B) because the person no longer meets
the qualifications for membership in the Ready
Reserve solely because of a physical
disability, as determined in accordance with
chapter 61 of this title, and at the time of
such transfer or discharge the person (pursuant
to section 12731b of this title or otherwise)
meets the service requirements established by
section 12731(a) of this title for eligibility
for retired pay under chapter 1223 of this
title, unless the disability is described in
section 12731b of this title.
``(3) Reduction in service-in-grade requirements.--
``(A) Officers in grades below general and
flag officer grades.--In the case of a person
to be retired in a grade below brigadier
general or rear admiral (lower half) in the
Navy, the Secretary of Defense may authorize
the Secretary of a military department to
reduce, subject to subparagraph (B), the three-
year period of service-in-grade required by
paragraph (1) to a period not less than two
years. The authority of the Secretary of a
military department under this subparagraph may
not be delegated.
``(B) Limitation.--The number of reserve
commissioned officers of an armed force in the
same grade for whom a reduction is made under
subparagraph (A) during any fiscal year in the
period of service-in-grade otherwise required
by paragraph (1) may not exceed the number
equal to 2 percent of the strength authorized
for that fiscal year for reserve commissioned
officers of that armed force in an active
status in that grade.
``(C) Officers in general and flag officers
grades.--The Secretary of Defense may reduce
the three-year period of service-in-grade
required by paragraph (1) to a period not less
than two years for any person, including a
person who, upon transfer to the Retired
Reserve or discharge, is to be credited with
satisfactory service in a general or flag
officer grade under that paragraph. The
authority of the Secretary of Defense under
this subparagraph may not be delegated.
``(D) Notice to congress on reduction in
service-in-grade requirements for general and
flag officer grades.--In the case of a person
to be credited under this section with
satisfactory service in a grade that is a
general or flag officer grade who is eligible
to be credited with such service in that grade
only by reason of an exercise of authority in
subparagraph (C) to reduce the three-year
service-in-grade requirement otherwise
applicable under paragraph (1), the Secretary
of Defense shall, not later than 60 days prior
to the date on which the person will be
credited with such satisfactory service in that
grade, notify the Committees on Armed Services
of the Senate and the House of Representatives
of the exercise of authority in subparagraph
(C) with respect to that person.
``(4) Officers serving in grades above o-6
involuntarily transferred from active status.--A person
covered by paragraph (1) who has completed at least six
months of satisfactory service in a grade above colonel
or (in the case of the Navy) captain and, while serving
in an active status in such grade, is involuntarily
transferred (other than for cause) from active status
may be credited with satisfactory service in the grade
in which serving at the time of such transfer,
notwithstanding failure of the person to complete three
years of service in that grade.
``(5) Adjutants and assistant adjutants general.--
If a person covered by paragraph (1) has completed at
least six months of satisfactory service in grade, the
person was serving in that grade while serving in a
position of adjutant general required under section 314
of title 32 or while serving in a position of assistant
adjutant general subordinate to such a position of
adjutant general, and the person has failed to complete
three years of service in that grade solely because the
person's appointment to such position has been
terminated or vacated as described in section 324(b) of
such title, the person may be credited with
satisfactory service in that grade, notwithstanding the
failure of the person to complete three years of
service in that grade.
``(6) Officers recommended for promotion serving in
certain grade before promotion.--To the extent
authorized by the Secretary of the military department
concerned, a person who, after having been recommended
for promotion in a report of a promotion board but
before being promoted to the recommended grade, served
in a position for which that grade is the minimum
authorized grade may be credited for purposes of
paragraph (1) as having served in that grade for the
period for which the person served in that position
while in the next lower grade. The period credited may
not include any period before the date on which the
Senate provides advice and consent for the appointment
of that person in the recommended grade.
``(7) Officers qualified for federal recognition
serving in certain grade before appointment.--To the
extent authorized by the Secretary of the military
department concerned, a person who, after having been
found qualified for Federal recognition in a higher
grade by a board under section 307 of title 32, serves
in a position for which that grade is the minimum
authorized grade and is appointed as a reserve officer
in that grade may be credited for the purposes of
paragraph (1) as having served in that grade. The
period of the service for which credit is afforded
under the preceding sentence may be only the period for
which the person served in the position after the
Senate provides advice and consent for the appointment.
``(8) Retirement in next lowest grade for officers
not meeting service-in-grade requirements.--A person
whose length of service in the highest grade held does
not meet the service-in-grade requirements specified in
this subsection shall be credited with satisfactory
service in the next lower grade in which that person
served satisfactorily (as determined by the Secretary
of the military department concerned) for not less than
six months.
``(d) Officers in O-9 and O-10 Grades.--
``(1) In general.--A person covered by this section
in the Army, Navy, Air Force, or Marine Corps who is
serving or has served in a position of importance and
responsibility designated by the President to carry the
grade of lieutenant general or general in the Army, Air
Force, or Marine Corps, or vice admiral or admiral in
the Navy under section 601 of this title may be retired
in such grade under subsection (a) only after the
Secretary of Defense certifies in writing to the
President and the Committees on Armed Services of the
Senate and the House of Representatives that the
officer served satisfactorily in such grade.
``(2) Prohibition on delegation.--The authority of
the Secretary of Defense to make a certification with
respect to an officer under paragraph (1) may not be
delegated.
``(3) Requirements in connection with
certification.--A certification with respect to an
officer under paragraph (1) shall--
``(A) be submitted by the Secretary of
Defense such that it is received by the
President and the Committees on Armed Services
of the Senate and the House of Representatives
not later than 60 days prior to the date on
which the officer will be retired in the grade
concerned;
``(B) include an up-to-date copy of the
military biography of the officer; and
``(C) include the statement of the
Secretary as to whether or not potentially
adverse, adverse, or reportable information
regarding the officer was considered by the
Secretary in making the certification.
``(4) Construction with other notice.--In the case
of an officer under paragraph (1) who is eligible to be
credited with service in a grade only by reason of the
exercise of the authority in subsection (c)(3)(C) to
reduce the three-year service-in-grade requirement
under subsection (c)(1), the requirement for
notification under subsection (c)(3)(D) is satisfied if
the notification is included in the certification
submitted by the Secretary of Defense under paragraph
(1).
``(e) Conditional Retirement Grade and Retirement for
Officers Under Investigation for Misconduct or Pending Adverse
Personnel Action.--The retirement grade, and retirement, of a
person covered by this section who is under investigation for
alleged misconduct or pending the disposition of an adverse
personnel action at the time of retirement is as provided for
by section 1370(d) of this title. In the application of such
section 1370(d) for purposes of this subsection, any reference
`active duty' shall be deemed not to apply, and any reference
to a provision of section 1370 of this title shall be deemed to
be a reference to the analogous provision of this section.
``(f) Final Retirement Grade Following Resolution of
Pending Investigation or Adverse Action.--The final retirement
grade under this section of a person described in subsection
(e) following resolution of the investigation or personnel
action concerned is the final retirement grade provided for by
section 1370(e) of this title. In the application of such
section 1370(e) for purposes of this subsection, any reference
to a provision of section 1370 of this title shall be deemed to
be a reference to the analogous provision of this section. In
the application of paragraph (3) of such section 1370e(e) for
purposes of this subsection, the reference to `chapter 71' of
this title shall be deemed to be a reference to `chapter 1223
of this title'.
``(g) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional
determination authorized by subsection (e), a
determination of the retired grade of a person pursuant
to this section is administratively final on the day
the person is retired, and may not be reopened.
``(2) Reopening.--A determination of the retired
grade of a person may be reopened in accordance with
applicable provisions of section 1370(f) of this title.
In the application of such section 1370(f) for purposes
of this subsection, any reference to a provision of
section 1370 of this title shall be deemed to be a
reference to the analogous provision of this section.
In the application of paragraph (7) of such section
1370(f) for purposes of this paragraph, the reference
to `chapter 71 of this title' shall be deemed to be a
reference to `chapter 1223 of this title'.
``(h) Highest Permanent Grade Defined.--In this section,
the term `highest permanent grade' means a grade at or below
the grade of major general in the Army, Air Force, or Marine
Corps or rear admiral in the Navy.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 69 of title 10, United States
Code, is amended by striking the item relating to
section 1370 and inserting the following new items:
``1370. Regular commissioned officers.
``1370a. Officers entitled to retired pay for non-regular service.''.
(b) Conforming and Technical Amendments to Retired Grade
Rules for the Armed Forces.--
(1) Retired pay.--Title 10, United States Code, is
amended as follows:
(A) In section 1406(b)(2), by striking
``section 1370(d)'' and inserting ``section
1370a''.
(B) In section 1407(f)(2)(B), by striking
``by reason of denial of a determination or
certification under section 1370'' and
inserting ``pursuant to section 1370 or
1370a''.
(2) Army.--Section 7341 of such title is amended--
(A) by striking subsection (a) and
inserting the following new subsection (a):
``(a)(1) The retired grade of a regular commissioned
officer of the Army who retires other than for physical
disability is determined under section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer
of the Army who retires other than for physical disability is
determined under section 1370a of this title.''; and
(B) in subsection (b)--
(i) by striking ``he'' and
inserting ``the member''; and
(ii) by striking ``his'' and
inserting ``the member's''.
(3) Navy and marine corps.--Such title is further
amended as follows:
(A) In section 8262(a), by striking
``sections 689 and 1370'' and inserting
``section 689, and section 1370 or 1370a (as
applicable),''.
(B) In section 8323(c), by striking
``section 1370 of this title'' and inserting
``section 1370 or 1370a of this title, as
applicable''.
(4) Air force and space force.--Section 9341 of
such title is amended--
(A) by striking subsection (a) and
inserting the following new subsection (a):
``(a)(1) The retired grade of a regular commissioned
officer of the Air Force or the Space Force who retires other
than for physical disability is determined under section 1370
of this title.
``(2) The retired grade of a reserve commissioned officer
of the Air Force or the Space Force who retires other than for
physical disability is determined under section 1370a of this
title.''; and
(B) in subsection (b)--
(i) by inserting ``or a Regular or
Reserve of the Space Force'' after
``Air Force'';
(ii) by striking ``he'' and
inserting ``the member''; and
(iii) by striking ``his'' and
inserting ``the member's''.
(5) Reserve officers.--Section 12771 of such title
is amended--
(A) in subsection (a), by striking
``section 1370(d)'' and inserting ``section
1370a of this title''; and
(B) in subsection (b)(1), by striking
``section 1370(d)'' and inserting ``section
1370a''.
(c) Other References.--In the determination of the retired
grade of a commissioned officer of the Armed Forces entitled to
retired pay under chapter 1223 of title 10, United States Code,
who retires after the date of the enactment of this Act, any
reference in a provision of law or regulation to section 1370
of title 10, United States Code, in such determination with
respect to such officer shall be deemed to be a reference to
section 1370a of title 10, United States Code (as amended by
subsection (a)).
SEC. 509. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF REGULAR NAVY
OFFICERS DESIGNATED FOR ENGINEERING DUTY,
AERONAUTICAL ENGINEERING DUTY, AND SPECIAL DUTY.
(a) Repeal.--Section 8137 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 815 of such title is amended by striking
the item relating to section 8137.
SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
(a) Permanent Programs.--Section 509 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2109; 10 U.S.C. 503 note) is amended--
(1) in the subsection heading of subsection (a), by
striking ``Pilot'';
(2) by striking ``pilot'' each place it appears;
and
(3) by striking subsections (d) and (e).
(b) Heading Amendment.--The heading of such section is
amended to read as follows:
``SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.''.
SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM.
(a) Review.--
(1) In general.--The Secretary of the Navy shall
review the policies and procedures for the Seaman to
Admiral-21 program in effect during fiscal years 2010
through 2014.
(2) Elements.--The elements of the review shall
include the following:
(A) A determination whether officer
candidates selected for the Seaman to Admiral-
21 program after October 28, 2009, and before
30 September 2014, were notified or otherwise
informed that they would not receive retirement
credit for the months of active service used in
pursuit of a baccalaureate-level degree under
the program following completion of the program
and upon appointment to the grade of ensign in
the Navy.
(B) An explanation of how and when the Navy
implemented the requirements of former section
6328(c) of title 10, United States Code
(currently section 8328(c) of that title) for
Seaman to Admiral-21 participants.
(C) The number of personnel who were
selected for the Seaman to Admiral-21 program,
completed a baccalaureate-level degree, and
were appointed as an ensign in the Navy under
the program from fiscal years 2010 through
2014.
(D) A determination whether the personnel
described in subparagraph (C) should be
eligible for retirement credit for the months
of active service spent in pursuit of a
baccalaureate-level degree.
(b) Report.--The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the review under
subsection (a).
(c) Deadline.--The Secretary of the Navy shall carry out
this section by not later than 180 days after the date of the
enactment of this Act.
Subtitle B--Reserve Component Management
SEC. 511. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR
OR NATIONAL EMERGENCY.
Section 688a of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection (g):
``(g) Exceptions During Periods of War or National
Emergency.--The limitations in subsections (c) and (f) shall
not apply during a time of war or of national emergency
declared by Congress or the President.''.
SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
Section 2031(a)(2) of title 10, United States Code, is
amended by inserting after ``service to the United States'' the
following: ``(including an introduction to service
opportunities in military, national, and public service)''.
SEC. 513. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Program Authority.--
(1) In general.--Chapter 102 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2036. Grants to support science, technology, engineering, and
mathematics education
``(a) Authority.--The Secretary, in consultation with the
Secretary of Education, may carry out a program to make grants
to eligible entities to assist such entities in providing
education in covered subjects to students in the Junior Reserve
Officers' Training Corps.
``(b) Coordination.--In carrying out a program under
subsection (a), the Secretary may coordinate with the
following:
``(1) The Director of the National Science
Foundation.
``(2) The Administrator of the National Aeronautics
and Space Administration.
``(3) The heads of such other Federal, State, and
local government entities the Secretary of Defense
determines to be appropriate.
``(c) Activities.--Activities funded with grants under this
section may include the following:
``(1) Training and other support for instructors to
teach courses in covered subjects to students.
``(2) The acquisition of materials, hardware, and
software necessary for the instruction of covered
subjects.
``(3) Activities that improve the quality of
educational materials, training opportunities, and
curricula available to students and instructors in
covered subjects.
``(4) Development of travel opportunities,
demonstrations, mentoring programs, and informal
education in covered subjects for students and
instructors.
``(5) Students' pursuit of certifications in
covered subjects.
``(d) Preference.--In making any grants under this section,
the Secretary shall give preference to eligible entities that
are eligible for assistance under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.).
``(e) Evaluations.--In carrying out a program under this
section, the Secretary shall establish outcome-based metrics
and internal and external assessments to evaluate the merits
and benefits of the activities funded with grants under this
section with respect to the needs of the Department of Defense.
``(f) Authorities.--In carrying out a program under this
section, the Secretary shall, to the extent practicable, make
use of the authorities under chapter 111 and sections 2601 and
2605 of this title, and other authorities the Secretary
determines appropriate.
``(g) Definitions.--In this section:
``(1) The term `eligible entity' means a local
education agency that hosts a unit of the Junior
Reserve Officers' Training Corps.
``(2) The term `covered subjects' means--
``(A) science;
``(B) technology;
``(C) engineering;
``(D) mathematics;
``(E) computer science;
``(F) computational thinking;
``(G) artificial intelligence;
``(H) machine learning;
``(I) data science;
``(J) cybersecurity;
``(K) robotics;
``(L) health sciences; and
``(M) other subjects determined by the
Secretary of Defense to be related to science,
technology, engineering, and mathematics.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 102 of such title is amended
by adding at the end the following new item:
``2036. Grants to support science, technology, engineering, and
mathematics education.''.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on any activities carried out under
section 2036 of title 10, United States Code (as added by
subsection (a)).
SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE
RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended
by striking subsection (h).
SEC. 515. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS
OF SELECTED RESERVE.
(a) Modification of Maximum Repayment Amount.--Section
16301(b) of title 10, United States Code, is amended by
striking ``$500'' and inserting ``$1,000''.
(b) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on the date of the
enactment of this Act and shall apply with respect to loan
repayment under section 16301 of title 10, United States Code,
for eligible years of service completed on or after the date of
the enactment of this Act.
SEC. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY
TRAVEL OR DUTY RESTRICTIONS IN COMPUTATIONS OF
ENTITLEMENT TO AND AMOUNTS OF RETIRED PAY FOR NON-
REGULAR SERVICE.
(a) Entitlement to Retired Pay.--Section 12732(a)(2) of
title 10, United States Code, is amended--
(1) by inserting after subparagraph (E) the
following new subparagraph:
``(F)(i) Subject to regulations prescribed
by the Secretary of Defense or the Secretary of
Homeland Security with respect to matters
concerning the Coast Guard when it is not
operating as a service in the Department of the
Navy, one point for each day of active service
or one point for each drill or period of
equivalent instruction that was prescribed by
the Secretary concerned to be performed during
the covered emergency period, if such person
was prevented from performing such duty due to
travel or duty restrictions imposed by the
President, the Secretary of Defense, or the
Secretary of Homeland Security with respect to
the Coast Guard.
``(ii) A person may not be credited more
than 35 points in a one-year period under this
subparagraph.
``(iii) In this subparagraph, the term
`covered emergency period' means the period
beginning on March 1, 2020, and ending on the
day that is 60 days after the date on which the
travel or duty restriction applicable to the
person concerned is lifted.''; and
(2) in the matter following subparagraph (F), as
inserted by paragraph (1), by striking ``and (E)'' and
inserting ``(E), and (F)''.
(b) Amount of Retired Pay.--Section 12733(3) of such title
is amended in the matter preceding subparagraph (A), by
striking ``or (D)'' and inserting ``(D), or (F)''.
(c) Reporting.--
(1) Report required.--Not later than one year after
the date on which the covered emergency period, as
defined in subparagraph (F) of section 12732(a)(2) of
such title, as added by subsection (a), ends, the
Secretary of Defense shall submit to the congressional
defense committees a report on the use of the authority
under such subparagraph.
(2) Elements.--The report under this subsection
shall include, with respect to each reserve component,
the following:
(A) The number of individuals granted
credit as a result of a training cancellation.
(B) The number of individuals granted
credit as a result of another extenuating
circumstance.
(3) Publication.--Not later than 30 days after
submitting the report under paragraph (1), the
Secretary shall--
(A) publish the report on a publicly
accessible website of the Department of
Defense; and
(B) ensure that any data in the report is
made available in a machine-readable format
that is downloadable, searchable, and sortable.
SEC. 517. QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS WHO
PERFORM CERTAIN SERVICE IN RESPONSE TO THE COVID-19
EMERGENCY.
(a) In General.--The Secretary of Defense may provide, to a
member of the reserve components of the Armed Forces who
performs a period of covered service, housing for not fewer
than 14 days immediately after the end of such period of
covered service.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning
given that term in section 101 of title 10, United
States Code.
(2) The term ``covered service'' means active
service performed in response to the covered national
emergency.
(3) The term ``covered national emergency'' means
the national emergency declared on March 13, 2020, by
the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to COVID-19.
SEC. 518. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
(a) In General.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of
Defense to provide job placement assistance and related
employment services directly to members of the National Guard
and Reserves in reserve active-status.
(b) Administration.--Any such pilot program shall be
offered to, and administered by, the adjutants general
appointed under section 314 of title 32, United States Code, or
other officials in the States concerned designated by the
Secretary for purposes of the pilot program.
(c) Cost-Sharing Requirement.--As a condition on the
provision of funds under this section to a State to support the
operation of the pilot program in that State, the State must
agree to contribute funds, derived from non-Federal sources, in
an amount equal to at least 50 percent of the funds necessary
for the operation of the pilot program in that State.
(d) Development.--In developing any such pilot program, the
Secretary shall--
(1) incorporate elements of State direct employment
programs for members of the reserve components; and
(2) use resources provided to members of the Armed
Forces with civilian training opportunities through the
SkillBridge transition training program administered by
the Department of Defense.
(e) Direct Employment Program Model.--Any such pilot
program shall use a job placement program model that focuses on
working one-on-one with eligible members to cost-effectively
provide job placement services, including--
(1) identifying unemployed and underemployed
individuals;
(2) job matching services;
(3) resume editing;
(4) interview preparation; and
(5) post-employment follow up.
(f) Evaluation.--The Secretary shall develop outcome
metrics to evaluate the success of any such pilot program.
(g) Reporting.--
(1) Report required.--If the Secretary carries out
the pilot Program, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the results of the pilot program not later
than March 1, 2022. The Secretary shall prepare the
report in coordination with the Chief of the National
Guard Bureau.
(2) Elements.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot
program, including the number of members of the
reserve components of the Armed Forces hired
and the cost-per-placement of participating
members.
(B) An assessment of the effects of the
pilot program and increased reserve component
employment on the readiness of members of the
reserve components and on the retention of
members.
(C) A comparison of the pilot program to
other programs conducted by the Department of
Defense to provide unemployment or
underemployment support to members of the
reserve components of the Armed Forces,
including the best practices developed through
and used in such programs.
(D) Any other matters the Secretary of
Defense determines appropriate.
(h) Duration; Extension.--
(1) Subject to paragraph (2), the authority to
carry out the pilot program expires on September 30,
2024.
(2) The Secretary may elect to extend the pilot
program for not more than two additional fiscal years.
SEC. 519. PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH SROTC UNITS AND
CSPI PROGRAMS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY INSTITUTIONS.
(a) Pilot Programs Required.--The Secretary of Defense may
carry out two pilot programs as follows:
(1) A pilot program, with elements as provided for
in subsection (c), at covered institutions in order to
assess the feasibility and advisability of mechanisms
to reduce barriers to participation in the Senior
Reserve Officers' Training Corps at such institutions
by creating partnerships between satellite or extension
Senior Reserve Officers' Training Corps units at such
institutions and covered military installations.
(2) In consultation with the Secretary of Homeland
Security, a pilot program, with elements as provided
for in subsection (d), in order to assess the
feasibility and advisability of the provision of
financial assistance to members of the Senior Reserve
Officers' Training Corps, and members of the Coast
Guard College Student Pre-Commissioning Initiative, at
covered institutions for participation in flight
training.
(b) Duration.--The duration of each pilot program under
subsection (a) may not exceed 5 years.
(c) Pilot Program on Partnerships Between Satellite or
Extension SROTC Units and Covered Military Installations.--
(1) Participating institutions.--The Secretary of
Defense shall carry out the pilot program required by
subsection (a)(1) at not fewer than five covered
institutions selected by the Secretary for purposes of
the pilot program.
(2) Requirements for selection.--Each covered
institution selected by the Secretary for purposes of
the pilot program under subsection (a)(1) shall--
(A) currently maintain a satellite or
extension Senior Reserve Officers' Training
Corps unit under chapter 103 of title 10,
United States Code, that is located more than
20 miles from the host unit of such unit; or
(B) establish and maintain a satellite or
extension Senior Reserve Officers' Training
Corps unit that meets the requirements in
subparagraph (A).
(3) Preference in selection of institutions.--In
selecting covered institutions under this subsection
for participation in the pilot program under subsection
(a)(1), the Secretary shall give preference to covered
institutions that are located within 20 miles of a
covered military installation of the same Armed Force
as the host unit of the Senior Reserve Officers'
Training Corps of the covered institution concerned.
(4) Partnership activities.--The activities
conducted under the pilot program under subsection
(a)(1) between a satellite or extension Senior Reserve
Officers' Training Corps unit and the covered military
installation concerned shall include such activities
designed to reduce barriers to participation in the
Senior Reserve Officers' Training Corps at the covered
institution concerned as the Secretary considers
appropriate, including measures to mitigate travel time
and expenses in connection with receipt of Senior
Reserve Officers' Training Corps instruction.
(d) Pilot Program on Financial Assistance for SROTC and
CSPI Members for Flight Training.--
(1) Eligibility for participation by srotc and cspi
members.--A member of a Senior Reserve Officers'
Training Corps unit, or a member of a Coast Guard
College Student Pre-Commissioning Initiative program,
at a covered institution may participate in the pilot
program under subsection (a)(2) if the member meets
such academic requirements at the covered institution,
and such other requirements, as the Secretary concerned
shall establish for purposes of the pilot program.
(2) Preference in selection of participants.--In
selecting members under this subsection for
participation in the pilot program under subsection
(a)(2), the Secretary concerned shall give a preference
to members who will pursue flight training under the
pilot program at a covered institution.
(3) Financial assistance for flight training.--
(A) In general.--The Secretary concerned
may provide any member of a Senior Reserve
Officers' Training Corps unit or a College
Student Pre-Commissioning Initiative program
who participates in the pilot program under
subsection (a)(2) financial assistance to
defray, whether in whole or in part, the
charges and fees imposed on the member for
flight training.
(B) Flight training.--Financial assistance
may be used under subparagraph (A) for a course
of flight training only if the course meets
Federal Aviation Administration standards and
is approved by the Federal Aviation
Administration and the applicable State
approving agency.
(C) Use.--Financial assistance received by
a member under subparagraph (A) may be used
only to defray the charges and fees imposed on
the member as described in that subparagraph.
(D) Cessation of eligibility.--Financial
assistance may not be provided to a member
under subparagraph (A) as follows:
(i) If the member ceases to meet
the academic and other requirements
established pursuant to paragraph (1).
(ii) If the member ceases to be a
member of the Senior Reserve Officers'
Training Corps or the College Student
Pre-Commissioning Initiative, as
applicable.
(e) Evaluation Metrics.--The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot
programs under subsection (a).
(f) Reports.--
(1) Initial report.--Not later than 180 days after
the commencement of the pilot programs under subsection
(a), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot
programs. The report shall include the following:
(A) A description of each pilot program,
including in the case of the pilot program
under subsection (a)(2) the requirements
established pursuant to subsection (d)(1).
(B) The evaluation metrics established
under subsection (e).
(C) Such other matters relating to the
pilot programs as the Secretary considers
appropriate.
(2) Annual report.--Not later than 90 days after
the end of each fiscal year in which the Secretary
carries out the pilot programs, the Secretary shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
pilot programs during such fiscal year. Each report
shall include, for the fiscal year covered by such
report, the following:
(A) In the case of the pilot program
required by subsection (a)(1), a description of
the partnerships between satellite or extension
Senior Reserve Officers' Training Corps units
and covered military installations under the
pilot program.
(B) In the case of the pilot program
required by subsection (a)(2), the following:
(i) The number of members of Senior
Reserve Officers' Training Corps units,
and the number of members of Coast
Guard College Student Pre-Commissioning
Initiative programs, at covered
institutions selected for purposes of
the pilot program, including the number
of such members participating in the
pilot program.
(ii) The number of recipients of
financial assistance provided under the
pilot program, including the number
who--
(I) completed a ground
school course of instruction in
connection with obtaining a
private pilot's certificate;
(II) completed flight
training, and the type of
training, certificate, or both
received;
(III) were selected for a
pilot training slot in the
Armed Forces;
(IV) initiated pilot
training in the Armed Forces;
or
(V) successfully completed
pilot training in the Armed
Forces.
(iii) The amount of financial
assistance provided under the pilot
program, broken out by covered
institution, course of study, and such
other measures as the Secretary
considers appropriate.
(C) Data collected in accordance with the
evaluation metrics established under subsection
(e).
(3) Final report.--Not later than 180 days prior to
the completion of the pilot programs, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
pilot programs. The report shall include the following:
(A) A description of the pilot programs.
(B) An assessment of the effectiveness of
each pilot program.
(C) A description of the cost of each pilot
program, and an estimate of the cost of making
each pilot program permanent.
(D) An estimate of the cost of expanding
each pilot program throughout all eligible
Senior Reserve Officers' Training Corps units
and College Student Pre-Commissioning
Initiative programs.
(E) Such recommendations for legislative or
administrative action as the Secretary
considers appropriate in light of the pilot
programs, including recommendations for
extending or making permanent the authority for
each pilot program.
(g) Definitions.--In this section:
(1) The term ``covered institution'' has the
meaning given that term in section 262(g)(2) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(2) The term ``covered military installation''
means an installation of the Department of Defense for
the regular components of the Armed Forces.
(3) The term ``flight training'' means a course of
instruction toward obtaining any of the following:
(A) A private pilot's certificate.
(B) A commercial pilot certificate.
(C) A certified flight instructor
certificate.
(D) A multi-crew pilot's license.
(E) A flight instrument rating.
(F) Any other certificate, rating, or pilot
privilege the Secretary considers appropriate
for purposes of this section.
SEC. 519A. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE
TO THE COVID-19 PANDEMIC.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding how it is determined whether to authorize full-time
National Guard duty in response to the covered national
emergency.
(b) Elements.--The report under this section shall include
the following:
(1) The number of requests described in subsection
(a).
(2) The number of such requests approved and the
number of requests denied.
(3) For each such request--
(A) the time elapsed from receipt of
request to disposition of request; and
(B) whether costs (including pay and
benefits for members of the National Guard)
were a factor in determining whether to grant
or deny the request.
(4) For each such request approved, an estimate of
the time between approval and the time when the first
such member of the National Guard was placed on full-
time National Guard duty in response to such request.
(5) For each such request denied, the reason for
denial and how such denial was explained to the
requestor.
(6) A description of how the process of review for
such requests differed from previous requests for a
determination whether to authorize full-time National
Guard duty under section 502(f) of title 32, United
States Code.
(7) Recommendations of the Secretary to improve the
review of such requests in order to better respond to
such requests.
(c) Definitions.--In this section:
(1) The term ``covered national emergency'' means
the national emergency declared on March 13, 2020, by
the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to COVID-19.
(2) The term ``full-time National Guard duty'' has
the meaning given that term in section 101 of title 10,
United States Code.
SEC. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO STATES
RESPONDING TO MAJOR DISASTERS.
(a) Study Required.--The Secretary of Defense shall conduct
a study on the process by which the National Guard provides
support to other Federal agencies and to States during major
disasters. The report shall include the following:
(1) With regards to authorization of full-time
National Guard duty under section 502(f) of title 32,
United States Code--
(A) a review of the process of such
authorization, including authorization
approval, funding approval, and mission
assignment;
(B) a review of data regarding the
frequency and speed of such authorizations
during fiscal years 2015 through 2020; and
(C) measures of performance or
effectiveness.
(2) The effectiveness of the funding transfer
process between the Federal Emergency Management Agency
and the Department of Defense.
(3) The development and promulgation of training
and education materials for the National Guard and
other components of the Department of Defense.
(4) An analysis of lessons learned from the
response to COVID-19, including--
(A) policy gaps identified by the
Secretary; and
(B) any recommendations of the Secretary to
improve such process.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that includes the
findings of the study conducted under subsection (a).
SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY
THE NATIONAL GUARD.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review current guidance on the use of unmanned
aircraft systems by the National Guard for covered
activities within the United States; and
(2) submit to the congressional defense committees
a report containing recommendations of the Secretary
regarding how to expedite the review of requests for
use of unmanned aircraft systems described in paragraph
(1).
(b) Covered Activities Defined.--In this section, the term
``covered activities'' means--
(1) emergency operations;
(2) search and rescue operations;
(3) defense support to civil authorities; and
(4) support under section 502(f) of title 32,
United States Code.
SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) Study.--The Secretary of Defense shall conduct a study
that assesses--
(1) whether members of the Armed Forces who served
in the Junior Reserve Officers' Training Corps are more
or less likely than members who served in the Senior
Reserve Officers' Training Corps to achieve or receive
recommendations for higher ranks;
(2) whether there is a correlation between race or
ethnicity and the rank ultimately achieved by such
members;
(3) whether individuals who serve in the Junior
Reserve Officers' Training Corps are likelier to join
the Armed Forces than other individuals; and
(4) the feasibility of establishing a program to
create a pathway for minorities into higher ranks in
the Armed Forces.
(b) Report.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the results of the study conducted under subsection (a).
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS.
(a) Secondary Schools.--Section 503 of title 10, United
States Code, is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A)(ii), by striking
``and telephone listings,'' and all that
follows through the period at the end and
inserting ``electronic mail addresses (which
shall be the electronic mail addresses provided
by the school, if available), and telephone
listings, notwithstanding subsection (a)(5) of
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g).''; and
(B) in subparagraph (B), by striking ``and
telephone listing'' and inserting ``electronic
mail address, and telephone listing''; and
(2) by striking subsection (d).
(b) Institutions of Higher Education.--Section 983(b)(2)(A)
of such title is amended by striking ``and telephone listings''
and inserting ``electronic mail addresses (which shall be the
electronic mail addresses provided by the institution, if
available), and telephone listings''.
SEC. 522. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL DISABILITY
BOARD OF REVIEW.
Section 1554a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) Sunset.--(1) On or after the date of the enactment of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021, the Secretary of Defense may sunset
the Physical Disability Board of Review under this section.
``(2) If the Secretary sunsets the Physical Disability
Board of Review under paragraph (1), the Secretary shall
transfer any remaining requests for review pending at that
time, and shall assign any new requests for review under this
section, to a board for the correction of military records
operated by the Secretary concerned under section 1552 of this
title..
``(3) Subsection (c)(4) shall not apply with respect to any
review conducted by a board for the correction of military
records under paragraph (2).''.
SEC. 523. HONORARY PROMOTION MATTERS.
(a) Honorary Promotions on Initiative of Department of
Defense.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1563 the following new
section:
``Sec. 1563a. Honorary promotions on the initiative of the Department
of Defense
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary may make an honorary
promotion (whether or not posthumous) of a former member or
retired member of the armed forces to any grade not exceeding
the grade of major general, rear admiral (upper half), or an
equivalent grade in the Space Force if the Secretary determines
that the promotion is merited.
``(2) The authority to make an honorary promotion under
this subsection shall apply notwithstanding that the promotion
is not otherwise authorized by law.
``(b) Notice to Congress.--The Secretary may not make an
honorary promotion pursuant to subsection (a) until 60 days
after the date on which the Secretary submits to the Committees
on Armed Services of the Senate and the House of
Representatives a notice of the determination to make the
promotion, including a detailed discussion of the rationale
supporting the determination.
``(c) Notice of Promotion.--Upon making an honorary
promotion pursuant to subsection (a), the Secretary shall
expeditiously notify the former member or retired member
concerned, or the next of kin of such former member or retired
member if such former member or retired member is deceased, of
the promotion.
``(d) Nature of Promotion.--Any promotion pursuant to this
section is honorary, and shall not affect the pay, retired pay,
or other benefits from the United States to which the former
member or retired member concerned is entitled or would have
been entitled based on the military service of such former
member or retired member, nor affect any benefits to which any
other person is or may become entitled based on the military
service of such former member or retired member.''.
(b) Modification of Authorities on Review of Proposals From
Congress.--
(1) Standardization of authorities with authorities
on initiative of department of defense.--Section 1563
of title 10, United States Code, is amended--
(A) in subsection (a)--
(i) in the first sentence, by
striking ``the posthumous or honorary
promotion or appointment of a member or
former member of the armed forces, or
any other person considered
qualified,'' and inserting ``the
honorary promotion (whether or not
posthumous) of a former member or
retired member of the armed forces'';
and
(ii) in the second sentence, by
striking ``the posthumous or honorary
promotion or appointment'' and
inserting ``the promotion''; and
(B) in subsection (b), by striking ``the
posthumous or honorary promotion or
appointment'' and inserting ``the honorary
promotion''.
(2) Authority to make honorary promotions following
review of proposals.--Such section is further amended--
(A) by redesignating subsection (c) as
subsection (d); and
(B) by inserting after subsection (b) the
following new subsection (c):
``(c) Authority To Make.--(1) Under regulations prescribed
by the Secretary of Defense, the Secretary of Defense may make
an honorary promotion (whether or not posthumous) of a former
member or retired member of the armed forces to any grade not
exceeding the grade of major general, rear admiral (upper
half), or an equivalent grade in the Space Force following the
submittal of the determination of the Secretary concerned under
subsection (b) in connection with the proposal for the
promotion if the determination is to approve the making of the
promotion.
``(2) The Secretary of Defense may not make an honorary
promotion under this subsection until 60 days after the date on
which the Secretary concerned submits the determination in
connection with the proposal for the promotion under subsection
(b), and the detailed rationale supporting the determination as
described in that subsection, to the Committees on Armed
Services of the Senate and the House of Representatives and the
requesting Member in accordance with that subsection.
``(3) The authority to make an honorary promotion under
this subsection shall apply notwithstanding that the promotion
is not otherwise authorized by law.
``(4) Any promotion pursuant to this subsection is
honorary, and shall not affect the pay, retired pay, or other
benefits from the United States to which the former member or
retired member concerned is or would have been entitled based
upon the military service of such former member or retired
member, nor affect any benefits to which any other person may
become entitled based on the military service of such former
member or retired member.''.
(3) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 1563. Consideration of proposals from Members of Congress for
honorary promotions: procedures for review and
promotion''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by striking
the item relating to section 1563 and inserting the following
new items:
``1563. Consideration of proposals from Members of Congress for honorary
promotions: procedures for review and promotion.
``1563a. Honorary promotions on the initiative of the Department of
Defense.''.
SEC. 524. EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM RECORDS
FURNISHED TO PROMOTION SELECTION BOARDS.
(a) Active Duty Officers.--The Secretary of Defense shall
include in the regulations prescribed pursuant to section
615(a) of title 10, United States Code, a prohibition on the
inclusion of an official photograph of an officer in the
information furnished to a selection board pursuant to section
615(b) of such title.
(b) Reserve Officers.--The Secretary of Defense shall
include in regulations prescribed pursuant to section
14107(a)(1) of title 10, United States Code, a prohibition on
the inclusion of an official photograph of an officer in the
information furnished to a selection board pursuant to section
14107(a)(2) of such title.
(c) Enlisted Members.--Each Secretary of a military
department shall prescribe regulations that prohibit the
inclusion of an official photograph of an enlisted member in
the information furnished to a board that considers enlisted
members under the jurisdiction of such Secretary for promotion.
(d) Report on Exclusion of Additional Information.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the following:
(1) A recommendation for the redaction or removal
from information furnished to selection boards convened
to consider officers or enlisted members for promotion
to the next higher grade of such information, if any,
relating to an officer or enlisted member, as
applicable, that is currently furnished to such a
selection board as the Secretary considers appropriate
for redaction or removal in order to eliminate
inappropriate bias in the promotion selection process.
(2) An assessment of the anticipated effects on the
promotion process for officers or enlisted members, as
applicable, of the redaction or removal from
information furnished to selection boards of
information recommended for redaction or removal
pursuant to paragraph (1).
(3) An implementation plan that describes and
assesses the manner in which the redaction or removal
of such information will be achieved, including a
description and assessment of the following:
(A) Any required changes to policies,
processes, or systems, including any
information technology required.
(B) The cost of implementing such changes.
(C) The estimated timeline for completion
of the implementation of such changes (which
may not be later than the day that is two years
after the date of the report).
(D) The duty title of the officer or
employee of the Department Defense to be
assigned responsibility for implementing such
changes.
SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED
ON SEXUAL ORIENTATION.
(a) Report Required.--Not later than September 30, 2021,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report regarding the number of former members of the Armed
Forces who--
(1) were discharged or dismissed from the Armed
Forces;
(2) on or after September 21, 2011, applied to the
Secretary of the military department concerned for an
upgrade in the characterization of such discharge or
dismissal; and
(3) assert in such application that such discharge
or dismissal arose from a policy of the Department of
Defense regarding the sexual orientation of a member
before September 21, 2011.
(b) Elements.--The report under this section shall include
the following:
(1) The number of applications described in
subsection (a) and the percentages of such applications
granted and denied, disaggregated by--
(A) Armed Force;
(B) grade;
(C) characterization of discharge or
dismissal originally received; and
(D) characterization of discharge or
dismissal received pursuant to an application
described in subsection (a)(2).
(2) If the Secretary can determine the number
without reviewing applications described in subsection
(a) on a case-by-case basis, the number of such
applications--
(A) that were denied; and
(B) in which the discharge or dismissal was
based solely on misconduct of the discharged or
dismissed member.
(c) Publication.--Not later than 90 days after the
Secretary submits the report under this section, the Secretary
shall publish the report on a publicly accessible website of
the Department of Defense.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
SEC. 531. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN
CONNECTION WITH APPLICATIONS FOR CHANGE OF STATION
OR UNIT TRANSFER OF MEMBERS WHO ARE VICTIMS OF
SEXUAL ASSAULT OR RELATED OFFENSES.
(a) In General.--Section 673(b) of title 10, United States
Code, is amended by striking ``72 hours'' both places it
appears and inserting ``five calendar days''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply to decisions on applications for permanent change
of station or unit transfer made under section 673 of title 10,
United States Code, on or after that date.
SEC. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Confidential Reporting.--
(1) In general.--Chapter 80 of title 10, United
States Code, is amended by inserting after section
1561a the following new section:
``Sec. 1561b. Confidential reporting of sexual harassment
``(a) Reporting Process.--Notwithstanding section 1561 of
this title, the Secretary of Defense shall prescribe in
regulations a process by which a member of an armed force under
the jurisdiction of the Secretary of a military department may
confidentially allege a complaint of sexual harassment to an
individual outside the immediate chain of command of the
member.
``(b) Receipt of Complaints.--An individual designated and
trained to receive complaints under the process under
subsection (a) shall--
``(1) maintain the confidentiality of the member
alleging the complaint;
``(2) explain to the member alleging the complaint
the different avenues of redress available to resolve
the complaint and the different consequences of each
avenue on the manner in which the complaint will be
investigated (if at all), including an explanation of
the following:
``(A) The manner in which to file a
complaint concerning alleged sexual harassment
with the official or office designated for
receipt of such complaint through such avenue
of redress.
``(B) That confidentiality in connection
with the complaint cannot be maintained when
there is a clear and present risk to health or
safety.
``(C) If the alleged sexual harassment also
involves an allegation of sexual assault,
including sexual contact--
``(i) the manner in which to file a
confidential report with a Sexual
Assault Response Coordinator or a
Sexual Assault Prevention and Response
Victim Advocate; and
``(ii) options available pursuant
to such reporting, including a
Restricted Report or Unrestricted
Report, and participation in the Catch
a Serial Offender Program.
``(D) The services and assistance available
to the member in connection with the complaint
and the alleged sexual harassment.
``(c) Education and Tracking.--The Secretary of Defense
shall--
``(1) educate members under the jurisdiction of the
Secretaries of the military departments regarding the
process established under this section; and
``(2) track complaints alleged pursuant to the
process.
``(d) Reports.--Not later than April 30, 2023, and April 30
every two years thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing data on the
complaints of sexual harassment alleged pursuant to the process
under subsection (a) during the previous two calendar years.
Any data on such complaints shall not contain any personally
identifiable information.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 80 of such title is amended by
inserting after the item relating to section 1561b the
following new item:
``1561b. Confidential reporting of sexual harassment.''.
(b) Plan for Implementation.--The Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth a plan
for the implementation of the process for confidential
reporting of sexual harassment required by section 1561b of
title 10, United States Code (as added by subsection (a)). The
plan shall include the date on which the process is anticipated
to be fully implemented.
(c) Plan for Access to Confidential Reports To Identify
Serial Harassers.--Not later than one year after the
implementation of the process for confidential reporting of
sexual harassment required by section 1561b of title 10, United
States Code (as so added), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan to
allow an individual who files a confidential report of sexual
harassment pursuant to the process to elect to permit a
military criminal investigative organization to access certain
information in the confidential report, including identifying
information of the alleged perpetrator (if available), for the
purpose of identifying individuals who are suspected of
multiple incidents of sexual harassments, without such access
affecting the confidential nature of the confidential report.
The report shall specify the information to be accessible by
criminal investigative organizations pursuant to the plan.
SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C.
1561 note) is amended in subsection (c)(2)--
(1) by redesignating subparagraph (C) as
subparagraph (E); and
(2) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) Efforts among private employers to
prevent sexual assault and sexual harassment
among their employees.
``(D) Evidence-based studies on the
prevention of sexual assault and sexual
harassment in the Armed Forces, institutions of
higher education, and the private sector.''.
SEC. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE DEFENSE ADVISORY
COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT.
Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C.
1561 note), as amended by section 533 of this Act, is further
amended by adding at the end of subsection (d) the following:
``The report in 2021 shall also include the following:
``(1) A description and assessment of the extent
and effectiveness of the inclusion by the Armed Forces
of sexual assault prevention and response training in
leader professional military education (PME),
especially in such education for personnel in junior
noncommissioned officer grades.
``(2) An assessment of the feasibility of--
``(A) the screening before entry into
military service of recruits who may have been
the subject or perpetrator of prior incidents
of sexual assault and harassment, including
through background checks; and
``(B) the administration of screening tests
to recruits to assess recruit views and beliefs
on equal opportunity, and whether such views
and beliefs are compatible with military
service.
``(3) An assessment of the feasibility of
conducting exit interviews of members of the Armed
Forces upon their discharge release from the Armed
Forces in order to determine whether they experienced
or witnessed sexual assault or harassment during
military service and did not report it, and an
assessment of the feasibility of combining such exit
interviews with the Catch a Serial Offender (CATCH)
Program of the Department of Defense.
``(4) An assessment whether the sexual assault
reporting databases of the Department are sufficiently
anonymized to ensure privacy while still providing
military leaders with the information as follows:
``(A) The approximate length of time the
victim and the assailant had been at the duty
station at which the sexual assault occurred.
``(B) The percentage of sexual assaults
occurring while the victim or assailant were on
temporary duty, leave, or otherwise away from
their permanent duty station.
``(C) The number of sexual assaults that
involve an abuse of power by a commander or
supervisor.''.
SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD ACADEMY AMONG
DUTIES OF DEFENSE ADVISORY COMMITTEE FOR THE
PREVENTION OF SEXUAL MISCONDUCT.
Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C.
1561 note), as amended by sections 533 and 534 of this Act, is
further amended--
(1) in subsection (c)(1)(B), by inserting ``,
including the United States Coast Guard Academy,''
after ``academy'';
(2) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following
new subsection (d):
``(d) Advisory Duties on Coast Guard Academy.--In providing
advice under subsection (c)(1)(B), the Advisory Committee shall
also advise the Secretary of the Department in which the Coast
Guard is operating in accordance with this section on policies,
programs, and practices of the United States Coast Guard
Academy.''; and
(4) in subsection (e) and paragraph (2) of
subsection (g), as redesignated by paragraph (2) of
this section, by striking ``the Committees on Armed
Services of the Senate and the House of
Representatives'' each place it appears and inserting
``the Committees on Armed Services and Commerce,
Science, and Transportation of the Senate and the
Committees on Armed Services and Transportation and
Infrastructure of the House of Representatives''.
SEC. 536. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS OF
SEXUAL OFFENSES.
Section 547 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 1561 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``accused of'' and
inserting ``suspected of''; and
(ii) by striking ``assault'' and
inserting ``offense'';
(B) in paragraph (2), by striking ``accused
of'' and inserting ``suspected of''; and
(C) in paragraph (3)--
(i) by striking ``assaults'' and
inserting ``offenses''; and
(ii) by striking ``an accusation''
and inserting ``suspicion of'';
(2) by redesignating subsection (b) as subsection
(c);
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Guidance Required.--The Secretary of Defense shall
issue guidance to ensure the uniformity of the data collected
by each Armed Force for purposes of subsection (a). At a
minimum, such guidance shall establish--
``(1) standardized methods for the collection of
the data required to be reported under such subsection;
and
``(2) standardized definitions for the terms
`sexual offense', `collateral miconduct', and `adverse
action'.''; and
(4) by amending subsection (c), as redesignated by
paragraph (2), to read as follows:
``(c) Definitions.--In this section:
``(1) The term `covered individual' means an
individual who is identified in the case files of a
military criminal investigative organization as a
victim of a sexual offense that occurred while that
individual was serving on active duty as a member of
the Armed Forces.
``(2) The term `suspected of', when used with
respect to a covered individual suspected of collateral
misconduct or crimes as described in subsection (a),
means that an investigation by a military criminal
investigative organization reveals facts and
circumstances that would lead a reasonable person to
believe that the individual committed an offense under
chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).''.
SEC. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Additional Recipients.--Subsection (d) of section 1631
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended by inserting ``and the Committees on Veterans' Affairs
of the Senate and the House of Representatives'' after ``House
of Representatives''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply to reports required to be submitted under such
section on or after such date.
SEC. 538. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretaries of Defense and
Veterans Affairs shall jointly develop, implement, and maintain
a standard of coordinated care for members of the Armed Forces
who are survivors of sexual trauma. Such standard shall include
the following:
(b) Minimum Elements.--The standard developed and
implemented under subsection (a) by the Secretaries of Defense
and Veterans Affairs shall include the following:
(1) Information for members of the armed forces.--
The Secretary of Defense shall ensure that--
(A) Sexual Assault Response Coordinators
and Uniformed Victim Advocates receive annual
training on resources of the Department of
Veterans Affairs regarding sexual trauma;
(B) information regarding services
furnished by the Secretary of Veterans Affairs
to survivors of sexual trauma is provided to
each such survivor; and
(C) information described in subparagraph
(B) is posted in the following areas in each
facility of the Department of Defense:
(i) An office of the Family
Advocacy Program.
(ii) An office of a mental health
care provider.
(iii) Each area in which sexual
assault prevention staff normally post
notices or information.
(iv) High-traffic areas (including
dining facilities).
(2) Coordination between staff of the
departments.--The Secretaries shall ensure that a
Sexual Assault Response Coordinator or Uniformed Victim
Advocate of the Department of Defense who receives a
report of an instance of sexual trauma connects the
survivor to the Military Sexual Trauma Coordinator of
the Department of Veterans Affairs at the facility of
that Department nearest to the residence of that
survivor if that survivor is a member separating or
retiring from the Armed Forces.
(c) Reports.--
(1) Report on residential treatment.--Not later
than 180 days after the date of the enactment of this
Act, the Secretaries of Defense and Veterans Affairs
shall provide a report to the appropriate committees of
Congress regarding the availability of residential
treatment programs for survivors of sexual trauma,
including--
(A) barriers to access for such programs;
and
(B) resources required to reduce such
barriers.
(2) Initial report.--Upon implementation of the
standard under subsection (a), the Secretaries of
Defense and Veterans Affairs shall jointly submit to
the appropriate committees of Congress a report on the
standard.
(3) Progress reports.--Not later than 180 days
after submitting the initial report under paragraph
(2), and on December 1 of each subsequent year, the
Secretaries of Defense and Veterans Affairs shall
jointly submit to the appropriate committees of
Congress a report on the progress of the Secretaries in
implementing and improving the standard.
(4) Updates.--Whenever the Secretaries of Defense
and Veterans Affairs update the standard developed
under subsection (a), the Secretaries shall jointly
submit to the appropriate committees of Congress a
report on such update, including a comprehensive and
detailed description of such update and the reasons for
such update.
(d) Definitions.--In this section:
(1) The term ``sexual trauma'' means a condition
described in section 1720D(a)(1) of title 38, United
States Code.
(2) The term ``appropriate committees of Congress''
means--
(A) the Committees on Veterans' Affairs of
the House of Representatives and the Senate;
and
(B) the Committees on Armed Services of the
House of Representatives and the Senate.
SEC. 539. POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF
ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN
INCIDENTS OF SEXUAL ASSAULT.
(a) In General.--The Secretary of Defense shall, in
consultation with the Secretaries of the military departments
and the Superintendent of each military service academy,
prescribe in regulations a policy under which a cadet or
midshipman of a military service academy who is the alleged
victim of a sexual assault and a cadet or midshipman who is the
alleged perpetrator of such assault shall, to the extent
practicable, each be given the opportunity to complete their
course of study at the academy without--
(1) taking classes together; or
(2) otherwise being in close proximity to each
other during mandatory activities.
(b) Elements.--The Secretary of Defense shall ensure that
the policy developed under subsection (a)--
(1) permits an alleged victim to elect not to be
covered by the policy with respect to a particular
incident of sexual assault;
(2) protects the alleged victim as necessary,
including by prohibiting retaliatory harassment;
(3) minimizes the prejudicial impact of the policy,
to the extent practicable, on both the alleged victim
and the alleged perpetrator, and allows the alleged
victim and the alleged perpetrator to complete their
course of study at the institution with minimal
disruption;
(4) protects the privacy of both the alleged victim
and the alleged perpetrator by ensuring that
information about the alleged sexual assault and the
individuals involved is not revealed to third parties
who are not specifically authorized to receive such
information in the course of performing their regular
duties, except that such policy shall not preclude the
alleged victim or the alleged perpetrator from making
such disclosures to third parties; and
(5) minimizes the burden on the alleged victim when
taking steps to separate the alleged victim and alleged
perpetrator.
(c) Special Rule.--The policy developed under subsection
(a) shall not preclude a military service academy from taking
other administrative or disciplinary action when appropriate.
(d) Military Service Academy Defined.--In this section, the
term ``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
SEC. 539A. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
prescribe in regulations a safe-to-report policy described in
subsection (b) that applies with respect to all members of the
Armed Forces (including members of the reserve components of
the Armed Forces) and cadets and midshipmen at the military
service academies.
(b) Safe-to-report Policy.--The safe-to-report policy
described in this subsection is a policy that prescribes the
handling of minor collateral misconduct involving a member of
the Armed Forces who is the alleged victim of sexual assault.
(c) Aggravating Circumstances.--The regulations under
subsection (a) shall specify aggravating circumstances that
increase the gravity of minor collateral misconduct or its
impact on good order and discipline for purposes of the safe-
to-report policy.
(d) Tracking of Collateral Misconduct Incidents.--In
conjunction with the issuance of regulations under subsection
(a), Secretary shall develop and implement a process to track
incidents of minor collateral misconduct that are subject to
the safe-to-report policy.
(e) Definitions.--In this section:
(1) The term ``Armed Forces'' has the meaning given
that term in section 101(a)(4) of title 10, United
States Code, except such term does not include the
Coast Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term ``minor collateral misconduct'' means
any minor misconduct that is potentially punishable
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that--
(A) is committed close in time to or during
the sexual assault, and directly related to the
incident that formed the basis of the sexual
assault allegation;
(B) is discovered as a direct result of the
report of sexual assault or the ensuing
investigation into the sexual assault; and
(C) does not involve aggravating
circumstances (as specified in the regulations
prescribed under subsection (c)) that increase
the gravity of the minor misconduct or its
impact on good order and discipline.
SEC. 539B. ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE
FOR DISCHARGING THE SEXUAL HARASSMENT POLICIES AND
PROGRAMS OF THE DEPARTMENT.
(a) Strategy on Holding Leadership Accountable Required.--
The Secretary of Defense shall develop and implement Department
of Defense-wide a strategy to hold individuals in positions of
leadership in the Department (including members of the Armed
Forces and civilians) accountable for the promotion, support,
and enforcement of the policies and programs of the Department
on sexual harassment.
(b) Oversight Framework.--
(1) In general.--The strategy required by
subsection (a) shall provide for an oversight framework
for the efforts of the Department of Defense to
promote, support, and enforce the policies and programs
of the Department on sexual harassment.
(2) Elements.--The oversight framework required by
paragraph (1) shall include the following:
(A) Long-term goals, objectives, and
milestones in connection with the policies and
programs of the Department on sexual
harassment.
(B) Strategies to achieve the goals,
objectives, and milestones referred to in
subparagraph (A).
(C) Criteria for assessing progress toward
the achievement of the goals, objectives, and
milestones referred to in subparagraph (A).
(D) Criteria for assessing the
effectiveness of the policies and programs of
the Department on sexual harassment.
(E) Mechanisms to ensure that adequate
resources are available to the Office of the
Secretary of Defense to develop and discharge
the oversight framework.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the actions taken to carry out this
section, including the strategy developed and implemented
pursuant to subsection (a), and the oversight framework
developed and implemented pursuant to subsection (b).
SEC. 539C. REPORTS ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-RELATED
OFFENSES.
(a) Reports Required.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter through
December 31, 2025, the Secretary of each military department
shall submit to the congressional defense committees a report
on the status of investigations into alleged sex-related
offenses.
(b) Elements.--Each report under subsection (a) shall
include, with respect to investigations into alleged sex-
related offenses carried out by military criminal investigative
organizations under the jurisdiction of the Secretary concerned
during the preceding year, the following:
(1) The total number of investigations.
(2) For each investigation--
(A) the date the investigation was
initiated; and
(B) an explanation of whether the
investigation is in-progress or complete as of
the date of the report and, if complete, the
date on which the investigation was completed.
(3) The total number of investigations that are
complete as of the date of the report.
(4) The total number of investigations that are in-
progress as of the date of the report.
(5) For investigations lasting longer than 180
days, a general explanation of the primary reasons for
the extended duration of such investigations.
(c) Definitions.--In this section:
(1) The term ``alleged sex-related offense'' has
the meaning given that term in section 1044(e)(h) of
title 10, United States Code.
(2) The term ``complete'' when used with respect to
an investigation of an alleged sex-related offense,
means the active phase of the investigation is
sufficiently complete to enable the appropriate
authority to reach a decision with respect to the
disposition of charges for the offense.
SEC. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS
AND SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM
ADVOCATES TO PERFORM DUTIES.
(a) Survey.--
(1) In general.--Not later than June 30, 2021, the
Secretary of Defense shall conduct a survey regarding
the ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates
to perform their duties.
(2) Elements.--The survey required under paragraph
(1) shall assess--
(A) the current state of support provided
to Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim
Advocates, including--
(i) perceived professional or other
reprisal or retaliation; and
(ii) access to sufficient physical
and mental health services as a result
of the nature of their work;
(B) the ability of Sexual Assault Response
Coordinators and Sexual Assault Prevention and
Response Victim Advocates to contact and access
their installation commander or unit commander;
(C) the ability of Sexual Assault Response
Coordinators and Sexual Assault Prevention and
Response Victim Advocates to contact and access
the immediate commander of victims and alleged
offenders;
(D) the responsiveness and receptiveness of
commanders to the Sexual Assault Response
Coordinators;
(E) the support and services provided to
victims of sexual assault;
(F) the understanding of others of the
process and their willingness to assist;
(G) the adequacy of the training received
by Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim
Advocates to effectively perform their duties;
and
(H) any other factors affecting the ability
of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim
Advocates to perform their duties.
(b) Report.--Upon completion of the survey required under
subsection (a), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the survey and any
actions to be taken as a result of the survey.
SEC. 539E. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Judge Advocates General
of the Army, the Navy, the Air Force, and the Coast Guard and
the Staff Judge Advocate to the Commandant of the Marine Corps
shall each provide to the congressional defense committees a
briefing on the status of the Special Victims' Counsel program
of the Armed Force concerned.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the Special Victims' Counsel program
of the Armed Force concerned, the following:
(1) An assessment of whether the Armed Force is in
compliance with the provisions of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92) relating to the Special Victims' Counsel program
and, if not, what steps have been taken to achieve
compliance with such provisions.
(2) An estimate of the average caseload of each
Special Victims' Counsel.
(3) A description of any staffing shortfalls in the
Special Victims' Counsel program or other programs of
the Armed Force resulting from the additional
responsibilities required of the Special Victims'
Counsel program under the National Defense
Authorization Act for Fiscal Year 2020.
(4) An explanation of the ability of Special
Victims' Counsel to adhere to requirement that a
counsel respond to a request for services within 72
hours of receiving such request.
(5) An assessment of the feasibility of providing
cross-service Special Victims' Counsel representation
in instances where a Special Victims' Counsel from a
different Armed Force is co-located with a victim at a
remote base.
SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN
ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT
ONTO NON-RATED PERIODS.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees
on Armed Services of the Senate and the House of
Representatives on the feasibility and advisability, and
current practice (if any) of the Department of Defense, of
granting requests by members of the Armed Forces who are in
academic status (whether at the military service academies or
in developmental education programs) and who are victims of
sexual assault to be placed on a Non-Rated Period for their
performance report.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL
MOTIONS, FILINGS, AND HEARINGS.
Section 806b(a)(2) of title 10, United States Code (article
6b(a)(2)) of the Uniform Code of Military Justice), is
amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) A post-trial motion, filing, or
hearing that may address the finding or
sentence of a court-martial with respect to the
accused, unseal privileged or private
information of the victim, or result in the
release of the accused.''.
SEC. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS OF
CRIMINAL APPEALS.
(a) Qualifications of Certain Judges.--Section 866(a) of
title 10, United States Code (article 66(a) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``Each Judge'' and inserting:
``(1) In general.--Each Judge''; and
(2) by adding at the end the following new
paragraph:
``(2) Additional qualifications.--In addition to
any other qualifications specified in paragraph (1),
any commissioned officer or civilian assigned as an
appellate military judge to a Court of Criminal Appeals
shall have not fewer than 12 years of experience in the
practice of law before such assignment.''.
(b) Standard of Review.--Paragraph (1) of section 866(d) of
title 10, United States Code (article 66(d) of the Uniform Code
of Military Justice), is amended to read as follows:
``(1) Cases appealed by accused.--
``(A) In general.--In any case before the
Court of Criminal Appeals under subsection (b),
the Court may act only with respect to the
findings and sentence as entered into the
record under section 860c of this title
(article 60c). The Court may affirm only such
findings of guilty as the Court finds correct
in law, and in fact in accordance with
subparagraph (B). The Court may affirm only the
sentence, or such part or amount of the
sentence, as the Court finds correct in law and
fact and determines, on the basis of the entire
record, should be approved.
``(B) Factual sufficiency review.--(i) In
an appeal of a finding of guilty under
subsection (b), the Court may consider whether
the finding is correct in fact upon request of
the accused if the accused makes a specific
showing of a deficiency in proof.
``(ii) After an accused has made such a
showing, the Court may weigh the evidence and
determine controverted questions of fact
subject to--
``(I) appropriate deference to the
fact that the trial court saw and heard
the witnesses and other evidence; and
``(II) appropriate deference to
findings of fact entered into the
record by the military judge.
``(iii) If, as a result of the review
conducted under clause (ii), the Court is
clearly convinced that the finding of guilty
was against the weight of the evidence, the
Court may dismiss, set aside, or modify the
finding, or affirm a lesser finding.''.
(c) Review by United States Court of Appeals for the Armed
Forces of Factual Sufficiency Rulings.--Section 867(c)(1) of
title 10, United States Code (article 67(c)(1) of the Uniform
Code of Military Justice), is amended--
(1) in subparagraph (A), by striking ``or'' at the
end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(C) the findings set forth in the entry of
judgment, as affirmed, dismissed, set aside, or modfied
by the Court of Criminal Appeals as incorrect in fact
under section 866(d)(1)(B) of this title (article
66(d)(1)(B)).''.
(d) Inclusion of Additional Information in Annual
Reports.--Section 946a(b)(2) of title 10, United States Code
(article 146a(b)(2) of the Uniform Code of Military Justice),
is amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) an analysis of each case in which a
Court of Criminal Appeals made a final
determination that a finding of a court-martial
was clearly against the weight of the evidence,
including an explanation of the standard of
appellate review applied in such case.''.
(e) Effective Dates and Applicability.--
(1) Qualifications of certain judges.--The
amendments made by subsection (a) shall take effect on
the date of the enactment of this Act, and shall apply
with respect to the assignment of appellate military
judges on or after that date.
(2) Review amendments.--The amendments made by
subsections (b) and (c) shall take effect on the date
of the enactment of this Act, and shall apply with
respect to any case in which every finding of guilty
entered into the record under section 860c of title 10,
United States Code (article 60c of the Uniform Code of
Military Justice), is for an offense that occurred on
or after that date.
SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS.
Section 940a of title 10, United States Code (article 140a
of the Uniform Code of Military Justice), is amended by adding
at the end the following new subsection:
``(d) Preservation of Court-Martial Records Without Regard
to Outcome.--The standards and criteria prescribed by the
Secretary of Defense under subsection (a) shall provide for the
preservation of general and special court-martial records,
without regard to the outcome of the proceeding concerned, for
not fewer than 15 years.''.
SEC. 544. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
Section 101(b) of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Department of defense.--
``(A) In general.--Not later than 3
business days after the final disposition of a
judicial proceeding conducted within the
Department of Defense, the Secretary of Defense
shall make available to the Attorney General
records which are relevant to a determination
of whether a member of the Armed Forces
involved in such proceeding is disqualified
from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title
18, United States Code, for use in background
checks performed by the National Instant
Criminal Background Check System.
``(B) Judicial proceeding defined.--In this
paragraph, the term `judicial proceeding' means
a hearing--
``(i) of which the person received
actual notice; and
``(ii) at which the person had an
opportunity to participate with
counsel.''.
SEC. 545. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF
CERTAIN PERSONS FROM INVESTIGATIVE REPORTS, THE
DEPARTMENT OF DEFENSE CENTRAL INDEX OF
INVESTIGATIONS, AND OTHER RECORDS AND DATABASES.
(a) Policy and Process Required.--Not later than October 1,
2021, the Secretary of Defense shall establish and maintain a
policy and process through which any covered person may request
that the person's name, personally identifying information, and
other information pertaining to the person shall, in accordance
with subsection (c), be corrected in, or expunged or otherwise
removed from, the following:
(1) A law enforcement or criminal investigative
report of the Department of Defense or any component of
the Department.
(2) An index item or entry in the Department of
Defense Central Index of Investigations (DCII).
(3) Any other record maintained in connection with
a report described in paragraph (1), or an index item
or entry described in paragraph (2), in any system of
records, records database, records center, or
repository maintained by or on behalf of the
Department.
(b) Covered Persons.--For purposes of this section, a
covered person is any person whose name was placed or reported,
or is maintained--
(1) in the subject or title block of a law
enforcement or criminal investigative report of the
Department of Defense (or any component of the
Department);
(2) as an item or entry in the Department of
Defense Central Index of Investigations; or
(3) in any other record maintained in connection
with a report described in paragraph (1), or an index
item or entry described in paragraph (2), in any system
of records, records database, records center, or
repository maintained by or on behalf of the
Department.
(c) Elements.--The policy and process required by
subsection (a) shall include the following elements:
(1) Basis for correction or expungement.--That the
name, personally identifying information, and other
information of a covered person shall be corrected in,
or expunged or otherwise removed from, a report, item
or entry, or record described in paragraphs (1) through
(3) of subsection (a) in the following circumstances:
(A) Probable cause did not or does not
exist to believe that the offense for which the
person's name was placed or reported, or is
maintained, in such report, item or entry, or
record occurred, or insufficient evidence
existed or exists to determine whether or not
such offense occurred.
(B) Probable cause did not or does not
exist to believe that the person actually
committed the offense for which the person's
name was so placed or reported, or is so
maintained, or insufficient evidence existed or
exists to determine whether or not the person
actually committed such offense.
(C) Such other circumstances, or on such
other bases, as the Secretary may specify in
establishing the policy and process, which
circumstances and bases may not be inconsistent
with the circumstances and bases provided by
subparagraphs (A) and (B).
(2) Considerations.--While not dispositive as to
the existence of a circumstance or basis set forth in
paragraph (1), the following shall be considered in the
determination whether such circumstance or basis
applies to a covered person for purposes of this
section:
(A) The extent or lack of corroborating
evidence against the covered person concerned
with respect to the offense at issue.
(B) Whether adverse administrative,
disciplinary, judicial, or other such action
was initiated against the covered person for
the offense at issue.
(C) The type, nature, and outcome of any
action described in subparagraph (B) against
the covered person.
(3) Procedures.--The policy and process required by
subsection (a) shall include procedures as follows:
(A) Procedures under which a covered person
may appeal a determination of the applicable
component of the Department of Defense denying,
whether in whole or in part, a request for
purposes of subsection (a).
(B) Procedures under which the applicable
component of the Department will correct,
expunge or remove, take other appropriate
action on, or assist a covered person in so
doing, any record maintained by a person,
organization, or entity outside of the
Department to which such component provided,
submitted, or transmitted information about the
covered person, which information has or will
be corrected in, or expunged or removed from,
Department records pursuant to this section.
(C) The timeline pursuant to which the
Department, or a component of the Department,
as applicable, will respond to each of the
following:
(i) A request pursuant to
subsection (a).
(ii) An appeal under the procedures
required by subparagraph (A).
(iii) A request for assistance
under the procedures required by
subparagraph (B).
(D) Mechanisms through which the Department
will keep a covered person apprised of the
progress of the Department on a covered
person's request or appeal as described in
subparagraph (C).
(d) Applicability.--The policy and process required to be
developed by the Secretary under subsection (a) shall not be
subject to the notice and comment rulemaking requirements under
section 553 of title 5, United States Code.
(e) Report.--Not later than October 1, 2021, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the actions taken
to carry out this section, including a comprehensive
description of the policy and process developed and implemented
by the Secretary under subsection (a).
SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA FOR
CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Judge Advocates General
of the Army, the Navy, and the Air Force and the Staff Judge
Advocate to the Commandant of the Marine Corps shall jointly
brief the Committees on Armed Services of the Senate and the
House of Representatives on the mental health support for
vicarious trauma provided to personnel in the military justice
system specified in subsection (b).
(b) Personnel.--The personnel specified in this subsection
are the following:
(1) Court-martial convening authorities who are
members of the Armed Forces.
(2) Trial counsel.
(3) Defense counsel.
(4) Military judges.
(5) Special Victims' Counsel.
(6) Military investigative personnel.
(c) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A description and assessment of the mental
health support for vicarious trauma provided to
personnel in the military justice system specified in
subsection (b), including a description of the support
services available and the support services being used.
(2) A description and assessment of mechanisms to
eliminate or reduce stigma in the pursuit by such
personnel of such mental health support.
(3) An assessment of the feasibility and
advisability of providing such personnel with breaks
between assignments or cases as part of such mental
health support in order to reduce the effects of
vicarious trauma.
(4) A description and assessment of the extent, if
any, to which duty of such personnel on particular
types of cases, or in particular caseloads, contributes
to vicarious trauma, and of the extent, if any, to
which duty on such cases or caseloads has an effect on
retention of such personnel in the Armed Forces.
(5) A description of the extent, if any, to which
such personnel are screened or otherwise assessed for
vicarious trauma before discharge or release from the
Armed Forces.
(6) Such other matters in connection with the
provision of mental health support for vicarious trauma
to such personnel as the Judge Advocates General and
the Staff Judge Advocate jointly consider appropriate.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF RECENT GAO
RECOMMENDATIONS AND STATUTORY REQUIREMENTS ON
ASSESSMENT OF RACIAL, ETHNIC, AND GENDER
DISPARITIES IN THE MILITARY JUSTICE SYSTEM.
(a) Report Required.--The Comptroller General of the United
States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report, in writing,
on a study, conducted by the Comptroller General for purposes
of the report, on the implementation by the Armed Forces of the
following:
(1) The recommendations in the May 2019 report of
the General Accountability Office entitled ``Military
Justice: DOD and the Coast Guard Need to Improve Their
Capabilities to Assess Racial and Gender Disparities''
(GAO-19-344).
(2) Requirements in section 540I(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1369; 10 U.S.C. 810 note),
relating to assessments covered by such
recommendations.
(b) Elements.--The report required by subsection (a) shall
include, for each recommendation and requirement specified in
that subsection, the following:
(1) A description of the actions taken or planned
by the Department of Defense, the military department
concerned, or the Armed Force concerned to implement
such recommendation or requirement.
(2) An assessment of the extent to which the
actions taken to implement such recommendation or
requirement, as described pursuant to paragraph (1),
are effective or meet the intended objective.
(3) Any other matters in connection with such
recommendation or requirement, and the implementation
of such recommendation or requirement by the Armed
Forces, that the Comptroller General considers
appropriate.
(c) Briefings.--Not later than May 1, 2021, the Comptroller
General shall provide the committees referred to in subsection
(a) one or more briefings on the status of the study required
by that subsection, including any preliminary findings and
recommendations of the Comptroller General as a result of the
study as of the date of such briefing.
SEC. 548. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND
DEPENDENTS.
(a) Availability of Legal Assistance at Facilities of
Department of Veterans Affairs.--
(1) In general.--Chapter 59 of title 38, United
States Code, is amended by adding at the end the
following new section:
``Sec. 5906. Availability of legal assistance at Department facilities
``(a) In General.--Not less frequently than three times
each year, the Secretary shall facilitate the provision by a
qualified legal assistance clinic of pro bono legal assistance
described in subsection (c) to eligible individuals at not
fewer than one medical center of the Department of Veterans
Affairs, or such other facility of the Department as the
Secretary considers appropriate, in each State.
``(b) Eligible Individuals.--For purposes of this section,
an eligible individual is--
``(1) any veteran;
``(2) any surviving spouse; or
``(3) any child of a veteran who has died.
``(c) Pro Bono Legal Assistance Described.--The pro bono
legal assistance described in this subsection is the following:
``(1) Legal assistance with any program
administered by the Secretary.
``(2) Legal assistance associated with--
``(A) improving the status of a military
discharge or characterization of service in the
Armed Forces, including through a discharge
review board; or
``(B) seeking a review of a military record
before a board of correction for military or
naval records.
``(3) Such other legal assistance as the
Secretary--
``(A) considers appropriate; and
``(B) determines may be needed by eligible
individuals.
``(d) Limitation on Use of Facilities.--Space in a medical
center or facility designated under subsection (a) shall be
reserved for and may only be used by the following, subject to
review and removal from participation by the Secretary:
``(1) A veterans service organization or other
nonprofit organization.
``(2) A legal assistance clinic associated with an
accredited law school.
``(3) A legal services organization.
``(4) A bar association.
``(5) Such other attorneys and entities as the
Secretary considers appropriate.
``(e) Legal Assistance in Rural Areas.--In carrying out
this section, the Secretary shall ensure that pro bono legal
assistance is provided under subsection (a) in rural areas.
``(f) Definition of Veterans Service Organization.--In this
section, the term `veterans service organization' means any
organization recognized by the Secretary for the representation
of veterans under section 5902 of this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 59 of such title is amended by
adding at the end the following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) Pilot Program to Establish and Support Legal Assistance
Clinics.--
(1) Pilot program required.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall
establish a pilot program to assess the
feasibility and advisability of awarding grants
to eligible entities to establish new legal
assistance clinics, or enhance existing legal
assistance clinics or other pro bono efforts,
for the provision of pro bono legal assistance
described in subsection (c) of section 5906 of
title 38, United States Code, as added by
subsection (a), on a year-round basis to
individuals who served in the Armed Forces,
including individuals who served in a reserve
component of the Armed Forces, and who were
discharged or released therefrom, regardless of
the conditions of such discharge or release, at
locations other than medical centers and
facilities described in subsection (a) of such
section.
(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to limit or
affect--
(i) the provision of pro bono legal
assistance to eligible individuals at
medical centers and facilities of the
Department of Veterans Affairs under
section 5906(a) of title 38, United
States Code, as added by subsection
(a); or
(ii) any other legal assistance
provided pro bono at medical centers or
facilities of the Department as of the
date of the enactment of this Act.
(2) Eligible entities.--For purposes of the pilot
program, an eligible entity is--
(A) a veterans service organization or
other nonprofit organization specifically
focused on assisting veterans;
(B) an entity specifically focused on
assisting veterans and associated with an
accredited law school;
(C) a legal services organization or bar
association; or
(D) such other type of entity as the
Secretary considers appropriate for purposes of
the pilot program.
(3) Locations.--The Secretary shall ensure that at
least one grant is awarded under paragraph (1)(A) to at
least one eligible entity in each State, if the
Secretary determines that there is such an entity in a
State that has applied for, and meets requirements for
the award of, such a grant.
(4) Duration.--The Secretary shall carry out the
pilot program during the five-year period beginning on
the date on which the Secretary establishes the pilot
program.
(5) Application.--An eligible entity seeking a
grant under the pilot program shall submit to the
Secretary an application therefore at such time, in
such manner, and containing such information as the
Secretary may require.
(6) Selection.--The Secretary shall select eligible
entities who submit applications under paragraph (5)
for the award of grants under the pilot program using a
competitive process that takes into account the
following:
(A) Capacity of the applicant entity to
serve veterans and ability of the entity to
provide sound legal advice.
(B) Demonstrated need of the veteran
population the applicant entity would serve.
(C) Demonstrated need of the applicant
entity for assistance from the grants.
(D) Geographic diversity of applicant
entities.
(E) Such other criteria as the Secretary
considers appropriate.
(7) Grantee reports.--Each recipient of a grant
under the pilot program shall, in accordance with such
criteria as the Secretary may establish, submit to the
Secretary a report on the activities of the recipient
and how the grant amounts were used.
(c) Review of Pro Bono Eligibility of Federal Workers.--
(1) In general.--The Secretary of Veterans Affairs
shall, in consultation with the Attorney General and
the Director of the Office of Government Ethics,
conduct a review of the rules and regulations governing
the circumstances under which attorneys employed by the
Federal Government can provide pro bono legal
assistance.
(2) Recommendations.--In conducting the review
required by paragraph (1), the Secretary shall develop
recommendations for such legislative or administrative
action as the Secretary considers appropriate to
facilitate greater participation by Federal employees
in pro bono legal and other volunteer services for
veterans.
(3) Submittal to congress.--Not later than one year
after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress--
(A) the findings of the Secretary with
respect to the review conducted under paragraph
(1); and
(B) the recommendations developed by the
Secretary under paragraph (2).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the status of
the implementation of this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of
Representatives.
(2) Veterans service organization.--The term
``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title
38, United States Code.
SEC. 549. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC
INJURY OR ILLNESS OR DIE WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of
section 305(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3955(a)) is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a
lease described in subsection (b) incurs a
catastrophic injury or illness during a period
of military service or while performing covered
service, during the one-year period beginning
on the date on which the lessee incurs such
injury or illness--
``(i) the lessee may terminate the
lease; or
``(ii) in the case of a lessee who
lacks the mental capacity to contract
or to manage his or her own affairs
(including disbursement of funds
without limitation) due to such injury
or illness, the spouse or dependent of
the lessee may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury
or illness' has the meaning given that
term in section 439(g) of title 37,
United States Code.
``(ii) The term `covered service'
means full-time National Guard duty,
active Guard and Reserve duty, or
inactive-duty training (as such terms
are defined in section 101(d) of title
10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by
striking ``The spouse of the lessee'' and inserting ``The
spouse or dependent of the lessee''.
SEC. 549A. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS.
(a) Guidance Required.--The Secretary of Defense shall
issue guidance that requires each suicide event involving of a
member of a covered Armed Force to be reviewed by a
multidisciplinary board established at the command or
installation level, or by the Chief of the covered Armed Force.
Such guidance shall require that, for each suicide event
reviewed by such a board, the board shall--
(1) clearly define the objective, purpose, and
outcome of the review;
(2) take a multidisciplinary approach to the review
and include, as part of the review process, leaders of
military units, medical and mental health
professionals, and representatives of military criminal
investigative organizations; and
(3) take appropriate steps to protect and share
information obtained from ongoing investigations into
the event (such as medical and law enforcement
reports).
(b) Implementation by Covered Armed Forces.--Not later than
90 days after the date on which the guidance is issued under
subsection (a), the Chiefs of the covered Armed Forces shall
implement the guidance.
(c) Progress Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Secretary in implementing the guidance
required under subsection (a).
(d) Covered Armed Forces Defined.--In this section, the
term ``covered Armed Forces'' means the Army, Navy, Air Force,
Marine Corps, and Space Force.
SEC. 549B. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING OF AND
RESPONSE TO INCIDENTS OF CHILD ABUSE, ADULT CRIMES
AGAINST CHILDREN, AND SERIOUS HARMFUL BEHAVIOR
BETWEEN CHILDREN AND YOUTH INVOLVING MILITARY
DEPENDENTS ON MILITARY INSTALLATIONS.
(a) Improvements Required.--
(1) In general.--The Secretary of Defense shall,
consistent with recommendations of the Comptroller
General of the United States in Government
Accountability Office report GA0-20-110, take actions
in accordance with this section in order to improve the
efforts of the Department of Defense to track and
respond to incidents of serious harm to children
involving dependents of members of the Armed Forces
that occur on military installations (in this section
referred to as ``covered incidents of serious harm to
children'').
(2) Serious harm to children defined.--In this
section, the term ``serious harm to children'' includes
the following:
(A) Caregiver child abuse involving
physical abuse, sexual abuse, emotional abuse,
or neglect.
(B) Non-caregiver adult crimes against
children.
(C) Serious harmful behaviors between
children and youth of a physical, sexual, or
emotional nature.
(b) Data Collection and Tracking of Incidents of Harm to
Children.--
(1) Non-caregiver adult crimes against children.--
The Secretary of Defense shall establish a process for
the Department of Defense to track reported covered
incidents of serious harm to children described in
subsection (a)(2)(B) in which the alleged offender is
an adult who is not a parent, guardian, or someone in a
caregiving role at the time of the incident. The
information so tracked shall comport with the
information tracked by the Department in reported
covered incidents of serious harm to children in which
the alleged offender is a parent, guardian, or someone
in a caregiving role at the time of the incident.
(2) Serious harmful behaviors between children and
youth.--
(A) In general.--The Secretary of Defense
shall develop and maintain in the Department of
Defense a centralized database to track
incidents of serious harmful behaviors between
children and youth described in subsection
(a)(2)(C), including information across the
Department on problematic sexual behavior in
children and youth that are reported to an
appropriate office, as determined by the
Secretary, or investigated by a military
criminal investigative organization, regardless
of whether the alleged offender was another
child, an adult, or someone in a non-caregiving
role at the time of an incident.
(B) Elements.--The centralized database
required by this paragraph shall include, for
each incident within the database, the
following:
(i) Information pertinent to a
determination by the Department on
whether such incident meets the
definition of an incident of serious
harmful behavior between children and
youth.
(ii) The results of any
investigation of such incident by a
military criminal investigative
organization.
(iii) Information on the ultimate
disposition of the incident, if any,
including any administrative or
prosecutorial action taken.
(C) Annual reports on information.--The
information collected and maintained in the
centralized database required by this paragraph
shall be reported on an annual basis as part of
the annual reports by the Secretary on child
abuse and domestic abuse in the military as
required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2141).
(D) Briefings.--Not later than March 31,
2021, and every six months thereafter until the
centralized database required by this paragraph
is fully operational, the Secretary shall brief
the Committees on Armed Services of the Senate
and the House of Representatives on the status
of the database.
(3) Department of defense reporting guidance.--The
Secretary of Defense shall issue guidance regarding
which incidents of serious harmful behavior between
children and youth require reporting to the Family
Advocacy Program, a military criminal investigative
organization, or another component of the Department of
Defense designated by the Secretary.
(c) Response Procedures for Incidents of Serious Harm to
Children Reported to Family Advocacy Programs.--
(1) Incident determination committee membership.--
The Secretary of Defense shall ensure that the voting
membership of each Incident Determination Committee, as
defined in paragraph (7), on a military installation
includes medical personnel with the knowledge and
expertise required to determine whether a reported
incident of serious harm to a child meets the criteria
of the Department of Defense for treatment as child
abuse.
(2) Screening reported incidents of serious harm to
children.--
(A) Development of standardized process.--
The Secretary of Defense shall develop a
standardized process by which the Family
Advocacy Programs of the military departments
screen reported covered incidents of serious
harm to children to determine whether to
present such incident to an Incident
Determination Committee.
(B) Monitoring.--The Secretary of each
military department shall develop a process to
monitor the manner in which reported incidents
of serious harm to children are screened by
each installation under the jurisdiction of
such Secretary in order to ensure that such
screening complies with the standardized
screening process developed pursuant to
subparagraph (A).
(3) Required notifications.--
(A) Documentation.--The Secretary of each
military department shall require that
installation Family Advocacy Programs and
military criminal investigative organizations
under the jurisdiction of such Secretary
document in their respective databases the date
on which they notified the other of a reported
incident of serious harm to a child.
(B) Oversight.--The Secretary of each
military department shall require that the
Family Advocacy Program of such military
department, and the headquarters of the
military criminal investigative organizations
of such military department, develop processes
to oversee the documentation of notifications
required by subparagraph (A) in order to ensure
that such notifications occur on a consistent
basis at installation level.
(4) Certified pediatric sexual assault forensic
examiners.--
(A) Geographic regions for examiners.--The
Secretary of Defense shall specify geographic
regions in which military families reside for
purposes of the availability of and access to
certified pediatric sexual assault examiners in
such regions.
(B) Availability.--The Secretary shall
ensure that--
(i) one or more certified pediatric
sexual assault examiners are located in
each geographic region specified
pursuant to subparagraph (A); and
(ii) examiners so located serve as
certified pediatric sexual assault
examiners throughout such region,
without regard to Armed Force or
installation.
(5) Removal of children from unsafe homes
overseas.--The Secretary of Defense shall issue policy
that clarifies and standardizes across the Armed Forces
the circumstances under which a commander may remove a
child from a potentially unsafe home at an installation
overseas.
(6) Resource guide for victims of serious harm to
children.--
(A) In general.--The Secretary of each
military department shall develop and maintain
a comprehensive guide on resources available
through the Department of Defense and such
military department for military families under
the jurisdiction of such Secretary who are
victims of serious harm to children.
(B) Elements.--Each guide under this
paragraph shall include the following:
(i) Information on the response
processes of the Family Advocacy
Programs and military criminal
investigative organizations of the
military department concerned.
(ii) Lists of available support
services, such as legal, medical, and
victim advocacy services, through the
Department of Defense and the military
department concerned.
(C) Distribution.--A resource guide under
this paragraph shall be presented to a military
family by an installation Family Advocacy
Program and military criminal investigative
personnel when a covered incident of serious
harm to a child involving a child in such
family is reported.
(D) Availability on internet.--A current
version of each resource guide under this
paragraph shall be available to the public on
an Internet website of the military department
concerned available to the public.
(7) Incident determination committee defined.--In
this subsection, the term ``Incident Determination
Committee'' means a committee established at a military
installation that is responsible for reviewing reported
incidents of child abuse and determining whether such
incidents constitute serious harm to children according
to the applicable criteria of the Department of
Defense.
(d) Coordination and Collaboration With Non-military
Resources.--
(1) Consultation with states.--The Secretary of
Defense shall--
(A) continue the outreach efforts of the
Department of Defense to the States in order to
ensure that States are notified when a member
of the Armed Forces or a military dependent is
involved in a reported incident of serious harm
to a child off a military installation; and
(B) increase efforts at information sharing
between the Department and the States on such
incidents of serious harm to children,
including entry into memoranda of understanding
with State child welfare agencies on
information sharing in connection with such
incidents.
(2) Collaboration with national children's
alliance.--
(A) Memoranda of understanding.--The
Secretary of each military department shall
seek to enter into a memorandum of
understanding with the National Children's
Alliance, or similar organization, under
which--
(i) the children's advocacy center
services of the Alliance are available
to all installations in the continental
United States under the jurisdiction of
such Secretary; and
(ii) members of the Armed Forces
under the jurisdiction of such
Secretary are made aware of the nature
and availability of such services.
(B) Participation of certain entities.--
Each memorandum of understanding under this
paragraph shall provide for the appropriate
participation of the Family Advocacy Program
and military criminal investigative
organizations of the military department
concerned in activities under such memorandum
of understanding.
(C) Briefing.--Not later than one year
after the date of the enactment of this Act,
the Secretary of each military department shall
provide to the Committees on Armed Services of
the Senate and the House of Representatives a
briefing on the status of the development of a
memorandum of understanding with the National
Children's Alliance under this paragraph,
together with information on which
installations, if any, under the jurisdiction
of such Secretary have entered into a written
agreement with a local children's advocacy
center with respect to serious harm to children
on such installations.
SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON DOMESTIC
VIOLENCE IN THE ARMED FORCES.
(a) Analysis and Recommendations.--
(1) In general.--The Secretary of Defense shall
seek to enter into a contract or other agreement with
an appropriate entity in the private sector (including
a Federally funded research and development center) for
the conduct of an analysis and the development of
recommendations on means to improve the effectiveness
of the covered Armed Forces in responding to and
preventing domestic violence.
(2) Expertise.--The entity with which the Secretary
enters into a contract or agreement pursuant to this
section shall have expertise in--
(A) scientific and other research relating
to domestic violence; and
(B) science-based strategies for the
prevention, intervention, and response to
domestic violence.
(b) Scope of Analysis and Recommendations.--Under the
contract or agreement entered into pursuant to subsection (a),
the entity concerned shall analyze and develop recommendations
for the Secretary with respect to each of the following:
(1) The risk of domestic violence at various stages
of military service, including identification of--
(A) stages at which there is a higher than
average risk of domestic violence; and
(B) stages at which the implementation of
domestic violence prevention strategies may
have the greatest preventive effect.
(2) The use and dissemination of domestic violence
prevention resources throughout the stages of military
service, including providing new members with training
in domestic violence prevention.
(3) Best practices for the targeting of domestic
violence prevention resources toward those with a
higher risk of domestic violence.
(4) Strategies to prevent domestic violence by
training, educating, and assigning prevention-related
responsibilities to--
(A) commanders;
(B) medical, behavioral, and mental health
service providers;
(C) family advocacy program
representatives;
(D) Military Family Life Consultants; and
(E) other individuals and entities with
responsibilities that may be relevant to
addressing domestic violence.
(5) The efficacy of providing survivors of domestic
violence with the option to request expedited
transfers, and the effects of such transfers.
(6) Improvements to procedures for reporting
appropriate legal actions to the National Crime
Information Center, and the efficacy of such
procedures.
(7) The effects of domestic violence on--
(A) housing for military families;
(B) the education of military dependent
children;
(C) member work assignments and careers;
and
(D) the health of members and their
families, including short-term and long-term
health effects and effects on mental health.
(8) Age-appropriate training and education programs
for students attending schools operated by the
Department of Defense Education Activity that are
designed to assist such students in learning positive
relationship behaviors in families and with intimate
partners.
(9) The potential effects of requiring military
protective orders to be issued by a military judge,
including whether such a requirement would increase the
enforcement of military protective orders by civilian
law enforcement agencies outside the boundaries of
military installations.
(10) Whether prevention of domestic violence would
be enhanced by raising the disposition authority for
offenses of domestic violence to an officer who is--
(A) in grade 0-6 or above;
(B) in the chain of command of the accused;
and
(C) authorized by chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice), to convene special courts
martial.
(11) Means of improving access to resources for
survivors of domestic violence throughout the stages of
military service.
(12) Any other matters the Secretary specifies in
the contract or agreement with respect to--
(A) decreasing the frequency of domestic
violence committed by or upon members of the
covered Armed Forces and their dependents; and
(B) reducing the severity of such violence.
(c) Access to Information and Facilities.--The Secretary
shall provide the entity with which the Secretary contracts or
enters into an agreement pursuant to subsection (a) such access
to information and facilities of the Department of Defense as
the Secretary and the entity jointly consider appropriate for
the analysis and development of recommendations required by the
contract.
(d) Report to Secretary of Defense.--
(1) In general.--The contract or agreement pursuant
to subsection (a) shall require the entity with which
the Secretary contracts or enters into agreement to
submit to the Secretary a report on the analysis
conducted and recommendations developed by the entity
under the contract or agreement by not later than one
year after the date of entry into the contract or
agreement.
(2) Elements.--The report required pursuant to
paragraph (1) shall include the following:
(A) A comprehensive description of the
analysis conducted by the entity concerned
under the contract or agreement.
(B) A list of the recommendations developed
by the entity, including, for each such
recommendation, a justification for such
recommendation.
(C) Such other matters as the Secretary
shall specify in the contract or agreement.
(e) Report to Congress.--
(1) In general.--Not later than 180 days after
receipt of the report required pursuant to subsection
(d), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on means to improve the
effectiveness of the covered Armed Forces in responding
to and preventing domestic violence.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) The report received by the Secretary
pursuant to subsection (d).
(B) For each recommendation included in the
report pursuant to subsection (d) by reason of
paragraph (2)(B) of that subsection--
(i) an assessment by the Secretary
of the feasibility and advisability of
implementing such recommendation; and
(ii) if the Secretary considers the
implementation of such recommendation
feasible and advisable, a description
of the actions taken, or to be taken,
to implement such recommendation.
(C) Such other matters relating to the
improvement of the effectiveness of the covered
Armed Forces in responding to and preventing
domestic violence as the Secretary considers
appropriate in light of the report pursuant to
subsection (d).
(f) Funding.--Of the amount authorized to be appropriated
for fiscal year 2021 for the Department of Defense by section
301 and available for operation and maintenance, Defense wide,
as specified in the funding table in section 4301, $1,000,000
shall be available for contract or agreement entered into
pursuant to subsection (a).
(g) Covered Armed Forces Defined.--In this section, the
term ``covered Armed Forces'' means the Army, the Navy, the Air
Force, and the Marine Corps.
Subtitle F--Diversity and Inclusion
SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND RELATED
MATTERS.
(a) Standard Diversity and Inclusion Metrics and Annual
Report Requirements.--
(1) In general.--Section 113 of title 10, United
States Code, is amended--
(A) in subsection (c)--
(i) by redesignating paragraphs (2)
and (3) as paragraphs (3) and (4),
respectively; and
(ii) by inserting after paragraph
(1) the following new paragraph (2):
``(2) a report from each military department on the
status of diversity and inclusion in such
department;'';
(B) in subsection (g)(1)(B), by inserting
after clause (vi), the following new clause
(vii):
``(vii) Strategic goals related to diversity and
inclusion in the armed forces, and an assessment of
measures of performance related to the efforts of the
armed forces to reflect the diverse population of the
United States eligible to serve in the armed forces.'';
(C) by redesignating subsections (m) and
(n) as subsections (n) and (o), respectively;
and
(D) by inserting after subsection (k) the
following new subsections (l) and (m):
``(l)(1) The Secretary of Defense, in coordination with the
Secretary of the Department in which the Coast Guard is
operating, shall establish metrics to measure--
``(A) efforts to reflect across all grades
comprising the officer and enlisted corps of each armed
force the diverse population of the United States
eligible to serve in the armed forces; and
``(B) the efforts of the armed forces to generate
and maintain a ready military force that will prevail
in war, prevent and deter conflict, defeat adversaries,
and succeed in a wide range of contingencies.
``(2) In implementing the requirement in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of the
Department in which the Coast Guard is operating, shall--
``(A) ensure that data elements, data collection
methodologies, and reporting processes and structures
pertinent to each metric established pursuant to that
paragraph are comparable across the armed forces, to
the extent practicable;
``(B) establish standard classifications that
members of the armed forces may use to self-identify
their gender, race, or ethnicity, which classifications
shall be consistent with Office of Management and
Budget Number Directive 15, entitled `Race and Ethnic
Standards for Federal Statistics and Administrative
Reporting', or any successor directive;
``(C) define conscious and unconscious bias with
respect to matters of diversity and inclusion, and
provide guidance to eliminate such bias;
``(D) conduct a barrier analysis to review
demographic diversity patterns across the military life
cycle, starting with enlistment or accession into the
armed forces, in order to--
``(i) identify barriers to increasing
diversity;
``(ii) develop and implement plans and
processes to resolve or eliminate any barriers
to diversity; and
``(iii) review the progress of the armed
forces in implementing previous plans and
processes to resolve or eliminate barriers to
diversity;
``(E) develop and implement plans and processes to
ensure that advertising and marketing to promote
enlistment or accession into the armed forces is
representative of the diverse population of the United
States eligible to serve in the armed forces; and
``(F) meet annually with the Secretaries of the
military departments, the Chairman of the Joint Chiefs
of Staff, and the Chiefs of Staff of the Armed Forces
to assess progress toward diversity and inclusion
across the armed forces and to elicit recommendations
and advice for enhancing diversity and inclusion in the
armed forces
``(m) Accompanying each national defense strategy provided
to the congressional defense committees in accordance with
subsection (g)(1)(D), the Secretary of Defense, in coordination
with the Secretary of the Department in which the Coast Guard
is operating, shall provide a report that sets forth a detailed
discussion, current as of the preceding fiscal year, of the
following:
``(1) The number of officers and enlisted members
of the armed forces, including the reserve components,
disaggregated by gender, race, and ethnicity, for each
grade in each armed force.
``(2) The number of members of the armed forces,
including the reserve components, who were promoted
during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, for each
grade in each armed force, and of the number so
promoted, the number promoted below, in, and above the
applicable promotion zone.
``(3) The number of members of the armed forces,
including the reserve components, who were enlisted or
accessed into the armed forces during the fiscal year
covered by such report, disaggregated by gender, race,
and ethnicity, in each armed force.
``(4) The number of graduates of each military
service academy during the fiscal year covered by such
report, disaggregated by gender, race, and ethnicity,
for each military department and the United States
Coast Guard.
``(5) The number of members of the armed forces,
including the reserve components, who reenlisted or
otherwise extended a commitment to military service
during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, for each
grade in each armed force.
``(6) An assessment of the pool of officers best
qualified for promotion to grades O-9 and O-10,
disaggregated by gender, race, and ethnicity, in each
military department and the United States Coast Guard.
``(7) Any other matter the Secretary considers
appropriate.''.
(2) Public availability of reports.--Not later than
72 hours after submitting to the congressional defense
committees a report required by subsection (m) of
section 113 of title 10, United States Code (as amended
by paragraph (1)), the Secretary of Defense shall make
the report available on an Internet website of the
Department of Defense available to the public. In so
making a report available, the Secretary shall ensure
that any data included in the report is made available
in a machine-readable format that is downloadable,
searchable, and sortable.
(3) Construction of metrics.--
(A) With merit-based processes.--Any metric
established pursuant to subsection (l) of
section 113 of title 10, United States Code (as
so amended), may not be used in a manner that
undermines the merit-based processes of the
Department of Defense and the Coast Guard,
including such processes for accession,
retention, and promotion.
(B) With other matters.--Any such metric
may not be used to identify or specify specific
quotas based upon diversity characteristics.
The Secretary concerned shall continue to
account for diversified language and cultural
skills among the total force of the Armed
Forces.
(4) Repeal of superseded reporting requirement.--
Section 115a of title 10, United States Code, is
amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as
subsection (g).
(b) Requirement to Consider All Best Qualified Officers for
Promotion to O-9 and O-10 Grades.--
(1) In general.--Section 601 of title 10, United
States Code, is amended by adding at the end the
following new subsection:
``(e) Prior to making a recommendation to the Secretary of
Defense for the nomination of an officer for appointment to a
position of importance and responsibility under this section,
which appointment would result in the initial appointment of
the officer concerned in the grade of lieutenant general or
general in the Army, Air Force, or Marine Corps, vice admiral
or admiral in the Navy, or the commensurate grades in the Space
Force, the Secretary concerned shall consider all officers
determined to be among the best qualified for such position.''.
(2) Coast guard.--Section 305(a) of title 14,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) Prior to making a recommendation to the President for
the nomination of an officer for appointment to a position of
importance and responsibility under this section, which
appointment would result in the initial appointment of the
officer concerned in the grade of vice admiral, the Commandant
shall consider all officers determined to be among the best
qualified for such position.''.
(c) Report on Findings of Defense Board on Diversity and
Inclusion in the Military.--
(1) In general.--Upon the completion by the Defense
Board on Diversity and Inclusion in the Military of its
report on actionable recommendations to increase
diversity and ensure equal opportunity across all
grades of the Armed Forces, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
report of the Defense Board, including the findings and
recommendations of the Defense Board.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A comprehensive description of the
findings and recommendations of the Defense
Board in its report referred to in paragraph
(1).
(B) A comprehensive description of any
actionable recommendations of the Defense Board
in its report.
(C) A description of the actions proposed
to be undertaken by the Secretary in connection
with such recommendations, and a timeline for
implementation of such actions.
(D) Any data used by the Defense Board and
in the development of its findings and
recommendations.
(E) A description of the resources used by
the Defense Board for its report, and a
description and assessment of any shortfalls in
such resources for purposes of the Defense
Board.
(d) Defense Advisory Committee on Diversity and Inclusion
in the Armed Forces Matters.--
(1) Report.--At the same time the Secretary of
Defense submits the report required by subsection (c),
the Secretary shall also submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the Defense Advisory
Committee on Diversity and Inclusion in the Armed
Forces.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) The mission statement or purpose of the
Advisory Committee, and any proposed objectives
and goals of the Advisory Committee.
(B) A description of current members of the
Advisory Committee and the criteria used for
selecting members.
(C) A description of the duties and scope
of activities of the Advisory Committee.
(D) The reporting structure of the Advisory
Committee.
(E) An estimate of the annual operating
costs and staff years of the Advisory
Committee.
(F) An estimate of the number and frequency
of meetings of the Advisory Committee.
(G) Any subcommittees, established or
proposed, that would support the Advisory
Committee.
(3) Notice and wait on dissolution.--The Secretary
may not dissolve the Defense Advisory Committee on
Diversity and Inclusion in the Armed Forces until 60
days after the date on which the Secretary submits to
the committees of Congress specified in paragraph (1) a
notice on the dissolution of the Advisory Committee.
SEC. 552. NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH
RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED
FORCES.
(a) Members of Regular and Reserve Components.--Subsection
(d) of section 481 of title 10, United States Code, is amended
to read as follows:
``(d) When Surveys Required.--(1) The Armed Forces
Workplace and Gender Relations Surveys of the Active Duty and
the Armed Forces Workplace and Gender Relations Survey of the
Reserve Components shall each be conducted once every two
years. The surveys may be conducted within the same year or in
two separate years, and shall be conducted in a manner designed
to reduce the burden of the surveys on members of the armed
forces.
``(2) The two Armed Forces Workplace and Equal Opportunity
Surveys shall be conducted at least once every four years. The
surveys may be conducted within the same year or in two
separate years, and shall be conducted in a manner designed to
reduce the burden of the surveys on members of the armed
forces.
``(3)(A) The Secretary of Defense may postpone the conduct
of a survey under this section if the Secretary determines that
conducting such survey is not practicable due to a war or
national emergency declared by the President or Congress.
``(B) The Secretary shall ensure that a survey postponed
under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency
concerned, or earlier if the Secretary determines appropriate.
``(C) The Secretary shall notify Congress of a
determination under subparagraph (A) not later than 30 days
after the date on which the Secretary makes such
determination.''.
(b) Cadets and Midshipmen.--
(1) United states military academy.--Section
7461(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary
determines that conducting such assessment is not practicable
due to a war or national emergency declared by the President or
Congress.
``(B) The Secretary of Defense shall ensure that an
assessment postponed under subparagraph (A) is conducted as
soon as practicable after the end of the period of war or
national emergency concerned, or earlier if the Secretary
determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days
after the date on which the Secretary makes such
determination.''.
(2) United states naval academy.--Section 8480(c)
of such title is amended by adding at the end the
following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary
determines that conducting such assessment is not practicable
due to a war or national emergency declared by the President or
Congress.
``(B) The Secretary of Defense shall ensure that an
assessment postponed under subparagraph (A) is conducted as
soon as practicable after the end of the period of war or
national emergency concerned, or earlier if the Secretary
determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days
after the date on which the Secretary makes such
determination.''.
(3) United states air force academy.--Section
9461(c) of such title is amended by adding at the end
the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary
determines that conducting such assessment is not practicable
due to a war or national emergency declared by the President or
Congress.
``(B) The Secretary of Defense shall ensure that an
assessment postponed under subparagraph (A) is conducted as
soon as practicable after the end of the period of war or
national emergency concerned, or earlier if the Secretary
determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days
after the date on which the Secretary makes such
determination.''.
(c) Department of Defense Civilian Employees.--Section 481a
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(d) Postponement.--(1) The Secretary of Defense may
postpone the conduct of a survey under this section if the
Secretary determines that conducting such survey is not
practicable due to a war or national emergency declared by the
President or Congress.
``(2) The Secretary shall ensure that a survey postponed
under paragraph (1) is conducted as soon as practicable after
the end of the period of war or national emergency concerned,
or earlier if the Secretary determines appropriate.
``(3) The Secretary shall notify Congress of a
determination under paragraph (1) not later than 30 days after
the date on which the Secretary makes such determination.''.
SEC. 553. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND SUPREMACISM IN
WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF
DEFENSE.
Section 593 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``(a) Questions Required.--''
before ``The Secretary'';
(2) in paragraph (1), by inserting ``, racist,
anti-Semitic, or supremacist'' after ``extremist''; and
(3) by adding at the end the following new
subsection:
``(b) Briefing.--Not later than March 1, 2021, the
Secretary shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing
including--
``(1) the text of the questions included in surveys
under subsection (a); and
``(2) which surveys include such questions.''.
SEC. 554. INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND INCLUSION IN
DEPARTMENT OF DEFENSE; SUPREMACIST, EXTREMIST, OR
CRIMINAL GANG ACTIVITY IN THE ARMED FORCES.
(a) Establishment of Additional Deputy Inspector General of
the Department of Defense.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall appoint, in the Office of the Inspector
General of the Department of Defense, an additional
Deputy Inspector General who--
(A) shall be a member of the Senior
Executive Service of the Department; and
(B) shall report directly to and serve
under the authority, direction, and control of
the Inspector General.
(2) Duties.--Subject to the Inspector General Act
of 1978 (Public Law 95-452; 5 U.S.C. App.), the Deputy
Inspector General shall have the following duties:
(A) Conducting and supervising audits,
investigations, and evaluations of policies,
programs, systems, and processes of the
Department--
(i) to determine the effect of such
policies, programs, systems, and
processes regarding personnel on
diversity and inclusion in the
Department; and
(ii) to prevent and respond to
supremacist, extremist, and criminal
gang activity of a member of the Armed
Forces, including the duties of the
Inspector General under subsection (b).
(B) Additional duties prescribed by the
Secretary or Inspector General.
(3) Coordination of efforts.--In carrying out the
duties under paragraph (2), the Deputy Inspector
General shall coordinate with, and receive the
cooperation of the following:
(A) The Inspector General of the Army.
(B) The Inspector General of the Navy.
(C) The Inspector General of the Air Force.
(D) The other Deputy Inspectors General of
the Department.
(4) Reports.--
(A) One-time report.--Not later than 180
days after the date of the enactment of this
Act, the Inspector General shall submit to the
Committees on Armed Services of the Senate and
the House of Representatives a report
describing, with respect to the Deputy
Inspector General appointed under this
subsection:
(i) the duties and responsibilities
to be assigned to such Deputy Inspector
General;
(ii) the organization, structure,
staffing, and funding of the office
established to support such Deputy
Inspector General in the execution of
such duties and responsibilities;
(iii) challenges to the
establishment of such Deputy Inspector
General and such office, including any
shortfalls in personnel and funding;
and
(iv) the date by which the
Inspector General expects such Deputy
Inspector General and the office will
reach full operational capability.
(B) Semiannual reports.--Not later than 30
days after the end of the second and fourth
quarters of each fiscal year beginning in
fiscal year 2022, the Deputy Inspector General
shall submit to the Secretary and the Inspector
General a report including a summary of the
activities of the Deputy Inspector General
during the two fiscal quarters preceding the
date of the report.
(C) Annual reports.--The Deputy Inspector
General shall submit, through the Secretary and
Inspector General, to the Committees on Armed
Services of the Senate and the House of
Representatives annual reports presenting
findings and recommendations regarding--
(i) the effects of policies,
programs, systems, and processes of the
Department, regarding personnel, on
diversity and inclusion in the
Department; and
(ii) the effectiveness of such
policies, programs, systems, and
processes in preventing and responding
to supremacist, extremist, and criminal
gang activity of a member of the Armed
Forces.
(D) Occasional reports.--The Deputy
Inspector General shall, from time to time,
submit to the Secretary and the Inspector
General additional reports as the Secretary or
Inspector General may direct.
(E) Online publication.--The Deputy
Inspector General shall publish each report
under this paragraph on a publicly accessible
website of the Department not later than 21
days after submitting such report to the
Secretary, Inspector General, or the Committees
on Armed Services of the Senate and the House
of Representatives.
(b) Establishment of Standard Policies, Processes, Tracking
Mechanisms, and Reporting Requirements for Supremacist,
Extremist, and Criminal Gang Activity in Certain Armed
Forces.--
(1) In general.--The Secretary of Defense shall
establish policies, processes, and mechanisms, standard
across the covered Armed Forces, that ensure that--
(A) all allegations (and related
information) that a member of a covered Armed
Force has engaged in a prohibited activity, are
referred to the Inspector General of the
Department of Defense;
(B) the Inspector General can document and
track the referral, for purposes of an
investigation or inquiry of an allegation
described in paragraph (1), to--
(i) a military criminal
investigative organization;
(ii) an inspector general;
(iii) a military police or security
police organization;
(iv) a military commander;
(v) another organization or
official of the Department; or
(vi) a civilian law enforcement
organization or official;
(C) the Inspector General can document and
track the referral, to a military commander or
other appropriate authority, of the final
report of an investigation or inquiry described
in subparagraph (B) for action;
(D) the Inspector General can document the
determination of whether a member described in
subparagraph (A) engaged in prohibited
activity;
(E) the Inspector General can document
whether a member of a covered Armed Force was
subject to action (including judicial,
disciplinary, adverse, or corrective
administrative action) or no action, as the
case may be, based on a determination described
in subparagraph (D); and
(F) the Inspector General can provide, or
track the referral to a civilian law
enforcement agency of, any information
described in this paragraph.
(2) Report.--Not later than December 1 of each year
beginning after the date of the enactment of this Act,
the Secretary of Defense shall submit to the
appropriate congressional committees a report on the
policies, processes, and mechanisms implemented under
paragraph (1). Each report shall include, with respect
to the fiscal year preceding the date of the report,
the following:
(A) The total number of referrals received
by the Inspector General under paragraph
(1)(A);
(B) The total number of investigations and
inquiries conducted pursuant to a referral
described in paragraph (1)(B);
(C) The total number of members of a
covered Armed Force who, on the basis of
determinations described in paragraph (1)(D)
that the members engaged in prohibited
activity, were subject to action described in
paragraph (1)(E), including--
(i) court-martial,
(ii) other criminal prosecution,
(iii) non-judicial punishment under
Article 15 of the Uniform Code of
Military Justice; or
(iv) administrative action,
including involuntary discharge from
the Armed Forces, a denial of
reenlistment, or counseling.
(D) The total number of members of a
covered Armed Force described in paragraph
(1)(A) who were not subject to action described
in paragraph (1)(E), notwithstanding
determinations described in paragraph (1)(D)
that such members engaged in prohibited
activity.
(E) The total number of referrals described
in paragraph (1)(F).
(3) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means--
(i) the Committee on the Judiciary
and the Committee on Armed Services of
the Senate; and
(ii) the Committee on the Judiciary
and the Committee on Armed Services of
the House of Representatives.
(B) The term ``covered Armed Force'' means
an Armed Force under the jurisdiction of the
Secretary of a military department.
(C) The term ``prohibited activity'' means
an activity prohibited under Department of
Defense Instruction 1325.06, titled ``Handling
Dissident and Protest Activities Among Members
of the Armed Forces'', or any successor
instruction.
SEC. 555. POLICY TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY
CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall develop a policy to ensure that the career of a member of
the Armed Forces is not unduly affected because the member is a
covered member. The policy shall address the following:
(1) Enforcement and implementation of the
applicable requirements of the Pregnancy Discrimination
Act (Public Law 95-555; 42 U.S.C. 2000e(k)).
(2) The need for individual determinations
regarding the ability of members of the Armed Forces to
serve during and after pregnancy.
(3) Responses to the effects specific to covered
members who reintegrate into home life after
deployment.
(4) Education and training on pregnancy
discrimination to diminish stigma, stereotypes, and
negative perceptions regarding covered members,
including with regards to commitment to the Armed
Forces and abilities.
(5) Opportunities to maintain readiness when
positions are unfilled due to pregnancy, medical
conditions arising from pregnancy or childbirth,
pregnancy convalescence, or parental leave.
(6) Reasonable accommodations for covered members
in general and specific accommodations based on career
field or military occupational specialty.
(7) Consideration of deferments at military
educational institutions for covered members.
(8) Extended assignments and performance reporting
periods for covered members.
(9) A mechanism by which covered members may report
harassment or discrimination, including retaliation,
relating to being a covered member.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
(1) a briefing summarizing the policy developed
under this section; and
(2) a copy of the policy.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of
an Armed Force under the jurisdiction of the Secretary
of a military department who--
(A) is pregnant;
(B) gives birth to a child; or
(C) incurs a medical condition arising from
pregnancy or childbirth.
(2) The term ``military educational institution''
means a postsecondary educational institution
established within the Department of Defense.
SEC. 556. TRAINING ON CERTAIN DEPARTMENT OF DEFENSE INSTRUCTIONS FOR
MEMBERS OF THE ARMED FORCES.
In accordance with Department of Defense Instruction
1300.17, dated September 1, 2020, and applicable law, the
Secretary of Defense shall implement training on relevant
Federal statutes, Department of Defense Instructions, and the
regulations of each military department, including the
responsibility of commanders to maintain good order and
discipline.
SEC. 557. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN
UNITS OF THE ARMED FORCES.
(a) Study Required.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Personnel and Readiness shall seek to
enter into an agreement with a federally funded
research and development center with relevant expertise
to conduct an evaluation of the barriers to minority
participation in covered units of the Armed Forces.
(2) Elements.--The evaluation required under
paragraph (1) shall include the following elements:
(A) A description of the racial, ethnic,
and gender composition of covered units.
(B) A comparison of the participation rates
of minority populations in covered units to
participation rates of the general population
as members and as officers of the Armed Forces.
(C) A comparison of the percentage of
minority officers in the grade of O-7 or higher
who have served in each covered unit to such
percentage for all such officers in the Armed
Force of that covered unit.
(D) An identification of barriers to
minority (including English language learners)
participation in the recruitment, accession,
assessment, and training processes.
(E) The status and effectiveness of the
response to the recommendations contained in
the report of the RAND Corporation titled
``Barriers to Minority Participation in Special
Operations Forces'' and any follow-up
recommendations.
(F) Recommendations to increase the numbers
of minority officers in the Armed Forces.
(G) Recommendations to increase minority
participation in covered units.
(H) Any other matters the Secretary
determines appropriate.
(3) Report to congress.--The Secretary shall--
(A) submit to the congressional defense
committees a report on the results of the study
by not later than January 1, 2022; and
(B) provide interim briefings to such
committees upon request.
(b) Designation.--The study conducted under subsection (a)
shall be known as the ``Study on Reducing Barriers to Minority
Participation in Elite Units in the Armed Services''.
(c) Implementation Required.--
(1) In general.--Except as provided in paragraph
(2), not later than March 1, 2023, the Secretary of
Defense shall commence the implementation of each
recommendation included in the final report submitted
under subsection (a)(3).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary
of Defense may commence implementation of a
recommendation described paragraph (1) later
than March 1, 2023, if--
(i) the Secretary submits to the
congressional defense committees, not
later than January 1, 2023, written
notice of the intent of the Secretary
to delay implementation of the
recommendation; and
(ii) includes, as part of such
notice, a specific justification for
the delay in implementing the
recommendation.
(B) Nonimplementation.--The Secretary of
Defense may elect not to implement a
recommendation described in paragraph (1), if--
(i) the Secretary submits to the
congressional defense committees, not
later than January 1, 2023, written
notice of the intent of the Secretary
not to implement the recommendation;
and
(ii) includes, as part of such
notice--
(I) the reasons for the
Secretary's decision not to
implement the recommendation;
and
(II) a summary of
alternative actions the
Secretary will carry out to
address the purposes underlying
the recommendation.
(3) Implementation plan.--For each recommendation
that the Secretary implements under this subsection,
the Secretary shall submit to the congressional defense
committees an implementation plan that includes--
(A) a summary of actions the Secretary has
carried out, or intends to carry out, to
implement the recommendation; and
(B) a schedule, with specific milestones,
for completing the implementation of the
recommendation.
(d) Covered Units Defined.--In this section, the term
``covered units'' means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.
(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary
of Defense as special operations forces.
(11) Pilot and navigator military occupational
specialties.
SEC. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON EQUAL
OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report that the following:
(1) The aggregate number of equal opportunity
claims filed with respect to each military service
academy during 2019 and 2020.
(2) Of the number of claims specified pursuant to
paragraph (1) for each military service academy, the
number of such claims that were substantiated.
(3) The results of any completed climate survey of
cadets or midshipmen, as applicable, conducted by each
military service academy, and any authorized
organization external to such military service academy,
during the two-year period ending on December 31, 2020
(or such longer period the Comptroller General
determines appropriate).
(4) An analysis of the data reported pursuant to
paragraphs (1) through (3), an assessment whether the
data indicates one or more trends in equal opportunity
at the military service academies, and, if so, a
description and assessment of each such trend.
(5) A description and assessment of the Equal
Opportunity programs and other programs to improve the
climate of each military service academy, based on
matters raised by equal opportunity claims, climate
surveys, and such other evidence or assessments the
Comptroller General determines appropriate, including
an assessment whether such programs address trends
identified pursuant to the analysis conducted for
purposes of paragraph (4).
Subtitle G--Decorations and Awards
SEC. 561. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS.
(a) In General.--Section 584(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1281) is amended by striking ``five'' and inserting
``six''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if enacted on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1281).
SEC. 562. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Distinguished-Service Cross to Ramiro F. Olivo for Acts
of Valor During the Vietnam War.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Distinguished-Service Cross under section 7272 of
such title to Ramiro F. Olivo for the acts of valor
described in paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Ramiro
F. Olivo on May 9, 1968, as a member of the Army
serving in the Republic of Vietnam.
(b) Medal of Honor to Ralph Puckett, Jr., for Acts of Valor
During the Korean War.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7271 of such title to
Ralph Puckett, Jr. for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Ralph
Puckett, Jr. on November 25 and 26, 1950, as a member
of the Army serving in Korea, for which he was awarded
the Distinguished-Service Cross.
(c) Medal of Honor to Dwight M. Birdwell for Acts of Valor
During the Vietnam War.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7271 of such title to
Dwight M. Birdwell for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Dwight
M. Birdwell on January 31, 1968, as a member of the
Army serving in the Republic of Vietnam, for which he
was awarded the Silver Star.
(d) Medal of Honor to Alwyn C. Cashe for Acts of Valor
During Operation Iraqi Freedom.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7271 of such title to
Alwyn C. Cashe for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Alwyn C.
Cashe on October 17, 2005, as a member of the Army
serving in Iraq in support of Operation Iraqi Freedom,
for which he was posthumously awarded the Silver Star.
(e) Medal of Honor to Earl D. Plumlee for Acts of Valor
During Operation Enduring Freedom.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7271 of such title to
Earl D. Plumlee for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Earl D.
Plumlee on August 28. 2013, as a member of the Army
serving in Afghanistan in support of Operation Enduring
Freedom, for which he was awarded the Silver Star.
SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL FOR
RADIATION-EXPOSED VETERANS.
(a) Study Required; Report.--Not later than May 1, 2021,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the results of a study assessing the
feasibility of establishing a service medal to award to
radiation-exposed veterans.
(b) Elements.--The report shall contain the following:
(1) An analysis of how the decorations and awards
of the Department of Defense have been updated to
reflect the nature of military service across
generations and conflicts.
(2) An assessment of the conditions of service of
radiation-exposed veterans.
(3) Any plan of the Secretary to recognize (by
means of a decoration or award) current, retired, or
former members of the Armed Forces exposed to toxic
materials or environments in the course of military
service, including radiation-exposed veterans.
(4) An assessment of the feasibility of
establishing an atomic veterans service device to be
added to the National Defense Service Medal or another
appropriate medal.
(5) A determination of the direct or indirect costs
to the Department that would arise from the
establishment of such a device or other appropriate
medal.
(6) Any other element the Secretary determines
appropriate.
(c) Meeting Required.--In the course of the feasibility
study, the Secretary shall hold no fewer than one meeting with
representatives of organizations that advocate for radiation-
exposed veterans (including leadership of the National
Association of Atomic Veterans, Inc.) to discuss the study and
to work with such organizations on steps towards a mutually
agreeable and timely recognition of the valued service of
radiation-exposed veterans.
(d) Radiation-exposed Veteran Defined.--In this section,
the term ``radiation-exposed veteran'' has the meaning given
that term in section 1112 of title 38, United States Code.
SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER STAR SERVICE
BANNER DAY.
Congress supports the designation of a ``Silver Star
Service Banner Day'' and recommends that the President issues
each year a proclamation calling on the people of the United
States to observe Silver Star Service Banner Day with
appropriate programs, ceremonies, and activities.
Subtitle H--Member Education, Training, Transition, and Resilience
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.
``(C) Mentoring and counseling during
opportunities under subparagraph (B) consisting
of the following:
``(i) Information on officer
retention and promotion rates in each
grade, branch, specialty, and community
of the armed force concerned, including
the rate at which officers in each
branch, specialty, or community of such
armed force are promoted to a grade
above O-6.
``(ii) Information on career and
service pathways, including service in
the reserve components.
``(iii) Such other information as
may be required to optimize the ability
of an officer to make informed career
decisions through the officer's
military career.''.
(2) Performance metrics.--Subsection (c) of such
section, as redesignated by paragraph (1)(A), is
amended--
(A) in the subsection heading, by inserting
``and Mentoring and Career Counseling Program''
after ``Developing and Implementing Plan''; and
(B) by inserting ``and the mentoring and
career counseling program under subsection
(b)'' after ``the plan under subsection (a)''.
(3) Conforming and clerical amendments.--
(A) Heading amendment.--The heading of such
section is amended to read as follows:
``Sec. 656. Diversity in military leadership: plan; mentoring and
career counseling program''.
(B) Table of sections.--The table of
sections at the beginning of chapter 37 of such
title is amended by striking the item relating
to section 656 and inserting the following new
item:
``656. Diversity in military leadership: plan; mentoring and career
counseling program.''.
(b) Report.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Secretary of
the Department in which the Coast Guard is operating,
submit to the appropriate committees of Congress a
report on the mentoring and career counseling program
established pursuant to subsection (b) of section 656
of title 10, United States Code (as amended by
subsection (a)).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) A description of the manner in which
each Armed Force will implement the mentoring
and counseling program,
(B) A description of the metrics that will
be used to measure progress in developing and
implementing the mentoring and career
counseling program.
(C) For each Armed Force, an explanation
whether the mentoring and career counseling
program will be carried out as part of another
program of such Armed Force or through the
establishment of a separate subprogram or
subprograms of such Armed Force.
(D) A description of the additional
resources, if any, that will be required to
implement the mentoring and career counseling
program, including the specific number of
additional personnel authorizations that will
be required to staff the program.
(E) Such other information on the mentoring
and career counseling program as the Secretary
of Defense and the Secretary of the Department
in which the Coast Guard is operating consider
appropriate.
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 572. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST GUARD.
Section 1143(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``of a military
department'' and inserting ``concerned'';
(2) in paragraph (3), by striking ``of the military
department''; and
(3) in paragraph (4), by striking ``of Defense''
and inserting ``concerned''.
SEC. 573. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
STATES AIR FORCE ACADEMY.
Section 9431(b)(4) of title 10, United States Code, is
amended by striking ``23'' and inserting ``25''.
SEC. 574. ADDITIONAL ELEMENTS WITH 2021 AND 2022 CERTIFICATIONS ON THE
READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.
(a) Additional Elements With 2021 Certifications.--In
submitting to Congress in 2021 the certifications required by
section 545 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1396; 10 U.S.C.
8431 note prec.), relating to the Ready, Relevant Learning
initiative of the Navy, the Secretary of the Navy shall also
submit each of the following:
(1) A framework for a life cycle sustainment plan
for the Ready, Relevant Learning initiative meeting the
requirements in subsection (b).
(2) A report on the use of readiness assessment
teams in training addressing the elements specified in
subsection (c).
(b) Life Cycle Sustainment Plan Framework.--The framework
for a life cycle sustainment plan required by subsection (a)(1)
shall address each of the following:
(1) Product support management.
(2) Supply support.
(3) Packaging, handling, storage, and
transportation.
(4) Maintenance planning and management.
(5) Design interface.
(6) Sustainment engineering.
(7) Technical data.
(8) Computer resources.
(9) Facilities and infrastructure.
(10) Manpower and personnel.
(11) Support equipment.
(12) Training and training support.
(13) Course content and relevance.
(14) Governance, including the acquisition and
program management structure.
(15) Such other elements in the life cycle
sustainment of the Ready, Relevant Learning initiative
as the Secretary considers appropriate.
(c) Report on Use of Readiness Assessment Teams.--The
report required by subsection (a)(2) shall set forth the
following:
(1) A description and assessment of the extent to
which the Navy is currently using Engineering Readiness
Assessment Teams and Combat Systems Readiness
Assessment Teams to conduct unit-level training and
assistance in each capacity as follows:
(A) To augment non-Ready, Relevant Learning
initiative training.
(B) As part of Ready, Relevant Learning
initiative training.
(C) To train students on legacy, obsolete,
one of a kind, or unique systems that are still
widely used by the Navy.
(D) To train students on military-specific
systems that are not found in the commercial
maritime world.
(2) A description and assessment of potential
benefits, and anticipated timelines and costs, in
expanding Engineering Readiness Assessment Team and
Combat Systems Readiness Assessment Team training in
the capacities specified in paragraph (1).
(3) Such other matters in connection with the use
of readiness assessment teams in connection with the
Ready, Relevant Learning initiative as the Secretary
considers appropriate.
(d) Life Cycle Sustainment Plan With 2022 Certifications.--
In submitting to Congress in 2022 the certifications required
by section 545 of the National Defense Authorization Act for
Fiscal Year 2018, the Secretary shall also submit the approved
life cycle sustainment plan for the Ready, Relevant Learning
initiative of the Navy, based on the framework for the plan
developed for purposes of subsection (a)(1).
SEC. 575. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY
SERVICE ACADEMIES.
(a) Nominations Portal.--
(1) In general.--Not later than two years after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Superintendents of
the military service academies, shall ensure that there
is a uniform online portal for all military service
academies that enables Members of Congress and other
nominating sources to nominate individuals for
appointment to each academy through a secure website.
(2) Information collection and reporting.--The
online portal established under paragraph (1) shall
have the ability to--
(A) collect, from each nominating source,
the demographic information described in
subsection (b) for each individual nominated to
attend a military service academy; and
(B) collect the information required to be
included in each annual report of the Secretary
under subsection (c) in a manner that enables
the Secretary to automatically compile such
information when preparing the report.
(3) Availability of information.--The portal shall
allow Members of Congress, other nominating sources,
and their designees to view their past nomination
records for all application cycles.
(b) Standard Classifications for Collection of Demographic
Data.--
(1) Standards required.--The Secretary, in
consultation with the Superintendents of the military
service academies, shall establish standard
classifications that cadets, midshipmen, and applicants
to the academies may use to report gender, race, and
ethnicity and to provide other demographic information
in connection with admission to or enrollment in an
academy.
(2) Consistency with omb guidance.--The standard
classifications established under paragraph (1) shall
be consistent with the standard classifications
specified in Office of Management and Budget Directive
No. 15 (pertaining to race and ethnic standards for
Federal statistics and administrative reporting) or any
successor directive.
(3) Incorporation into applications and records.--
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall incorporate the
standard classifications established under paragraph
(1) into--
(A) applications for admission to the
military service academies; and
(B) the military personnel records of
cadets and midshipmen enrolled in such
academies.
(c) Annual Report on the Demographics Military Service
Academy Applicants.--
(1) Report required.--Not later than September 30
of each year beginning after the establishment of the
online portal, the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the demographics
of applicants to military service academies for the
most recently concluded application year.
(2) Elements.--Each report under paragraph (1)
shall include, with respect to each military service
academy, the following:
(A) The number of individuals who submitted
an application for admission to the academy in
the application year covered by the report.
(B) Of the individuals who submitted an
application for admission to the academy in
such year--
(i) the overall demographics of
applicant pool, disaggregated by the
classifications established under
subsection (b);
(ii) the number and percentage who
received a nomination, disaggregated by
the classifications established under
subsection (b);
(iii) the number and percentage who
received an offer for appointment to
the academy, disaggregated by the
classifications established under
subsection (b); and
(iv) the number and percentage who
accepted an appointment to the academy,
disaggregated by the classifications
established under subsection (b).
(3) Consultation.--In preparing each report under
paragraph (1), the Secretary shall consult with the
Superintendents of the military service academies.
(4) Availability of reports and data.--The
Secretary shall--
(A) make the results of each report under
paragraph (1) available on a publicly
accessible website of the Department of
Defense; and
(B) ensure that any data included with the
report is made available in a machine-readable
format that is downloadable, searchable, and
sortable.
(d) Definitions.--In this section:
(1) The term ``application year'' means the period
beginning on January 1 of one year and ending on June 1
of the following year.
(2) The term ``machine-readable'' has the meaning
given that term in section 3502(18) of title 44, United
States Code.
(3) The term ``military service academy'' means--
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.
SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY
EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than December 1, 2021, the
Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment,
obtained by the Secretary for purposes of the report, of the
potential effects on the military education provided by the
educational institutions of the Department of Defense specified
in subsection (b) of the actions described in subsection (c).
(b) Educational Institutions of the Department of
Defense.--The educational institutions of the Department of
Defense specified in this subsection are the following:
(1) The senior level service schools and
intermediate level service schools (as such terms are
defined in section 2151(b) of title 10, United States
Code).
(2) The Air Force Institute of Technology.
(3) The National Defense University.
(4) The Joint Special Operations University.
(5) The Army Armament Graduate School.
(6) Any other military educational institution of
the Department specified by the Secretary for purposes
of this section.
(c) Actions.--The actions described in this subsection with
respect to the educational institutions of the Department of
Defense specified in subsection (b) are the following:
(1) Modification of admission and graduation
requirements.
(2) Expansion of use of case studies in curricula
for professional military education.
(3) Reduction or expansion of degree-granting
authority.
(4) Reduction or expansion of the acceptance of
research grants.
(5) Reduction or expansion of the number of
attending students generally.
(6) Modification of military personnel career
milestones in order to prioritize instructor positions.
(7) Increase in educational and performance
requirements for military personnel selected to be
instructors.
(8) Expansion of visiting or adjunct faculty.
(9) Modification of civilian faculty management
practices, including employment practices.
(10) Reduction of the number of attending students
through the sponsoring of education of an increased
number of students at non-Department of Defense
institutions of higher education.
(d) Additional Elements.--In addition to the matters
described in subsection (a), the review and report under this
section shall also include the following:
(1) A consolidated summary that lists all
components of the professional military education
enterprise of the Department of Defense, including all
associated schools, programs, research centers, and
support activities.
(2) For each component identified under paragraph
(1), the assigned personnel strength, annual student
throughput, and budget details of the three fiscal
years preceding the date of the report.
(3) An assessment of the differences between
admission standards and graduation requirements of the
educational institutions of the Department of Defense
specified in subsection (b) and such admission
standards and graduation requirements of public and
private institutions of higher education that the
Secretary determines comparable to the educational
institutions of the Department of Defense.
(4) An assessment of the requirements of the goals
and missions of the educational institutions of the
Department of Defense specified in subsection (b) and
any need to adjust such goals and missions to meet
national security requirements of the Department.
(5) An assessment of the effectiveness and
shortfalls of the existing professional military
education enterprise as measured against graduate
utilization, post-graduate evaluations, and the
education and force development requirements of the
Chairman of the Joint Chiefs of Staff and the Chiefs of
the Armed Forces.
(6) Any other matters the Secretary determines
appropriate for purposes of this section.
SEC. 577. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE NATIONAL
DEFENSE UNIVERSITY.
(a) Prohibition.--The Secretary of Defense may not
eliminate, divest, downsize, or reorganize the College of
International Security Affairs, nor its satellite program, the
Joint Special Operations Masters of Arts, of the National
Defense University, or seek to reduce the number of students
educated at the College, or its satellite program, until 30
days after the date on which the congressional defense
committees receive the report required by subsection (c).
(b) Assessment, Determination, and Review.--The Under
Secretary of Defense for Policy, in consultation with the Under
Secretary of Defense for Personnel and Readiness, the Assistant
Secretary of Defense for Special Operations/Low-Intensity
Conflict, the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats, the Deputy Assistant
Secretary of Defense for Stability and Humanitarian Affairs,
the Deputy Assistant Secretary of Defense for Special
Operations and Combating Terrorism, the Chief Financial Officer
of the Department, the Chairman of the Joint Chiefs of Staff,
and the Commander of United States Special Operations Command,
shall--
(1) assess requirements for joint professional
military education and civilian leader education in the
counterterrorism, irregular warfare, and asymmetrical
domains to support the Department and other national
security institutions of the Federal Government;
(2) determine whether the importance, challenges,
and complexity of the modern counterterrorism
environment and irregular and asymmetrical domains
warrant--
(A) a college at the National Defense
University, or a college independent of the
National Defense University whose leadership is
responsible to the Office of the Secretary of
Defense; and
(B) the provision of resources, services,
and capacity at levels that are the same as, or
decreased or enhanced in comparison to, those
resources, services, and capacity in place at
the College of International Security Affairs
on January 1, 2019;
(3) review the plan proposed by the National
Defense University for eliminating the College of
International Security Affairs and reducing and
restructuring the counterterrorism, irregular, and
asymmetrical faculty, course offerings, joint
professional military education and degree and
certificate programs, and other services provided by
the College; and
(4) assess the changes made to the College of
International Security Affairs since January 1, 2019,
and the actions necessary to reverse those changes,
including relocating the College and its associated
budget, faculty, staff, students, and facilities
outside of the National Defense University.
(c) Report Required.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees
a report on--
(1) the findings of the Secretary with respect to
the assessments, determination, and review conducted
under subsection (b); and
(2) such recommendations as the Secretary may have
for higher education in the counterterrorism,
irregular, and asymmetrical domains.
SEC. 578. IMPROVEMENTS TO THE CREDENTIALING OPPORTUNITIES ON-LINE
PROGRAMS OF THE ARMED FORCES.
(a) Study on Performance Measures.--The Secretary of
Defense shall conduct a study to determine additional
performance measures to evaluate the effectiveness of the
Credentialing Opportunities On-Line programs (in this section
referred to as the ``COOL programs'') of each Armed Force in
connecting members of the Armed Forces with professional
credential programs. The study shall include the following:
(1) The percentage of members of the Armed Force
concerned described in section 1142(a) of title 10,
United States Code, who participate in a professional
credential program through the COOL program of the
Armed Force concerned.
(2) The percentage of members of the Armed Force
concerned described in paragraph (1) who have completed
a professional credential program described in that
paragraph.
(3) The amount of funds obligated and expended to
execute the COOL program of each Armed Force during the
five fiscal years immediately preceding the date of the
study.
(4) Any other element determined by the Secretary
of Defense.
(b) Information Tracking.--The Secretary of Defense shall
establish a process to standardize the tracking of information
regarding the COOL programs across the Armed Forces.
(c) Coordination.--To carry out this section, the Secretary
of Defense may coordinate with the Secretaries of Veterans
Affairs and Labor.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on--
(1) the study conducted under subsection (a); and
(2) the process established under subsection (b),
including a timeline to implement such process.
SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES
AND CERTIFICATIONS.
(a) Study; Report.--Not later than one year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report containing
the results of a study regarding the transferability of
military certifications to civilian occupational licenses and
certifications.
(b) Elements.--The report under this section shall include
the following:
(1) Obstacles to transference of military
certifications.
(2) Any effects of the transferability of military
certifications on recruitment and retention.
(3) Examples of certifications obtained from the
Federal Government that transfer to non-Federal
employment.
(4) An assessment of the effectiveness of the
credentialing programs of each Armed Force.
SEC. 579A. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE
OFFICERS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
submit to the Committees on Armed Services and on Veterans'
Affairs of the House of Representatives and Senate a report
regarding the effects of the presence of CVSOs at
demobilization centers on members of the Armed Forces making
the transition to civilian life.
(b) Elements.--The report under this section shall include
the following:
(1) The number of demobilization centers that host
CVSOs.
(2) The locations of demobilization centers
described in paragraph (1).
(3) Barriers to expanding the presence of CVSOs at
demobilization centers nationwide.
(4) Recommendations of the Secretary of Defense
regarding the presence of CVSOs at demobilization
centers.
(c) CVSO Defined.--In this section, the term ``CVSO''
includes--
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the
Secretary of Defense determines appropriate.
Subtitle I--Military Family Readiness and Dependents' Education
SEC. 581. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY;
REVIEW; REPORT.
(a) Definitions.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall act on recommendation one of the report, dated July 2019,
of the National Academies of Science, Engineering and Medicine,
titled ``Strengthening the Military Family Readiness System for
a Changing American Society'', by establishing definitions of
``family well-being'', ``family readiness'', and ``family
resilience'' for use by the Department of Defense.
(b) Communication Strategy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall--
(1) ensure that the Secretary of Defense has
carried out section 561 of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 1781
note);
(2) implement a strategy to use of a variety of
modes of communication to ensure the broadest means of
communicating with military families; and
(3) establish a process to measure the
effectiveness of the modes of communication described
in paragraph (2).
(c) Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
review of current programs, policies, services, resources, and
practices of the Department for military families as outlined
in recommendation four of the report described in subsection
(a).
(d) Report.--Not later than 60 days after completing the
review under subsection (c), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing the results of
the review and how the Secretary shall improve programs,
policies, services, resources, and practices for military
families, based on the review.
SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) In General.--Section 1781c of title 10, United States
Code is amended--
(1) in subsection (b), by striking ``enhance'' and
inserting ``standardize, enhance,'';
(2) in subsection (c)(1), by inserting ``and
standard'' after ``comprehensive'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``update
from time to time'' and inserting ``regularly
update'';
(B) in paragraph (3), by adding at the end
the following new subparagraphs:
``(C) Ability to request a second review of the
approved assignment within or outside the continental
United States if the member believes the location is
inappropriate for the member's family and would cause
undue hardship.
``(D) Protection from having a medical
recommendation for an approved assignment overridden by
the commanding officer.
``(E) Ability to request continuation of location
when there is a documented substantial risk of
transferring medical care or educational services to a
new provider or school at the specific time of
permanent change of station.''; and
(C) in paragraph (4)--
(i) in subparagraph (F), by
striking ``of an individualized
services plan (medical and
educational)'' and inserting ``by an
appropriate office of an individualized
services plan (whether medical,
educational, or both)''; and
(ii) by inserting after
subparagraph (F) the following new
subparagraphs:
``(H) Procedures for the development of an
individualized services plan for military family
members with special needs who have requested family
support services and have a completed family needs
assessment.
``(I) Requirements to prohibit disenrollment from
the Exceptional Family Member Program unless there is
new supporting medical or educational information that
indicates the original condition is no longer present,
and to track disenrollment data in each armed force.''.
(b) Standardization.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall, to the extent practicable, standardize the Exceptional
Family Member Program (in this section referred to as the
``EFMP'') across the military departments. The EFMP,
standardized under this subsection, shall include the
following:
(1) Processes for the identification and enrollment
of dependents of covered members with special needs.
(2) A process for the permanent change of orders
for covered members, to ensure seamless continuity of
services at the new permanent duty station.
(3) If an order for assignment is declined for a
military family with special needs, the member will
receive a reason for the decline of that order.
(4) A review process for installations to ensure
that health care furnished through the TRICARE program,
special needs education programs, and installation-
based family support programs are available to military
families enrolled in the EFMP.
(5) A standardized respite care benefit across the
covered Armed Forces, including the number of hours
available under such benefit to military families
enrolled in the EFMP.
(6) Performance metrics for measuring, across the
Department and with respect to each military
department, the following:
(A) Assignment coordination and support for
military families with special needs, including
a systematic process for evaluating each
military department's program for the support
of military families with special needs.
(B) The reassignment of military families
with special needs, including how often members
request reassignments, for what reasons, and
from what military installations.
(C) The level of satisfaction of military
families with special needs with the family and
medical support they are provided.
(7) A requirement that the Secretary of each
military department provide legal services by an
attorney, trained in education law, at each military
installation--
(A) the Secretary determines is a primary
receiving installation for military families
with special needs; and
(B) in a State that the Secretary
determines has historically not supported
families enrolled in the EFMP.
(8) The option for a family enrolled in the EFMP to
continue to receive all services under that program and
a family separation allowance, if otherwise authorized,
if--
(A) the covered member receives a new
permanent duty station; and
(B) the covered member and family elect for
the family not to relocate with the covered
member.
(9) The solicitation of feedback from military
families with special needs, and discussions of
challenges and best practices of the EFMP, using
existing family advisory organizations.
(c) Case Management.--The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall develop an EFMP case management model, including the
following:
(1) A single EFMP office, located at the
headquarters of each covered Armed Force, to oversee
implementation of the EFMP and coordinate health care
services, permanent change of station order processing,
and educational support services for that covered Armed
Force.
(2) An EFMP office at each military installation
with case managers to assist each family of a covered
member in the development of a plan that addresses the
areas specified in subsection (b)(1).
(d) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of this section,
including any recommendations of the Secretary regarding
additional legislation.
(e) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed
Force under the jurisdiction of the Secretary of a
military department.
(2) The term ``covered member'' means a member--
(A) of a covered Armed Force; and
(B) with a dependent with special needs.
SEC. 583. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS FORCES AND
IMMEDIATE FAMILY MEMBERS.
(a) In General.--Section 1788a of title 10, United States
Code, is amended--
(1) by striking the heading and inserting ``Support
programs: special operations forces personnel;
immediate family members'';
(2) in subsection (a), by striking ``for the
immediate family members of members of the armed forces
assigned to special operations forces'';
(3) in subsection (b)(1), by striking ``the
immediate family members of members of the armed forces
assigned to special operations forces'' and inserting
``covered individuals'';
(4) in subsection (d)(2)--
(A) in subparagraph (A), by striking
``family members of members of the armed forces
assigned to special operations forces'' and
inserting ``covered individuals''; and
(B) in subparagraph (B), by striking
``family members of members of the armed forces
assigned to special operations forces'' and
inserting ``covered individuals''; and
(5) in subsection (e)(4)--
(A) by inserting ``psychological support,
spiritual support, and'' before ``costs'';
(B) by striking ``immediate family members
of members of the armed forces assigned to
special operations forces'' and inserting
``covered personnel''; and
(C) by adding at the end the following:
``(5) The term `covered personnel' means--
``(A) members of the Armed Forces
(including the reserve components) assigned to
special operations forces;
``(B) service personnel assigned to support
special operations forces; and
``(C) immediate family members of
individuals described in subparagraphs (A) and
(B).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 88 of title 10, United States Code, is
amended by striking the item relating to section 1788a and
inserting the following:
``1788a. Support programs: special operations forces personnel;
immediate family members.''.
SEC. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR MILITARY
CHILD DEVELOPMENT PROGRAMS.
Section 1791 of title 10, United States Code, is amended--
(1) by striking ``It is the policy'' and inserting
the following:
``(a) Policy.--It is the policy''; and
(2) by adding at the end the following new
subsection:
``(b) Responsibility for Allocations of Certain Funds.--The
Secretary of Defense shall be responsible for the allocation of
Office of the Secretary of Defense level funds for military
child development programs for children from birth through 12
years of age, and may not delegate such responsibility to the
military departments.''.
SEC. 585. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER MATTERS.
(a) Center Fees Matters.--Section 1793 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Family Discount.--In the case of a family with two or
more children attending a child development center, the
regulations prescribed pursuant to subsection (a) may require
that installations commanders charge a fee for attendance at
the center of any child of the family after the first child of
the family in amount equal to 85 percent of the amount of the
fee otherwise chargeable for the attendance of such child at
the center.''.
(b) Reports on Installations With Extreme Imbalance Between
Demand for and Availability of Child Care.--Not later than one
year after the date of the enactment of this Act, each
Secretary of a military department shall submit to Congress a
report on the military installations under the jurisdiction of
such Secretary with an extreme imbalance between demand for
child care and availability of child care. Each report shall
include, for the military department covered by such report,
the following:
(1) The name of the five installations of the
military department experiencing the most extreme
imbalance between demand for child care and
availability of child care.
(2) For each installation named pursuant to
subparagraph (A), the following:
(A) An assessment whether civilian
employees at child development centers at such
installation have rates of pay and benefits
that are competitive with other civilian
employees on such installation and with the
civilian labor pool in the vicinity of such
installation.
(B) A description and assessment of various
incentives to encourage military spouses to
become providers under the Family Child Care
program at such installation.
(C) Such recommendations at the Secretary
of the military department concerned considers
appropriate to address the imbalance between
demand for child care and availability of child
care at such installation, including
recommendations to enhance the competitiveness
of civilian child care positions at such
installation with other civilian positions at
such installation and the civilian labor pool
in the vicinity of such installation.
SEC. 586. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER ADVANCEMENT
ACCOUNT PROGRAM.
Section 580F of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``(a) Professional License or
Certification; Associate's Degree.--'' before ``The
Secretary'';
(2) by inserting ``or maintenance (including
continuing education courses)'' after ``pursuit''; and
(3) by adding at the end the following new
subsection:
``(b) National Testing.--Financial assistance under
subsection (a) may be applied to the costs of national tests
that may earn a participating military spouse course credits
required for a degree approved under the program (including the
College Level Examination Program tests).''.
SEC. 587. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE
EMPLOYMENT PARTNERSHIP PROGRAM.
(a) Evaluation; Updates.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall evaluate the partner criteria set forth in the Military
Spouse Employment Partnership Program (in this section referred
to as the ``MSEP Program'') and implement updates that the
Secretary determines will improve such criteria without
diminishing the need for partners to exhibit sound business
practices, broad diversity efforts, and relative financial
stability. Such updates may expand the number of the following
entities that meet such criteria:
(1) Institutions of primary, secondary, and higher
education.
(2) Software and coding companies.
(3) Local small businesses.
(4) Companies that employ telework.
(b) New Partnerships.--Upon completion of the evaluation
under subsection (a), the Secretary, in consultation with the
Department of Labor, shall seek to enter into agreements with
entities described in paragraphs (1) through (4) of subsection
(a) that are located near military installations (as that term
is defined in section 2687 of title 10, United States Code).
(c) Review; Report.--Not later than one year after
implementation under subsection (a), the Secretary shall review
updates under subsection (a) and publish a report regarding
such review on a publicly-accessible website of the Department
of Defense. Such report shall include the following:
(1) The results of the evaluation of the MSEP
Program, including the implementation plan for any
change to partnership criteria.
(2) Data on the new partnerships undertaken as a
result of the evaluation, including the type, size, and
location of the partner entities.
(3) Data on the utility of the MSEP Program,
including--
(A) the number of military spouses who have
applied through the MSEP Program;
(B) the average length of time a job is
available before being filled or removed from
the MSEP Program portal; and
(C) the average number of new jobs posted
on the MSEP Program portal each month.
SEC. 588. 24-HOUR CHILD CARE.
(a) 24-Hour Child Care.--If the Secretary of Defense
determines it feasible, pursuant to the study conducted
pursuant to subsection (b), the Secretary shall furnish child
care to each child of a member of the Armed Forces or civilian
employee of the Department of Defense while that member or
employee works on rotating shifts at a military installation.
(b) Feasibility Study; Report.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth
the results of a study, conducted by the Secretary for purposes
of this section, on the feasibility of furnishing child care
described in subsection (a).
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) The results of the study described in that
subsection.
(2) If the Secretary determines that furnishing
child care available as described in subsection (a) is
feasible, such matters as the Secretary determines
appropriate in connection with furnishing such child
care, including--
(A) an identification of the installations
at which such child care would be beneficial to
members of the Armed Forces, civilian employees
of the Department, or both;
(B) an identification of any barriers to
making such child care available at the
installations identified pursuant to
subparagraph (A);
(C) an assessment whether the child care
needs of members of the Armed Forces and
civilian employees of the Department described
in subsection (a) would be better met by an
increase in assistance for child care fees;
(D) a description and assessment of the
actions, if any, being taken to furnish such
child care at the installations identified
pursuant to subparagraph (A); and
(E) such recommendations for legislative or
administrative action the Secretary determines
appropriate to make such child care available
at the installations identified pursuant to
subparagraph (A), or at any other military
installation.
SEC. 589. PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF
THE ARMED FORCES FOR IN-HOME CHILD CARE.
(a) Establishment.--Not later than March 1, 2021, the
Secretary of Defense shall establish a pilot program to provide
financial assistance to members of the Armed Forces who pay for
services provided by in-home child care providers. In carrying
out the pilot program, the Secretary shall take the following
steps:
(1) Determine the needs of military families who
request services provided by in-home child care
providers.
(2) Determine the appropriate amount of financial
assistance to provide to military families described in
paragraph (1).
(3) Determine the appropriate qualifications for an
in-home child care provider for whose services the
Secretary shall provide financial assistance to a
military family. In carrying out this paragraph, the
Secretary shall--
(A) take into consideration qualifications
for in-home child care providers in the private
sector; and
(B) ensure that the qualifications the
Secretary determines appropriate under this
paragraph are comparable to the qualifications
for a provider of child care services in a
military child development center or family
home day care.
(4) Establish a marketing and communications plan
to inform members of the Armed Forces who live in the
locations described in subsection (b) about the pilot
program.
(b) Locations.--The Secretary shall carry out the pilot
program in the five locations that the Secretary determines
have the greatest demand for child care services for children
of members of the Armed Forces.
(c) Reports.--
(1) Interim reports.--Not later than one year after
the Secretary establishes the pilot program and thrice
annually thereafter, the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives an interim report on the pilot
program. Each interim report shall include the
following elements:
(A) The number of military families
participating in the pilot program,
disaggregated by location and duration of
participation.
(B) The amount of financial assistance
provided to participating military families in
each location.
(C) Metrics by which the Secretary carries
out subsection (a)(3)(B);
(D) The feasibility of expanding the pilot
program.
(E) Legislation or administrative action
that the Secretary determines necessary to make
the pilot program permanent.
(F) Any other information the Secretary
determines appropriate.
(2) Final report.--Not later than 90 days after the
termination of the pilot program, the Secretary shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a final report
on the pilot program. The final report shall include
the following elements:
(A) The elements specified in paragraph
(1).
(B) The recommendation of the Secretary
whether to make the pilot program permanent.
(d) Termination.--The pilot program shall terminate five
years after the date on which the Secretary establishes the
pilot program.
(e) Definitions.--In this section:
(1) The term ``in-home child care provider'' means
an individual who provides child care services in the
home of the child.
(2) The terms ``military child development center''
and ``family home day care'' have the meanings given
those terms in section 1800 of title 10, United States
Code.
SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed Forces
and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers
of military dependent students.--Of the amount
authorized to be appropriated for fiscal year 2021 by
section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available
only for the purpose of providing assistance to local
educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this
subsection, the term ``local educational agency'' has
the meaning given that term in section 7013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2021 pursuant to section
301 and available for operation and maintenance for
Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to
be appropriated for fiscal year 2021 pursuant to
section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for use by the Secretary of Defense to make payments to
local educational agencies determined by the Secretary
to have higher concentrations of military children with
severe disabilities.
(3) Report.--Not later than March 1, 2021, the
Secretary shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the
Department's evaluation of each local educational
agency with higher concentrations of military children
with severe disabilities and subsequent determination
of the amounts of impact aid each such agency shall
receive.
SEC. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY SCHOOLS
TO MAINTAIN MAXIMUM STUDENT-TO-TEACHER RATIOS.
(a) In General.--The Department of Defense Education
Activity shall staff elementary and secondary schools operated
by the Activity so as to maintain, to the extent practicable,
student-to-teacher ratios that do not exceed the maximum
student-to-teacher ratios specified in subsection (b).
(b) Maximum Student-to-teacher Ratios.--The maximum
student-to-teacher ratios specified in this subsection are the
following:
(1) For each of grades kindergarten through 3, a
ratio of 18 students to 1 teacher (18:1).
(2) For each of grades 4 through 12, a ratio equal
to the average student-to-teacher ratio for such grade
among all Department of Defense Education Activity
schools during the 2019-2020 academic year.
(c) Sunset.--The requirement to staff schools in accordance
with subsection (a) shall expire at the end of the 2023-2024
academic year of the Department of Defense Education Activity.
SEC. 589C. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) Pilot Program Authorized.--Beginning not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall carry out a pilot program under which a
dependent of a full-time, active-duty member of the Armed
Forces may enroll in a covered DODEA school at the military
installation to which the member is assigned, on a space-
available basis as described in subsection (c), without regard
to whether the member resides on the installation as described
in 2164(a)(1) of title 10, United States Code.
(b) Purposes.--The purposes of the pilot program under this
section are--
(1) to evaluate the feasibility and advisability of
expanding enrollment in covered DODEA schools; and
(2) to determine how increased access to such
schools will affect military and family readiness.
(c) Enrollment on Space-Available Basis.--A student
participating in the pilot program under this section may be
enrolled in a covered DODEA school only if the school has the
capacity to accept the student, as determined by the Director
of the Department of Defense Education Activity.
(d) Locations.--The Secretary of Defense shall carry out
the pilot program under this section at not more than four
military installations at which covered DODEA schools are
located. The Secretary shall select military installations for
participation in the program based on--
(1) the readiness needs of the Secretary of a the
military department concerned; and
(2) the capacity of the DODEA schools located at
the installation to accept additional students, as
determined by the Director of the Department of Defense
Education Activity.
(e) Termination.--The authority to carry out the pilot
program under this section shall terminate four years after the
date of the enactment of this Act.
(f) Covered DODEA School Defined.--In this Section, the
term ``covered DODEA school'' means a domestic dependent
elementary or secondary school operated by the Department of
Defense Education Activity that--
(1) has been established on or before the date of
the enactment of this Act; and
(2) is located in the continental United States.
SEC. 589D. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL
PROGRAM.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall
carry out a pilot program on permitting dependents of
members of the Armed Forces on active duty to enroll in
the Department of Defense Education Activity Virtual
High School program (in this section referred to as the
``DVHS program'').
(2) Purposes.--The purposes of the pilot program
shall be as follows:
(A) To evaluate the feasibility and
scalability of the DVHS program.
(B) To assess the impact of expanded
enrollment in the DVHS program under the pilot
program on military and family readiness.
(3) Duration.--The duration of the pilot program
shall be four academic years.
(b) Participants.--
(1) In general.--Participants in the pilot program
shall be selected by the Secretary from among
dependents of members of the Armed Forces on active
duty who--
(A) are in a grade 9 through 12;
(B) are currently ineligible to enroll in
the DVHS program; and
(C) either--
(i) require supplementary courses
to meet graduation requirements in the
current State of residence; or
(ii) otherwise demonstrate to the
Secretary a clear need to participate
in the DVHS program.
(2) Preference in selection.--In selecting
participants in the pilot program, the Secretary shall
afford a preference to the following:
(A) Dependents who reside in a rural area.
(B) Dependents who are home-schooled
students.
(3) Limitations.--The total number of course
enrollments per academic year authorized under the
pilot program may not exceed 400 course enrollments. No
single dependent participating in the pilot program may
take more than two courses per academic year under the
pilot program.
(c) Reports.--
(1) Interim report.--Not later than two years after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an interim
report on the pilot program.
(2) Final report.--Not later than 180 days after
the completion of the pilot program, the Secretary
shall submit to the committees of Congress referred to
in paragraph (1) a final report on the pilot programs.
(3) Elements.--Each report under this subsection
shall include the following:
(A) A description of the demographics of
the dependents participating in the pilot
program through the date of such report.
(B) Data on, and an assessment of, student
performance in virtual coursework by dependents
participating in the pilot program over the
duration of the pilot program.
(C) Such recommendation as the Secretary
considers appropriate on whether to make the
pilot program permanent.
(d) Definitions.--In this section:
(1) The term ``rural area'' has the meaning given
the term in section 520 of the Housing Act of 1949 (42
U.S.C. 1490).
(2) The term ``home-schooled student'' means a
student in a grade equivalent to grade 9 through 12 who
receives educational instruction at home or by other
non-traditional means outside of a public or private
school system, either all or most of the time.
SEC. 589E. TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE
CAMPAIGNS.
(a) Establishment.--Not later than September 30, 2021, the
Secretary of Defense shall establish a program for training
members of the Armed Forces and civilian employees of the
Department of Defense regarding the threat of foreign malign
influence campaigns targeted at such individuals and the
families of such individuals, including such campaigns carried
out through social media.
(b) Designation of Official to Coordinate and Integrate.--
Not later than 30 days after the date of enactment of this Act,
the Secretary shall designate an official of the Department who
shall be responsible for coordinating and integrating the
training program under this section.
(c) Best Practices.--In coordinating and integrating the
training program under this section, the official designated
under subsection (b) shall review best practices of existing
training programs across the Department.
(d) Report Required.--Not later than October 30, 2021, the
Secretary shall submit a report to the congressional defense
committees detailing the program established under this
section.
(e) Foreign Malign Influence Defined.--In this section, the
term ``foreign malign influence'' has the meaning given that
term in section 119C of the National Security Act of 1947 (50
U.S.C. 3059).
SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF MEMBERS
OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Study.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall complete
a study on--
(1) the cyberexploitation of the personal
information and accounts of members of the Armed Forces
and their families; and
(2) the risks of deceptive online targeting of
members and their families.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An assessment of predatory loans, other
financial products, or educational products being
targeted to members of the Armed Forces and their
families.
(2) An assessment of unproven or unnecessary
medical treatments or procedures being targeted to
members and their families.
(3) An assessment of ethnic or racial violent
extremism messages targeting members and their
families.
(4) An assessment of the ways in which social media
algorithms may amplify the targeting described in
paragraphs (1) through (3).
(5) An intelligence assessment of the threat
currently posed by foreign government and non-state
actors carrying out the cyberexploitation of members
and their families, including generalized assessments
as to--
(A) whether such cyberexploitation is a
substantial threat as compared to other means
of information warfare; and
(B) whether such cyberexploitation is an
increasing threat.
(6) A case-study analysis of three known
occurrences of attempted cyberexploitation against
members and their families, including assessments of
the vulnerability and the ultimate consequences of the
attempted cyberexploitation.
(7) A description of the actions taken by the
Department of Defense to educate members and their
families, including particularly vulnerable
subpopulations, about any actions that can be taken to
reduce cyberexploitation threats.
(8) An intelligence assessment of the threat posed
by foreign government and non-state actors creating or
using machine-manipulated media (commonly referred to
as ``deep fakes'') featuring members and their
families, including generalized assessments of--
(A) the maturity of the technology used in
the creation of such media; and
(B) how such media has been used or might
be used to conduct information warfare.
(9) Recommendations for policy changes to reduce
the vulnerability of members of the Armed Forces and
their families to cyberexploitation and deception,
including recommendations for legislative or
administrative action.
(c) Report.--
(1) Requirement.--The Secretary shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on the findings
of the Secretary with respect to the study under
subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(d) Definitions.--In this section:
(1) The term ``cyberexploitation'' means the use of
digital means and online platforms--
(A) to knowingly access, or conspire to
access, without authorization, an individual's
personal information to be employed (or to be
used) with malicious intent; or
(B) to deceive an individual with
misinformation with malicious intent.
(2) The term ``machine-manipulated media'' means
video, image, or audio recordings generated or
substantially modified using machine learning
techniques in order to, with malicious intent, falsely
depict the speech or conduct of an individual without
that individual's permission.
SEC. 589G. MATTERS RELATING TO EDUCATION FOR MILITARY DEPENDENT
STUDENTS WITH SPECIAL NEEDS.
(a) Information on Special Education Disputes.--
(1) In general.--Each Secretary of a military
department shall collect and maintain information on
special education disputes filed by members of the
Armed Forces under the jurisdiction of such Secretary.
(2) Information.--The information collected and
maintained under this subsection shall include the
following:
(A) The number of special education
disputes filed.
(B) The outcome or disposition of the
disputes.
(3) Source of information.--The information
collected and maintained pursuant to this subsection
shall be derived from the following:
(A) Records and reports of case managers
and navigators under the Exceptional Family
Member Program of the Department of Defense.
(B) Reports submitted by members of the
Armed Forces to officials at military
installations or other relevant military
officials.
(C) Such other sources as the Secretary of
the military department concerned considers
appropriate.
(4) Annual reports.--On an annual basis, each
Secretary of a military department shall submit to the
Office of Special Needs of the Department of Defense a
report on the information collected by such Secretary
under this subsection during the preceding year.
(b) GAO Study and Report.--
(1) In general.--The Comptroller General of the
United States shall conduct a study on the following:
(A) The manner in which local educational
agencies with schools that serve military
dependent students use the following:
(i) Funds made available for impact
aid for children with severe
disabilities under section 363 of the
Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001
(Public Law 106-398; 20 U.S.C. 7703a).
(ii) Funds made available for
assistance to schools with a
significant number of military
dependent students under subsection (a)
of section 572 of the National Defense
Authorization Act for Fiscal Year 2006
(Public Law 109-163; 20 U.S.C. 7703b).
(C) The efficacy of attorneys and other
legal support for military families in special
education disputes.
(E) Whether, and to what extent, policies
and guidance for School Liaison Officers are
standardized between the Office of Special
Needs of the Department of Defense and the
military departments, and the efficacy of such
policies and guidance.
(F) The improvements made to family support
programs of the Office of Special Needs, and of
each military department, in light of the
recommendations of the Comptroller General in
the report titled ``DOD Should Improve Its
Oversight of the Exceptional Family Member
Program'' (GAO-18-348).
(2) Recommendations.--As part of the study under
paragraph (1), the Comptroller General shall develop
recommendations on the following:
(A) Improvements to the ability of the
Department of Defense to monitor and enforce
the compliance of local educational agencies
with requirements for the provision of a free
appropriate public education to military
dependent students with special needs.
(B) Improvements to the policies of the
Office of Special Needs, and of each military
department, with respect to the standardization
and efficacy of policies and programs for
military dependent students with special needs.
(3) Briefing and report.--Not later than March 31,
2021, the Comptroller General of the United States
shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing
and a report the results of the study conducted under
paragraph (1).
(c) Definitions.--In this section:
(1) The term ``free appropriate public education''
has the meaning given that term in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) The term ``local educational agency'' has the
meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) The term ``special education dispute'' means a
complaint filed regarding the education provided to a
child with a disability (as defined in section 602 of
the Individuals with Disabilities Education Act (20
U.S.C. 1401)), including a complaint filed in
accordance with section 615 or 639 of such Act (20
U.S.C. 1415, 1439).
SEC. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY.
(a) DOD Study and Report.--
(1) Study.--The Secretary of Defense shall conduct
a study on the performance of the Department of Defense
Education Activity.
(2) Elements.--The study under paragraph (1) shall
include--
(A) a review of the curriculum relating to
health, resiliency, and nutrition taught in
schools operated by the Department of Defense
Education Activity; and
(B) a comparison of such curriculum to
benchmarks established for the curriculum by
the Department of Defense Education Activity.
(3) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report that
includes the results of the study conducted under
paragraph (1).
(b) GAO Studies and Reports.--
(1) Studies.--The Comptroller General of the United
States shall conduct two studies on the performance of
the Department of Defense Education Activity as
follows:
(A) One study shall analyze the educational
outcomes of students in schools operated by the
Department of Defense Education Activity
compared to the educational outcomes of
students in public elementary schools and
public secondary schools (as those terms are
defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801
et seq.)) outside the Department of Defense.
(B) One study shall assess the
effectiveness of the School Liaison Officer
program of the Department of Defense Education
Activity in achieving the goals of the program
with an emphasis on goals relating to special
education and family outreach.
(2) Reports.--Not later than one year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives--
(A) a report that includes the results of
the study conducted under subparagraph (A) of
paragraph (1); and
(B) a report that includes the results of
the study conducted under subparagraph (B) of
such paragraph.
Subtitle J--Other Matters and Reports
SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) In General.--Section 2193b of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and
mathematics'';
(2) in subsection (a), by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and
mathematics''; and
(3) in subsection (b), by striking ``mathematics,
science, and technology'' and inserting ``science,
technology, engineering, art and design, and
mathematics''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 111 of title 10, United States Code, is
amended by striking the item relating to section 2193b and
inserting the following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
technology, engineering, art and design, and mathematics.''.
SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF
DEFENSE STARBASE PROGRAM.
Section 2193b(h) of title 10, United States Code, is
amended by inserting ``the Commonwealth of the Northern Mariana
Islands, American Samoa,'' before ``and Guam''.
SEC. 593. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE
DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY.
Section 582(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is
amended--
(1) in paragraph (1), by striking ``October 1,
2020'' and inserting ``October 1, 2025''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by striking ``September 30, 2020'' and
inserting ``September 30, 2025'';
(B) in subparagraph (B), by inserting ``,
the explosive ordnance disposal commandant
(chief of explosive ordnance disposal),''
before ``qualified''; and
(C) by adding at the end the following new
subparagraph:
``(G) The explosive ordnance disposal
commandant (chief of explosive ordnance
disposal) has determined whether explosive
ordnance disposal soldiers have the appropriate
skills necessary to support missions of special
operations forces (as identified in section
167(j) of title 10, United States Code). Such
skills may include airborne, air assault,
combat diver, fast roping insertion and
extraction, helocasting, military free-fall,
and off-road driving.''.
SEC. 594. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST SPECIAL
PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL THINKING.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall establish a special
purpose test adjunct to the Armed Services Vocational Aptitude
Battery test to address computational thinking skills relevant
to military applications, including problem decomposition,
abstraction, pattern recognition, analytical ability, the
identification of variables involved in data representation,
and the ability to create algorithms and solution expressions.
SEC. 595. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON THE
ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF
THE FEDERAL VOTING ASSISTANCE PROGRAM.
(a) Elimination of Reports for Non-election Years.--Section
105A(b) of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20308(b)) is amended, in the matter preceding
paragraph (1)--
(1) by striking ``March 31 of each year'' and
inserting ``September 30 of each odd-numbered year'';
and
(2) by striking ``the following information'' and
inserting ``the following information with respect to
the Federal elections held during the preceding
calendar year''.
(b) Conforming Amendments.--Subsection (b) of section 105A
of such Act (52 U.S.C. 20308(b)) is amended--
(1) in the subsection heading, by striking ``Annual
Report'' and inserting ``Biennial Report''; and
(2) in paragraph (3), by striking ``In the case
of'' and all that follows through ``a description'' and
inserting ``A description''.
SEC. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS OF
OTHER ARMED FORCES WHEN MEMBERS OF THE ARMED FORCE
OF THE DECEASED ARE UNAVAILABLE.
(a) Briefing on Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall provide a briefing to the Committees on
Armed Services of the Senate and the House of
Representatives setting forth a plan for the
performance of a funeral honors detail at the funeral
of a deceased member of the Armed Forces by one or more
members of the Armed Forces from an Armed Force other
than that of the deceased when--
(A) members of the Armed Force of the
deceased are unavailable for the performance of
the detail;
(B) the performance of the detail by
members of other Armed Forces is requested by
the family of the deceased; and
(C) the chief of the Armed Force of the
deceased verifies the eligibility of the
deceased for such funeral honors.
(2) Repeal of requirement for one member of armed
force of deceased in detail.--Section 1491(b)(2) of
title 10, United States Code, is amended in the first
sentence by striking ``, at least one of whom shall be
a member of the armed force of which the veteran was a
member''.
(3) Performance.--The plan required by paragraph
(1) shall authorize the performance of funeral honors
details by members of the Army National Guard and the
Air National Guard under section 115 of title 32,
United States Code, and may authorize the remainder of
such details to consist of members of veterans
organizations or other organizations approved for
purposes of section 1491 of title 10, United States
Code, as provided for by subsection (b)(2) of such
section 1491.
(b) Elements.--The briefing under subsection (a) shall
include a detailed description of the authorities and
requirements for the implementation of the plan, including
administrative, logistical, coordination, and funding
authorities and requirements.
SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE 2019 ON
MEMBERS OF THE ARMED FORCES AND BEST PRACTICES TO
PREVENT FUTURE FINANCIAL HARDSHIPS.
(a) Study.--The Secretary of Defense shall conduct a study
on the financial hardships experienced by members of the Armed
Forces (including the reserve components) as a result of the
Coronavirus Disease 2019 (COVID-19) pandemic.
(b) Elements.--The study shall--
(1) examine the financial hardships members of the
Armed Forces experience as a result of the COVID-19
pandemic, including the effects of stop movement
orders, loss of spousal income, loss of hazardous duty
incentive pay, school closures, loss of childcare, loss
of educational benefits, loss of drill and exercise
pay, cancelled deployments, and any additional
financial stressors identified by the Secretary;
(2) identify best practices to provide assistance
for members of the Armed Forces experiencing the
financial hardships listed in paragraph (1); and
(3) identify actions that can be taken by the
Secretary to prevent financial hardships listed in
paragraph (1) from occurring in the future.
(c) Consultation and Coordination.--For the purposes of the
study, the Secretary may--
(1) consult with the Director of the Consumer
Financial Protection Bureau; and
(2) with respect to members of the Coast Guard,
coordinate with the Secretary of Homeland Security.
(d) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study under subsection (a).
(e) Financial Hardship Defined.--In this section, the term
``financial hardship'' means a loss of income or an unforeseen
expense as a result of closures and changes in operations in
response to the COVID-19 pandemic.
SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS TEST.
The Secretary of the Army may not implement the Army Combat
Fitness Test until the Secretary receives results of a study,
conducted for purposes of this section by an entity independent
of the Department of Defense, on the following:
(1) The extent, if any, to which the test would
adversely impact members of the Army stationed or
deployed to climates or areas with conditions that make
prohibitive the conduct of outdoor physical training on
a frequent or sustained basis.
(2) The extent, if any, to which the test would
affect recruitment and retention in critical support
military occupational specialties of the Army, such as
medical personnel.
SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS OF
THE COMPREHENSIVE REVIEW OF SPECIAL OPERATIONS
FORCES CULTURE AND ETHICS.
(a) Semiannual Reports Required.--Not later than March 1,
2021, and every 180 days thereafter through March 1, 2024, the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict shall, in coordination with the Commander of
the United States Special Operations Command, submit to the
congressional defense committees a report on the current status
of the implementation of the actions recommended as a result of
the Comprehensive Review of Special Operations Forces Culture
and Ethics.
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) A list of the actions required as of the date
of such report to complete full implementation of each
of the 16 actions recommended by the Comprehensive
Review referred to in subsection (a).
(2) An identification of the office responsible for
completing each action listed pursuant to paragraph
(1), and an estimated timeline for completion of such
action.
(3) If completion of any action listed pursuant to
paragraph (1) requires resources or actions for which
authorization by statute is required, a recommendation
for legislative action for such authorization.
(4) Any other matters the Assistant Secretary or
the Commander considers appropriate.
SEC. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD WAR
II VETERANS ON NATIONAL SECURITY, FOREIGN POLICY,
AND ECONOMIC AND HUMANITARIAN INTERESTS OF THE
UNITED STATES.
(a) In General.--Not later than December 31, 2020, the
Secretary of Homeland Security, in consultation with the
Secretary of Defense and the Secretary of State, shall submit
to the congressional defense committees a report on the impact
of the children of certain Filipino World War II veterans on
the national security, foreign policy, and economic and
humanitarian interests of the United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The number of Filipino World War II veterans
who fought under the United States flag during World
War II to protect and defend the United States in the
Pacific theater.
(2) The number of Filipino World War II veterans
who died fighting under the United States flag during
World War II to protect and defend the United States in
the Pacific theater.
(3) An assessment of the economic and tax
contributions that Filipino World War II veterans and
their families have made to the United States.
(4) An assessment of the impact on the United
States of exempting from the numerical limitations on
immigrant visas the children of the Filipino World War
II veterans who were naturalized under--
(A) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
(B) title III of the Nationality Act of
1940 (54 Stat. 1137; chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182; chapter 199).
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in special and incentive pays for officers in health
professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of expansion of authority to provide
financial assistance to civilian providers of child care
services or youth program services for survivors of members of
the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of members
of the Armed Forces who die while on active duty or certain
reserve duty.
Subtitle D--Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the
defense resale system.
Subtitle E--Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY.
Effective on January 1, 2021, the rates of monthly basic
pay for members of the uniformed services are increased by 3.0
percent.
SEC. 602. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR
MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE
COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the
end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(4) for each of six days for each period during
which the member is on maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave
taken by a member of the reserve components of the
Armed Forces in connection with the birth of a child
shall count toward the member's entitlement to retired
pay, and in connection with the years of service used
in computing retired pay, under chapter 1223 of title
10, United States Code, as 12 points.
(2) Separate credit for each period of leave.--
Separate crediting of points shall accrue to a member
pursuant to this subsection for each period of
maternity leave taken by the member in connection with
a childbirth event.
(3) When credited.--Points credited a member for a
period of maternity leave pursuant to this subsection
shall be credited in the year in which the period of
maternity leave concerned commences.
(4) Contribution of leave toward entitlement to
retired pay.--Section 12732(a)(2) of title 10, United
States Code, as amended by section 516 of this Act, is
further amended--
(A) by inserting after subparagraph (F) the
following new subparagraph:
``(G) Points at the rate of 12 per period
during which the member is on maternity
leave.''; and
(B) in the matter following subparagraph
(G), as inserted by subparagraph (A), by
striking ``and (F)'' and inserting ``(F), and
(G)''.
(5) Computation of years of service for retired
pay.--Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following new paragraph (5):
``(5) One day for each point credited to the person
under subparagraph (F) of section 12732(a)(2) of this
title.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the enactment
of this Act, and shall apply with respect to periods of
maternity leave that commence on or after that date.
SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO
RECEIVE BASIC ALLOWANCE FOR HOUSING.
Section 403 of title 37, United States Code, is amended by
adding at the end the following:
``(p) Information on Rights and Protections Under
Servicemembers Civil Relief Act.--The Secretary concerned shall
provide to each member of a uniformed service who receives a
basic allowance for housing under this section information on
the rights and protections available to such member under the
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.)--
``(1) when such member first receives such basic
allowance for housing; and
``(2) each time such member receives a permanent
change of station.''.
SEC. 604. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL AND
TRANSPORTATION ALLOWANCES.
(a) Per Diem for Duty Outside the Continental United
States.--
(1) Transfer to chapter 7.--Section 475 of title
37, United States Code, is transferred to chapter 7 of
such title, inserted after section 403b, and
redesignated as section 405.
(2) Repeal of termination provision.--Section 405
of title 37, United States Code, as added by paragraph
(1), is amended by striking subsection (f).
(b) Allowance for Funeral Honors Duty.--
(1) Transfer to chapter 7.--Section 495 of title
37, United States Code, is transferred to chapter 7 of
such title, inserted after section 433a, and
redesignated as section 435.
(2) Repeal of termination provision.--Section 435
of title 37, United States Code, as added by paragraph
(1), is amended by striking subsection (c).
(c) Clerical Amendments.--
(1) Chapter 7.--The table of sections at the
beginning of chapter 7 of title 37, United States Code,
is amended--
(A) by inserting after the item relating to
section 403b the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.''; and
(B) by inserting after the item relating to
section 433a the following new item:
``435. Funeral honors duty: allowance.''.
(2) Chapter 8.--The table of sections at the
beginning of chapter 8 of title 37, United States Code,
is amended by striking the items relating to sections
475 and 495.
SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE
FARES AND TOLLS.
Section 452(c)(1) of title 37, United States Code, is
amended by inserting ``(including fares and tolls, without
regard to distance travelled)'' after ``transportation''.
SEC. 606. ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE
SPACE FORCE.
(a) In General.--The Secretary of the Air Force may provide
an officer who transfers from the Army, Navy, Air Force, or
Marine Corps to the Space Force an allowance of not more than
$400 as reimbursement for the purchase of required uniforms and
equipment.
(b) Relationship to Other Allowances.--The allowance under
this section is in addition to any allowance available under
any other provision of law.
(c) Source of Funds.--Funds for allowances provided under
subsection (a) in a fiscal year may be derived only from
amounts authorized to be appropriated for military personnel of
the Space Force for such fiscal year.
(d) Applicability.--The authority for an allowance under
this section shall apply with respect to any officer described
in subsection (a) who transfers to the Space Force--
(1) during the period beginning on December 20,
2019, and ending on September 30, 2022; and
(2) on or after the date the Secretary of the Air
Force prescribes the official uniform for the Space
Force.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended
by striking ``December 31, 2020'' and inserting ``December 31,
2021''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by striking
``December 31, 2020'' and inserting ``December 31, 2021''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2020'' and inserting ``December 31,
2021'':
(1) Section 331(h), relating to general bonus
authority for enlisted members.
(2) Section 332(g), relating to general bonus
authority for officers.
(3) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and
incentive pay authorities for officers in health
professions.
(5) Section 336(g), relating to contracting bonus
for cadets and midshipmen enrolled in the Senior
Reserve Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or
special duty pay.
(8) Section 353(i), relating to skill incentive pay
or proficiency bonus.
(9) Section 355(h), relating to retention
incentives for members qualified in critical military
skills or assigned to high priority units.
(e) Authority To Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title 37,
United States Code, is amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN HEALTH
PROFESSIONS.
(a) Accession Bonus Generally.--Subparagraph (A) of section
335(e)(1) of title 37, United States Code, is amended by
striking ``$30,000'' and inserting ``$100,000''.
(b) Accession Bonus for Critically Short Wartime
Specialties.--Subparagraph (B) of such section is amended by
striking ``$100,000'' and inserting ``$200,000''.
(c) Retention Bonus.--Subparagraph (C) of such section is
amended by striking ``$75,000'' and inserting ``$150,000''.
(d) Incentive Pay.--Subparagraph (D) of such section is
amended--
(1) in clause (i), by striking ``$100,000'' and
inserting ``$200,000''; and
(2) in clause (ii), by striking ``$15,000'' and
inserting ``$50,000''.
(e) Board Certification Pay.--Subparagraph (E) of such
section is amended by striking ``$6,000'' and inserting
``$15,000''.
(f) Effective Date.--The amendments made by this section
shall apply with respect to special bonus and incentive pays
payable under section 335 of title 37, United States Code,
pursuant to agreements entered into under that section on or
after the date of the enactment of this Act.
SEC. 613. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS
OF THE UNIFORMED SERVICES.
Section 351(b) of title 37, United States Code, is amended
by striking ``$250'' both places it appears and inserting
``$275''.
SEC. 614. PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF THE
UNIFORMED SERVICES.
Section 351 of title 37, United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)(i), by striking
``shall'' and inserting ``may'';
(B) in subparagraph (B)--
(i) by striking ``paragraph (2) or
(3)'' and inserting ``paragraph (2)'';
(ii) by striking ``the Secretary
concerned may prorate'' and all that
follows and inserting ``the Secretary
concerned--''; and
(C) by adding at the end the following:
``(i) may prorate the payment
amount to reflect the duration of the
member's actual qualifying service
during the month; and
``(ii) in the case of member who
performs hazardous duty specifically
designated by the Secretary concerned,
shall pay the member hazardous duty pay
in an amount not to exceed the maximum
amount of hazardous duty pay that would
be payable to the member under
subsection (b)(2) for the entire month,
regardless of the duration of the
qualifying service.
``(C) In the case of hazardous duty pay
payable under paragraph (3) of subsection (a),
the Secretary concerned may prorate the payment
amount to reflect the duration of the member's
actual qualifying service during the month.'';
and
(2) in subsection (h), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 615. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A SHIP
REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR
MEMBERS OF THE UNIFORMED SERVICES.
Section 427(a)(1)(B) of title 37, United States Code, is
amended by inserting ``(or under orders to remain on board the
ship while at the home port)'' after ``of the ship''.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
SEC. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN
RESERVES WHILE ON DUTY.
(a) Change in Priority of Payments for Retired or Retainer
Pay.--Subsection (a) of section 12316 of title 10, United
States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(B) by striking ``his earlier military
service'' and inserting ``the Reserve's earlier
military service'';
(C) by striking ``a pension, retired or
retainer pay, or disability compensation'' and
inserting ``retired or retainer pay''; and
(D) by striking ``he is entitled'' and
inserting ``the Reserve is entitled''; and
(2) by striking paragraphs (1) and (2) and
inserting the following new paragraphs:
``(1) the pay and allowances authorized by law for
the duty that the Reserve is performing; or
``(2) if the Reserve specifically waives those
payments, the retired or retainer pay to which the
Reserve is entitled because of the Reserve's earlier
military service.''.
(b) Payments for Pension or Disability Compensation.--Such
section is further amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Except as provided by subsection (c), a Reserve of
the Army, Navy, Air Force, Marine Corps, or Coast Guard who
because of the Reserve's earlier military service is entitled
to a pension or disability compensation, and who performs duty
for which the Reserve is entitled to compensation, may elect to
receive for that duty either--
``(1) the pension or disability compensation to
which the Reserve is entitled because of the Reserve's
earlier military service; or
``(2) if the Reserve specifically waives those
payments, the pay and allowances authorized by law for
the duty that the Reserve is performing.''.
(c) Additional Conforming and Modernizing Amendments.--
Subsection (c) of such section, as redesignated by subsection
(b)(1) of this section, is amended--
(1) by striking ``(a)(2)'' both places it appears
and inserting ``(a)(1) or (b)(2), as applicable,'';
(2) by striking ``his earlier military service''
the first place it appears and inserting ``a Reserve's
earlier military service'';
(3) by striking ``his earlier military service''
each other place it appears and inserting ``the
Reserve's earlier military service'';
(4) by striking ``he is entitled'' and inserting
``the Reserve is entitled''; and
(5) by striking ``the member or his dependents''
and inserting ``the Reserve or the Reserve's
dependents''.
(d) Procedures.--Such section is further amended by adding
at the end the following new subsection:
``(d) The Secretary of Defense shall prescribe regulations
under which a Reserve of the Army, Navy, Air Force, Marine
Corps, or Coast Guard may waive the pay and allowances
authorized by law for the duty the Reserve is performing under
subsection (a)(2) or (b)(2).''.
(e) Effective Date.--The amendments made by this section
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 622. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE
MEMBERS FOR SPOUSE RELICENSING COSTS PURSUANT TO A
PERMANENT CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Reimbursement of Qualifying Spouse Relicensing Costs
Incident to a Member's Permanent Change of Station or
Assignment.--(1) From amounts otherwise made available for a
fiscal year to provide travel and transportation allowances
under this chapter, the Secretary concerned may reimburse a
member of the uniformed services for qualified relicensing
costs of the spouse of the member when--
``(A) the member is reassigned, either as a
permanent change of station or permanent change of
assignment, between duty stations located in separate
jurisdictions with unique licensing or certification
requirements and authorities; and
``(B) the movement of the member's dependents is
authorized at the expense of the United States under
this section as part of the reassignment.
``(2) Reimbursement provided to a member under this
subsection may not exceed $1000 in connection with each
reassignment described in paragraph (1).
``(3) No reimbursement may be provided under this
subsection for qualified relicensing costs paid or incurred
after December 31, 2024.
``(4) In this subsection, the term `qualified relicensing
costs' means costs, including exam, continuing education
courses, and registration fees, incurred by the spouse of a
member if--
``(A) the spouse was licensed or certified in a
profession during the member's previous duty assignment
and requires a new license or certification to engage
in that profession in a new jurisdiction because of
movement described in paragraph (1)(B) in connection
with the member's change in duty location pursuant to
reassignment described in paragraph (1)(A); and
``(B) the costs were incurred or paid to secure or
maintain the license or certification from the new
jurisdiction in connection with such reassignment.''.
(b) Repeal of Superseded Authority.--Section 476 of such
title is amended by striking subsection (p).
SEC. 623. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES.
Section 623(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by striking
``the date of the enactment of this Act'' and inserting ``May
1, 2017''.
SEC. 624. EXPANSION OF ASSISTANCE FOR GOLD STAR SPOUSES AND OTHER
DEPENDENTS.
Section 633(a) of the National Defense Authorization Act
for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(2) by inserting ``(1)'' before ``Each Secretary'';
(3) in the matter preceding paragraph (1), by
inserting ``a casualty assistance officer who is''
after ``jurisdiction of such Secretary'';
(4) by striking ``spouses and other dependents of
members'' and all that follows through ``services:''
and inserting an em dash; and
(5) by inserting before subparagraph (A), as
redesignated, the following:
``(A) a spouse and any other dependent of a member
of such Armed Force (including the reserve components
thereof) who dies on active duty; and
``(B) a dependent described in subparagraph (A) if
the spouse of the deceased member dies and the
dependent (or the guardian of such dependent) requests
such assistance.
``(2) Casualty assistance officers described in paragraph
(1) shall provide to spouses and dependents described in that
paragraph the following services:''.
SEC. 625. GOLD STAR FAMILIES PARKS PASS.
(a) In General.--Section 805(b) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6804(b)) is amended by
adding at the end the following:
``(3) Gold star families parks pass.--The Secretary
shall make the National Parks and Federal Recreational
Lands Pass available, at no cost, to members of Gold
Star Families who meet the eligibility requirements of
section 3.2 of Department of Defense Instruction
1348.36 (or a successor instruction).''.
(b) Technical and Conforming Amendments.--Section 805 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804)
is amended--
(1) in subsection (a)(7), in the first sentence, by
striking ``age and disability''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), in the second
sentence, in the matter preceding clause (i),
by striking ``this subsection'' and inserting
``this paragraph''; and
(B) in paragraph (2), in the second
sentence, by striking ``this subsection'' and
inserting ``this paragraph''.
SEC. 626. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD
CARE SERVICES AND YOUTH PROGRAM SERVICES FOR
DEPENDENTS.
(a) In General.--Not later than July 1, 2021, the Secretary
of Defense shall develop a method by which to determine and
implement appropriate amounts of financial assistance under
section 1798 of title 10, United States Code. In such
development, the Secretary shall take into consideration the
following:
(1) Grades of members of the Armed Forces.
(2) The cost of living in an applicable locale.
(3) Whether a military installation has a military
child development center, including any wait list
length.
(4) Whether a military child development center has
vacant child care employee positions.
(5) The capacity of licensed civilian child care
providers in an applicable locale.
(6) The average cost of licensed civilian child
care services available in an applicable locale.
(7) The sufficiency of the stipend furnished by the
Secretary to members of the Armed Forces for civilian
child care.
(b) Report.--Not later than August 1, 2021, the Secretary
shall submit a report the Committees on Armed Services of the
Senate and the House of Representatives on the method developed
under this section.
(c) Definitions.--In this section, the terms ``child care
employee'' and ``military child development center'' have the
meanings given those terms in section 1800 of title 10, United
States Code.
SEC. 627. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A MEMBER OF
THE ARMED FORCES WHOSE SPOUSE AGREES TO PROVIDE
FAMILY HOME DAY CARE SERVICES.
(a) Priority.--If the Secretary of a military department
determines that not enough child care employees are employed at
a military child development center on a military installation
under the jurisdiction of that Secretary to adequately care for
the children of members of the Armed Forces stationed at that
military installation, the Secretary, to the extent
practicable, may give priority for covered military family
housing to a member whose spouse is an eligible military
spouse.
(b) Number of Priority Positions.--A Secretary of a
military department may grant priority under subsection (a)
only to the minimum number of eligible military spouses that
the Secretary determines necessary to provide adequate child
care to the children of members stationed at a military
installation described in subsection (a).
(c) Limitation.--Nothing in this section may be construed
to require the Secretary of a military department to provide
covered military family housing that has been adapted for
disabled individuals to a member under this section instead of
to a member with one more dependents enrolled in the
Exceptional Family Member Program.
(d) Result of Failure To Provide Family Home Day Care
Services or Loss of Eligibility.--The Secretary of the military
department concerned may remove a household provided covered
military family housing under this section therefrom if the
Secretary determines the spouse of that member has failed to
abide by an agreement described in subsection (e)(3) or has
ceased to be an eligible military spouse. Such removal may not
occur sooner than 60 days after the date of such determination.
(e) Definitions.--In this section:
(1) The terms ``child care employee'', ``family
home day care'', and ``military child development
center'' have the meanings given those terms in section
1800 of title 10, United States Code.
(2) The term ``covered military family housing''
means military family housing--
(A) located on a military installation
described in subsection (a); and
(B) that the Secretary of the military
department concerned determines is large enough
to provide family home day care services to no
fewer than six children (not including children
in the household of the eligible military
spouse).
(3) The term ``eligible military spouse'' means a
military spouse who--
(A) is eligible for military family
housing;
(B) is eligible to provide family home day
care services;
(C) has provided family home day care
services for at least one year; and
(D) agrees in writing to provide family
home day care services in covered military
family housing for a period not shorter than
one year.
SEC. 628. STUDY ON FEASIBILITY AND ADVISABILITY OF TSP CONTRIBUTIONS BY
MILITARY SPOUSES.
(a) Study Required.--The Secretary of Defense shall conduct
a study on the feasibility and advisability of potential
enhancements to the military Thrift Savings Plan administered
by the Federal Retirement Thrift Investment Board.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An evaluation of the effect of allowing
military spouses to contribute or make eligible
retirement account transfers to the military Thrift
Savings Plan account of the member of the Armed Forces
to whom that military spouse in married.
(2) Legislation the Secretary determines necessary
to permit contributions and transfers described in
paragraph (1).
(c) Reporting.--
(1) Initial report.--Not later than February 1,
2021, the Secretary of Defense shall submit to the
Committee on Homeland Security & Governmental Affairs
of the Senate, the Committee on Oversight and Reform of
the House of Representatives, and the Federal
Retirement Thrift Investment Board, a report on the
results of the study under subsection (a).
(2) Analysis.--Not later than 60 days after
receiving the report under paragraph (1), the Federal
Thrift Savings Retirement Board shall analyze the
report under paragraph (1), generate recommendations
and comments it determines appropriate, and submit such
analysis, recommendations, and comments to the
Secretary.
(3) Final report.--Not later than April 1, 2021,
the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives--
(A) the report under paragraph (1);
(B) the analysis, recommendations, and
comments under paragraph (2); and
(C) the recommendations of the Secretary
regarding elements described in subsection (b).
SEC. 629. REPORT ON IMPLICATIONS OF EXPANSION OF AUTHORITY TO PROVIDE
FINANCIAL ASSISTANCE TO CIVILIAN PROVIDERS OF CHILD
CARE SERVICES OR YOUTH PROGRAM SERVICES FOR
SURVIVORS OF MEMBERS OF THE ARMED FORCES WHO DIE IN
THE LINE OF DUTY.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the implications of expansion of the authority under section
1798 of title 10, United States Code, to provide financial
assistance to civilian providers of child care services or
youth program services for survivors of members of the Armed
Forces who die in the line of duty, without regard to whether
such deaths occurred in combat-related incidents.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An analysis of data during the five years
preceding the date of the report that regarding the
number of--
(A) members of the Armed Forces who died in
the line of duty; and
(B) dependents of such members who would be
eligible for services described in subsection
(a).
(2) The estimated cost of the expansion described
in subsection (a).
(3) An assessment of how such expansion would
affect the availability of such services for children
of members of the Armed Forces on active duty,
particularly in areas where demand for such services by
such members is greatest.
(4) An assessment of existing programs of the
Department of Defense that provide financial assistance
described in subsection (a).
(5) Recommendations for legislative or
administrative action to expand the provision of
services described in subsection (a).
SEC. 629A. REPORT ON EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR
SURVIVING REMARRIED SPOUSES WITH DEPENDENT CHILDREN
OF MEMBERS OF THE ARMED FORCES WHO DIE WHILE ON
ACTIVE DUTY OR CERTAIN RESERVE DUTY.
(a) Report Required.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on procedures of the
Department of Defense by which an eligible remarried spouse may
obtain access, as appropriate, to a military installation in
order to use a commissary store or MWR retail facility.
(b) Elements.-- The report under this section shall include
the following:
(1) Procedures by which an eligible remarried
spouse may obtain a personal agent designation.
(2) Administrative requirements for an eligible
remarried spouse to obtain access described in
subsection (a).
(3) An assessment of the consistency of procedures
described in subsection (a) across--
(A) the Armed Forces; and
(B) installations of the Department of
Defense.
(4) Security considerations arising from granting
access described in subsection (a).
(5) Other matters the Secretary of Defense
determines appropriate.
(c) Deadline.--The Secretary shall submit the report under
this section not later than March 1, 2021.
(d) Definitions.--In this section:
(1) The term ``eligible remarried spouse'' means an
individual who is a surviving former spouse of a
covered member of the Armed Forces, who has remarried
after the death of the covered member of the Armed
Forces and has guardianship of dependent children of
the deceased member;
(2) The term ``covered member of the Armed Forces''
means a member of the Armed Forces who dies while
serving--
(A) on active duty; or
(B) on such reserve duty as the Secretary
of Defense and the Secretary of Homeland
Security may jointly specify for purposes of
this section.
(3) The term ``MWR retail facility'' has the
meaning given that term in section 1063 of title 10,
United States Code.
Subtitle D--Defense Resale Matters
SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS.
(a) In General.--Chapter 54 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1066. Use of commissary stores and MWR facilities: protective
services civilian employees
``(a) Eligibility of Protective Services Civilian
Employees.--An individual employed as a protective services
civilian employee at a military installation may be permitted
to purchase food and hygiene items at a commissary store or MWR
retail facility located on that military installation.
``(b) User Fee Authority.--(1) The Secretary of Defense
shall prescribe regulations that impose a user fee on
individuals who are eligible solely under this section to
purchase merchandise at a commissary store or MWR retail
facility.
``(2) The Secretary shall set the user fee under this
subsection at a rate that the Secretary determines will offset
any increase in expenses arising from this section borne by the
Department of the Treasury on behalf of commissary stores
associated with the use of credit or debit cards for customer
purchases, including expenses related to card network use and
related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant
to a user fee under this subsection in the General Fund of the
Treasury.
``(4) Any fee under this subsection is in addition to the
uniform surcharge under section 2484(d) of this title.
``(c) Definitions.--In this section:
``(1) The term `MWR retail facility' has the
meaning given that term in section 1063 of this title.
``(2) The term `protective services civilian
employee' means a position in any of the following
series (or successor classifications) of the General
Schedule:
``(A) Security Administration (GS-0080).
``(B) Fire Protection and Prevention (GS-
0081).
``(C) Police (GS-0083).
``(D) Security Guard (GS-0085).
``(E) Emergency Management (GS-0089).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 54 of title 10, United States Code, is
amended by adding at the end the following new item:
``1066. Use of commissary stores and MWR facilities: protective services
civilian employees.''.
SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES.
Section 1146 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Emergency Response Providers During a Declared Major
Disaster or Emergency.--The Secretary of Defense may prescribe
regulations to allow an emergency response provider (as that
term is defined in section 2 of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 101)) to use a mobile
commissary or exchange store deployed to an area covered by a
declaration of a major disaster or emergency under section 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).''.
SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE
DEFENSE RESALE SYSTEM.
(a) In General.--Not later than March 1, 2021, the Chief
Management Officer of the Department of Defense, in
coordination with the Undersecretary of Defense for Personnel
and Readiness, shall update the study titled ``Study to
Determine the Feasibility of Consolidation of the Defense
Resale Entities'' and dated December 4, 2018, to include a new
business case analysis that--
(1) establishes new baselines for--
(A) savings from the costs of goods sold;
(B) costs of new information technology
required for such consolidation; and
(C) costs of headquarters relocation
arising from such consolidation; and
(2) addresses each recommendation for executive
action in the Government Accountability Office report
GAO-20-418SU.
(b) Review and Comment.--Not later than April 1, 2021, the
Secretary of Defense shall make the updated business case
analysis (in this section referred to as the ``updated BCA'')
available to the Secretaries of the military departments for
comment.
(c) Submittal to Congressional Committees.--Not later than
June 1, 2021, the Secretary of Defense shall make any comments
made under subsection (b) and the updated BCA available to the
Committees on Armed Services of the Senate and the House of
Representatives.
(d) Delay of Consolidation.--The Secretary of Defense may
not take any action to consolidate military exchanges and
commissaries until the Committees on Armed Services of the
Senate and the House of Representatives notify the Secretary in
writing of receipt and acceptance of the updated BCA.
Subtitle E--Other Personnel Rights and Benefits
SEC. 641. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE MEMBERS
OF THE UNIFORMED SERVICES.
(a) Clarification of Activities for Which Approval
Required.--Section 908 of title 37, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (b)''
and inserting ``subsections (b) and
(c)''; and
(ii) by inserting ``, accepting
payment for speeches, travel, meals,
lodging, or registration fees, or
accepting a non-cash award,'' after
``that employment)''; and
(B) in paragraph (2), by striking ``armed
forces'' and inserting ``armed forces, except
members serving on active duty under a call or
order to active duty for a period in excess of
30 days'';
(2) in the heading of subsection (b), by inserting
``for Employment and Compensation'' after ``Approval
Required'';
(3) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(4) by inserting after subsection (b) the following
new subsection (c):
``(c) Approval Required for Certain Payments and Awards.--A
person described in subsection (a) may accept payment for
speeches, travel, meals, lodging, or registration fees
described in that subsection, or accept a non-cash award
described in that subsection, only if the Secretary concerned
approves the payment or award.''.
(b) Annual Reports on Approvals.--Subsection (d) of such
section, as redesignated by subsection (a)(3) of this section,
is amended--
(1) by inserting ``(1)'' before ``Not later than'';
(2) in paragraph (1), as designated by paragraph
(1) of this subsection, by inserting ``, and each
approval under subsection (c) for a payment or award
described in subsection (a),'' after ``in subsection
(a)''; and
(3) by adding at the end the following new
paragraph:
``(2) The report under paragraph (1) on an approval
described in that paragraph with respect to an officer shall
set forth the following:
``(A) The foreign government providing the
employment or compensation or payment or award.
``(B) The duties, if any, to be performed in
connection with the employment or compensation or
payment or award.
``(C) The total amount of compensation, if any, or
payment to be provided.''.
(c) Conforming Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 908. Reserves and retired members: acceptance of employment,
payments, and awards from foreign governments''.
(2) Table of sections.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 908 and inserting
the following new item:
``908. Reserves and retired members: acceptance of employment, payments,
and awards from foreign governments.''.
SEC. 642. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE GOVERNMENT
LODGING PROGRAM.
(a) Permanent Authority.--Section 914 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (5 U.S.C. 5911 note) is amended--
(1) in subsection (a), by striking ``, for the
period of time described in subsection (b),''; and
(2) by striking subsection (b).
(b) Temporary Exclusion of Certain Shipyard Employees.--
Such section is further amended by inserting after subsection
(a) the following new subsection (b):
``(b) Temporary Exclusion of Certain Shipyard Employees.--
``(1) In general.--In carrying out a Government
lodging program under subsection (a), the Secretary
shall exclude from the requirements of the program
employees who are traveling for the performance of
mission functions of a public shipyard of the
Department if the Secretary determines such
requirements would adversely affect the purpose or
mission of such travel.
``(2) Termination.--This subsection shall terminate
on September 30, 2023.''.
(c) Conforming Amendment.--The heading of such section is
amended to read as follows:
``SEC. 914. GOVERNMENT LODGING PROGRAM.''.
SEC. 643. OPERATION OF STARS AND STRIPES.
(a) Operation.--Subject to appropriations, the Secretary of
Defense may not cease operation and maintenance of Stars and
Stripes until 180 days after the date on which the Secretary
submits to the Committees on Armed Service of the Senate and
the House of Representatives notice of the proposed cessation
of such operation and maintenance.
(b) Report on Business Case Analysis.--Not later than March
1, 2021, the Secretary of Defense, in coordination with the
editor of Stars and Stripes, shall submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives detailing the business case analysis for
various options for Stars and Stripes. The report shall contain
the following elements:
(1) An analysis of the pros and cons of, and
business case for, continuing the operation and
publication of Stars and Stripes at its current levels,
including other options for the independent reporting
currently provided, especially in a deployed
environment.
(2) An analysis of the modes of communication used
by Stars and Stripes.
(3) An analysis of potential reduced operations of
Stars and Stripes.
(4) An analysis of the operation of Stars and
Stripes solely as a non-appropriated fund entity.
(5) An analysis of operating Stars and Stripes as a
category B morale, welfare, and recreation entity.
(6) An assessment of the value of the availability
of Stars and Stripes (in print or an electronic
version) to deployed or overseas members of the Armed
Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the
reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program.
Subtitle B--Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national technology
and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the
Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements.
Sec. 717. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or
realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Subtitle C--Matters Relating to COVID-19
Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with
COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and toxic
airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-19
pandemic.
Subtitle D--Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized
military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among
military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations outside the
contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain
military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across
Armed Forces.
Sec. 757. Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of
Defense.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and
related outpatient services from Department of Veterans
Affairs to include members of reserve components of the Armed
Forces.
Sec. 763. Provision of mental health services from Department of
Veterans Affairs to members of reserve components of the Armed
Forces.
Sec. 764. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENT TO BREAST CANCER SCREENING.
Section 1074d(b)(2) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, including through the use of digital breast
tomosynthesis''.
SEC. 702. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY
MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1079b of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Waiver of Fees.--The Secretary may waive a fee that
would otherwise be charged under the procedures implemented
under subsection (a) to a civilian who is not a covered
beneficiary if--
``(1) the civilian is unable to pay for the costs
of the trauma or other medical care provided to the
civilian (including any such costs remaining after the
Secretary receives payment from an insurer for such
care, as applicable); and
``(2) the provision of such care enhances the
knowledge, skills, and abilities of health care
providers, as determined by the Secretary.''.
SEC. 703. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER TYPE
REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE
PROGRAM.
Section 1079(a)(12) of title 10, United States Code, is
amended, in the first sentence, by striking ``or certified
clinical social worker,'' and inserting ``certified clinical
social worker, or other class of provider as designated by the
Secretary of Defense,''.
SEC. 704. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE
HEALTH OPTION PROGRAM.
(a) Extended Benefits for Eligible Dependents.--Subsection
(e) of section 1079 of title 10, United States Code, is amended
to read as follows:
``(e)(1) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care services
(including services necessary to maintain, or minimize or
prevent deterioration of, function of the patient) and case
management services with respect to the qualifying condition of
such a dependent, and include, to the extent such benefits are
not provided under provisions of this chapter other than under
this section, the following:
``(A) Diagnosis and screening.
``(B) Inpatient, outpatient, and comprehensive home
health care supplies and services which may include
cost-effective and medically appropriate services other
than part-time or intermittent services (within the
meaning of such terms as used in the second sentence of
section 1861(m) of the Social Security Act (42 U.S.C.
1395x)).
``(C) Rehabilitation services and devices.
``(D) In accordance with paragraph (2), respite
care for the primary caregiver of the eligible
dependent.
``(E) In accordance with paragraph (3), service and
modification of durable equipment and assistive
technology devices.
``(F) Special education.
``(G) Vocational training, which may be furnished
to an eligible dependent in the residence of the
eligible dependent or at a facility in which such
training is provided.
``(H) Such other services and supplies as
determined appropriate by the Secretary,
notwithstanding the limitations in subsection (a)(12).
``(2) Respite care under paragraph (1)(D) shall be provided
subject to the following conditions:
``(A) Pursuant to regulations prescribed by the
Secretary for purposes of this paragraph, such respite
care shall be limited to 32 hours per month for a
primary caregiver.
``(B) Unused hours of such respite care may not be
carried over to another month.
``(C) Such respite care may be provided to an
eligible beneficiary regardless of whether the eligible
beneficiary is receiving another benefit under this
subsection.
``(3)(A) Service and modification of durable equipment and
assistive technology devices under paragraph (1)(E) may be
provided only upon determination by the Secretary that the
service or modification is necessary for the use of such
equipment or device by the eligible dependent.
``(B) Service and modification of durable equipment and
assistive technology devices under such paragraph may not be
provided--
``(i) in the case of misuse, loss, or theft of the
equipment or device; or
``(ii) for a deluxe, luxury, or immaterial feature
of the equipment or device, as determined by the
Secretary.
``(C) Service and modification of durable equipment and
assistive technology devices under such paragraph may include
training of the eligible dependent and immediate family members
of the eligible dependent on the use of the equipment or
device.''.
(b) Conforming Amendment.--Subsection (f) of section 1079
of title 10, United States Code, is amended by striking
``paragraph (3) or (4) of subsection (e)'' each place it
appears and inserting ``subparagraph (C), (E), (F), or (G) of
subsection (e)(1)''.
(c) Additional Requirements in Office of Special Needs
Annual Report.--Section 1781c(g)(2) of title 10, United States
Code, is amended--
(1) by redesignating subparagraph (C) as
subparagraph (D); and
(2) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) With respect to the Extended Care Health
Option program under section 1079(d) of this title--
``(i) the utilization rates of services
under such program by eligible dependents (as
such term is defined in such section) during
the prior year;
``(ii) a description of gaps in such
services, as ascertained by the Secretary from
information provided by families of eligible
dependents;
``(iii) an assessment of factors that
prevent knowledge of and access to such
program, including a discussion of actions the
Secretary may take to address these factors;
and
``(iv) an assessment of the average wait
time for an eligible dependent enrolled in the
program to access alternative health coverage
for a qualifying condition (as such term is
defined in such section), including a
discussion of any adverse health outcomes
associated with such wait.''.
(d) Comptroller General Report.--
(1) Submission.--Not later than April 1, 2022, the
Comptroller General of the United States shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on caregiving
available to eligible dependents under programs such as
home- and community-based services provided under State
Medicaid plans pursuant to waivers under section 1915
of the Social Security Act (42 U.S.C. 1396n) or the
Program of Comprehensive Assistance for Family
Caregivers of the Department of Veterans Affairs
established under section 1720G of title 38, United
States Code.
(2) Matters.--The report under paragraph (1) shall
include--
(A) an analysis of best practices for the
administration of programs to support
caregivers of individuals with intellectual or
physical disabilities, based on input from
payers, administrators, individuals receiving
care from such caregivers, and advocates;
(B) a comparison of the provision of
respite and related care under the Extended
Care Health Option program under section
1079(d) of title 10, United States Code, and
similar care provided under programs specified
in paragraph (1), to identify best practices
from such program and, if necessary, make
recommendations for improvement; and
(C) an analysis of the reasons eligible
dependents do not qualify for State programs
under which caregiving is available, such as
home- and community-based services provided
under State Medicaid plans as specified in
paragraph (1), with respect to the State in
which the eligible dependent is located.
(3) Eligible dependent defined.--In this
subsection, ``eligible dependent'' has the meaning
given such term in section 1079(d) of title 10, United
States Code.
SEC. 705. SALE OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
Section 1077(g) of title 10, United States Code, is
amended--
(1) by striking ``In addition'' and inserting ``(1)
In addition''; and
(2) by adding at the end the following new
paragraph:
``(2) For purposes of selling hearing aids at cost to the
United States under paragraph (1), a dependent of a member of
the reserve components who is enrolled in the TRICARE program
under section 1076d of this title shall be deemed to be a
dependent eligible for care under this section.''.
SEC. 706. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION
MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY
BENEFITS PROGRAM.
(a) Pilot Program.--
(1) Authority.--Subject to paragraph (2), the
Secretary of Defense may carry out a pilot program
under which eligible covered beneficiaries may elect to
receive non-generic prescription maintenance
medications selected by the Secretary under subsection
(c) through military medical treatment facility
pharmacies, retail pharmacies, or the national mail-
order pharmacy program, notwithstanding section
1074g(a)(9) of title 10, United States Code.
(2) Requirement.--The Secretary may carry out the
pilot program under paragraph (1) only if the Secretary
determines that the total costs to the Department of
Defense for eligible covered beneficiaries to receive
non-generic prescription maintenance medications under
the pilot program will not exceed the total costs to
the Department for such beneficiaries to receive such
medications under the national mail-order pharmacy
program pursuant to section 1074g(a)(9) of title 10,
United States Code. In making such determination, the
Secretary shall consider all manufacturer discounts,
refunds and rebates, pharmacy transaction fees, and all
other costs.
(b) Duration.--If the Secretary carries out the pilot
program under subsection (a)(1), the Secretary shall carry out
the pilot program for a three-year period beginning not later
than March 1, 2021.
(c) Selection of Medication.--If the Secretary carries out
the pilot program under subsection (a)(1), the Secretary shall
select non-generic prescription maintenance medications
described in section 1074g(a)(9)(C)(ii) of title 10, United
States Code, to be covered by the pilot program.
(d) Notification.--If the Secretary carries out the pilot
program under subsection (a)(1), in providing each eligible
covered beneficiary with an explanation of benefits, the
Secretary shall notify the beneficiary of whether the
medication that the beneficiary is prescribed is covered by the
pilot program.
(e) Briefing and Reports.--
(1) Briefing.--If the Secretary determines to carry
out the pilot program under subsection (a)(1), not
later than 90 days after the date of the enactment of
this Act, the Secretary shall provide to the Committees
on Armed Services of the House of Representatives and
the Senate a briefing on the implementation of the
pilot program.
(2) Interim report.--If the Secretary carries out
the pilot program under subsection (a)(1), not later
than 18 months after the commencement of the pilot
program, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and
the Senate a report on the pilot program.
(3) Comptroller general report.--
(A) In general.--If the Secretary carries
out the pilot program under subsection (a)(1),
not later than March 1, 2024, the Comptroller
General of the United States shall submit to
the Committees on Armed Services of the House
of Representatives and the Senate a report on
the pilot program.
(B) Elements.--The report under
subparagraph (A) shall include the following:
(i) The number of eligible covered
beneficiaries who participated in the
pilot program and an assessment of the
satisfaction of such beneficiaries with
the pilot program.
(ii) The rate by which eligible
covered beneficiaries elected to
receive non-generic prescription
maintenance medications at a retail
pharmacy pursuant to the pilot program,
and how such rate affected military
medical treatment facility pharmacies
and the national mail-order pharmacy
program.
(iii) The amount of cost savings
realized by the pilot program,
including with respect to--
(I) dispensing fees
incurred at retail pharmacies
compared to the national mail-
order pharmacy program for
brand name prescription drugs;
(II) administrative fees;
(III) any costs paid by the
United States for the drugs in
addition to the procurement
costs;
(IV) the use of military
medical treatment facilities;
and
(V) copayments paid by
eligible covered beneficiaries.
(iv) A comparison of supplemental
rebates between retail pharmacies and
other points of sale.
(f) Rule of Construction.--Nothing in this section may be
construed to affect--
(1) the ability of the Secretary to carry out
section 1074g(a)(9)(C) of title 10, United States Code,
after the date on which the pilot program is completed;
or
(2) the prices established for medications under
section 8126 of title 38, United States Code.
(g) Definitions.--In this section:
(1) The term ``eligible covered beneficiary'' has
the meaning given that term in section 1074g(i) of
title 10, United States Code.
(2) The terms ``military medical treatment facility
pharmacies'', ``retail pharmacies'', and ``the national
mail-order pharmacy program'' mean the methods for
receiving prescription drugs as described in clauses
(i), (ii), and (iii), respectively, of section
1074g(a)(2)(E) of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH
FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE
PROGRAM.
(a) Title 5.--Section 8951(8) of title 5, United States
Code, is amended by striking ``1076a or''.
(b) Title 10.--Section 1076a(b) of title 10, United States
Code, is amended to read as follow:
``(b) Administration of Plans.--The plans established under
this section shall be administered under regulations prescribed
by the Secretary of Defense in consultation with the other
administering Secretaries.''.
(c) Conforming Repeal.--Section 713 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1811) is repealed.
(d) Technical Amendment.--Section 1076a(a)(1) of title 10,
United States Code, is amended by striking the second sentence.
SEC. 712. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1073d the following
new section:
``Sec. 1073e. Protection of armed forces from infectious diseases
``(a) Protection.--The Secretary of Defense shall develop
and implement a plan to ensure that the armed forces have the
diagnostic equipment, testing capabilities, and personal
protective equipment necessary to protect members of the armed
forces from the threat of infectious diseases and to treat
members who contract infectious diseases.
``(b) Requirements.--In carrying out subsection (a), the
Secretary shall ensure the following:
``(1) Each military medical treatment facility has
the testing capabilities described in such subsection,
as appropriate for the mission of the facility.
``(2) Each deployed naval vessel has access to the
testing capabilities described in such subsection.
``(3) Members of the armed forces deployed in
support of a contingency operation outside of the
United States have access to the testing capabilities
described in such subsection, including at field
hospitals, combat support hospitals, field medical
stations, and expeditionary medical facilities.
``(4) The Department of Defense maintains--
``(A) a 30-day supply of personal
protective equipment in a quantity sufficient
for each member of the armed forces, including
the reserve components thereof; and
``(B) the capability to rapidly resupply
such equipment.
``(c) Research and Development.--(1) The Secretary shall
include with the defense budget materials (as defined by
section 231(f) of this title) for a fiscal year a plan to
research and develop vaccines, diagnostics, and therapeutics
for infectious diseases.
``(2) The Secretary shall ensure that the medical
laboratories of the Department of Defense are equipped with the
technology needed to facilitate rapid research and development
of vaccines, diagnostics, and therapeutics in the case of a
pandemic.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such chapter is amended by inserting after the
item relating to section 1073d the following new item:
``1073e. Protection of armed forces from infectious diseases.''.
SEC. 713. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL
SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) National Security Strategy for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(11) Providing for the provision of drugs,
biological products, vaccines, and critical medical
supplies required to enable combat readiness and
protect the health of the armed forces.''.
(b) Assessment.--
(1) In general.--The Secretary of Defense shall
include with the report required to be submitted in
2022 under section 2504 of title 10, United States
Code, an appendix containing an assessment of gaps or
vulnerabilities in the national technology and
industrial base (as defined by section 2500(1) of such
title) with respect to drugs, biological products,
vaccines, and critical medical supplies described in
section 2501(a)(11) of such title, as amended by
subsection (a) of this section. In carrying out such
assessment, the Secretary shall consult with the
Secretary of Health and Human Services, the
Commissioner of Food and Drugs, and the heads of other
departments and agencies of the Federal Government that
the Secretary of Defense determines appropriate.
(2) Matters included.--The assessment under
paragraph (1) shall include--
(A) an identification and origin of any
finished drugs, as identified by the Secretary
of Defense, and the essential components of
such drugs, including raw materials, chemical
components, and active pharmaceutical
ingredients that are necessary for the
manufacture of such drugs, whose supply is at
risk of disruption during a time of war or
national emergency;
(B) an identification of shortages of
finished drugs, biological products, vaccines,
and critical medical supplies essential for
combat readiness and the protection of the
health of the Armed Forces (including with
respect to any challenges or issues with the
joint deployment formulary), as identified by
the Secretary of Defense;
(C) an identification of the defense and
geopolitical contingencies that are
sufficiently likely to arise that may lead to
the discontinuance, interruption or meaningful
disruption in the supply of a drug, biological
product, vaccine, or critical medical supply,
and recommendations regarding actions the
Secretary of Defense should take to reasonably
prepare for the occurrence of such
contingencies;
(D) an identification of any barriers that
exist to manufacture finished drugs, biological
products, vaccines, and critical medical
supplies in the United States, including with
respect to regulatory barriers by the Federal
Government and whether the raw materials may be
found in the United States;
(E) an identification of potential partners
of the United States with whom the United
States can work with to realign the
manufacturing capabilities of the United States
for such finished drugs, biological products,
vaccines, and critical medical supplies;
(F) an assessment conducted by the
Secretary of Defense of the resilience and
capacity of the current supply chain and
industrial base to support national defense
upon the occurrence of the contingencies
identified in subparagraph (C), including with
respect to--
(i) the manufacturing capacity of
the United States;
(ii) gaps in domestic manufacturing
capabilities, including nonexistent,
extinct, threatened, and single-point-
of-failure capabilities;
(iii) supply chains with single
points of failure and limited
resiliency; and
(iv) economic factors, including
global competition, that threaten the
viability of domestic manufacturers;
and
(G) recommendations to enhance and
strengthen the surge requirements and readiness
contracts of the Department of Defense to
ensure the sufficiency of the stockpile of the
Department of, and the ready access by the
Department to, critical medical supplies,
pharmaceuticals, vaccines, countermeasure
prophylaxis, and personal protective equipment,
including with respect to the effectiveness of
the theater lead agent for medical materiel
program in support of the combatant commands.
(3) Submission.--In addition to including the
assessment under paragraph (1) as an appendix to the
report required to be submitted in 2022 under section
2504 of title 10, United States Code, the Secretary of
Defense shall submit such appendix separately to the
appropriate congressional committees.
(4) Form.--The assessment under paragraph (1) shall
be submitted in classified form.
(5) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means the following:
(i) The Committee on
Appropriations, the Committee on Energy
and Commerce, and the Committee on
Homeland Security of the House of
Representatives.
(ii) The Committee on
Appropriations, the Committee on
Health, Education, Labor, and Pensions,
and the Committee on Homeland Security
and Governmental Affairs of the Senate.
(B) The term ``critical medical supplies''
includes personal protective equipment,
diagnostic tests, testing supplies, and
lifesaving breathing apparatuses required to
treat severe respiratory illnesses and
distress.
SEC. 714. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
(a) Contract Authority.--Section 2113(g)(1) of title 10,
United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the
end;
(2) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(G) notwithstanding sections 2304, 2361,
and 2374 of this title, to enter into contracts
and cooperative agreements with, accept grants
from, and make grants to, nonprofit entities
(on a sole-source basis) for the purpose
specified in subparagraph (A) or for any other
purpose the Secretary determines to be
consistent with the mission of the
University.''.
(b) Rule of Construction.--Nothing in section 2113(g) of
title 10, United States Code, as amended by subsection (a),
shall be construed to limit the ability of the Secretary of
Defense, in carrying out such section, to use competitive
procedures to award contracts, cooperative agreements, or
grants.
SEC. 715. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) In General.--Section 2113a(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) the Director of the Defense Health Agency,
who shall be an ex officio member;''.
(b) Rule of Construction.--The amendments made by this
section may not be construed to invalidate any action taken by
the Uniformed Services University of the Health Sciences or its
Board of Regents prior to the effective date of this section.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2021.
SEC. 716. TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES FROM CERTAIN PAPERWORK REDUCTION
ACT REQUIREMENTS.
(a) Temporary Exemption From Certain Paperwork Reduction
Act Requirements.--
(1) In general.--During the two-year period
beginning on the date that is 30 days after the date of
the enactment of this Act, the requirements described
in paragraph (2) shall not apply with respect to the
voluntary collection of information during the conduct
of research and program evaluations--
(A) conducted or sponsored by the Uniformed
Services University of the Health Sciences; and
(B) funded through the Defense Health
Program.
(2) Requirements described.--The requirements
described in this paragraph are the requirements under
the following provisions of law:
(A) Section 3506(c) of title 44, United
States Code.
(B) Sections 3507 and 3508 of such title.
(b) Reports.--
(1) Interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the preliminary findings with
respect to--
(A) the estimated time saved by the
Uniformed Services University of the Health
Sciences (if applicable) by reason of the
exemption under paragraph (1) of subsection (a)
to requirements described in paragraph (2) of
such subsection;
(B) the research within the scope of such
exemption that has been initiated, is ongoing,
or has been completed during the period in
which the exemption is in effect;
(C) the estimated cost savings by the
University that can be attributed to such
exemption; and
(D) the additional burdens upon the
research subjects of the University that are
attributable to such exemption.
(2) Updated report.--Not later than two years after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional
committees a report containing--
(A) updated information with respect to the
matters under paragraph (1); and
(B) any recommendations with respect to
policy or legislative actions regarding the
exemption under paragraph (1) of subsection (a)
to requirements described in paragraph (2) of
such subsection.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Oversight and Reform of the House of
Representatives; and
(2) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
SEC. 717. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR REDUCTION OF
MILITARY MEDICAL MANNING END STRENGTH.
Section 719 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454) is
amended--
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ``may not realign or reduce
military medical end strength authorizations until''
and inserting the following: ``may not realign or
reduce military medical end strength authorizations
during the 180 days following the date of the enactment
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, and after such
period, may not realign or reduce such authorizations
unless''; and
(2) in subsection (b)(1), by inserting before the
period at the end the following: ``, including with
respect to both the homeland defense mission and
pandemic influenza''.
SEC. 718. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR
REALIGNMENT OF MILITARY MEDICAL TREATMENT
FACILITIES.
Section 703(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2199) is
amended--
(1) in paragraph (2), by striking subparagraph (D)
and inserting the following new subparagraph:
``(D) A description of how the Secretary
will carry out subsection (b), including, with
respect to each affected military medical
treatment facility, a description of--
``(i) the elements required for
health care providers to accept and
transition covered beneficiaries to the
purchased care component of the TRICARE
program;
``(ii) a method to monitor and
report on quality benchmarks for the
beneficiary population that will be
required to transition to such
component of the TRICARE program; and
``(iii) a process by which the
Director of the Defense Health Agency
will ensure that such component of the
TRICARE program has the required
capacity.''; and
(2) by adding at the end the following new
paragraph:
``(4) Notice and wait.--The Secretary may not
implement the plan under paragraph (1) unless--
``(A) the Secretary has submitted the plan
to the congressional defense committees;
``(B) the Secretary has certified to the
congressional defense committees that, pursuant
to subsection (b), if a proposed restructure,
realignment, or modification will eliminate the
ability of a covered beneficiary to access
health care services at a military medical
treatment facility, the covered beneficiary
will be able to access such health care
services through the purchased care component
of the TRICARE program; and
``(C) a 180-day period has elapsed
following the later of--
``(i) the date on which the
congressional defense committees have
received both the implementation plan
under subparagraph (A) and the notice
of certification under subparagraph
(B); or
``(ii) the date of the enactment of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021.''.
SEC. 719. POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY.
(a) Requirement.--The Secretary of Defense shall develop a
policy and tracking mechanism to monitor and provide oversight
of opioid prescribing to ensure that the provider practices of
medication-prescribing health professionals across the military
health system conform with--
(1) the clinical practice guidelines of the
Department of Defense and the Department of Veterans
Affairs; and
(2) the prescribing guidelines published by the
Centers for Disease Control and Prevention and the Food
and Drug Administration.
(b) Elements.--The requirements under subsection (a) shall
include the following:
(1) Providing oversight and accountability of
opioid prescribing practices that are outside of the
recommended parameters for dosage, supply, and duration
as identified in the guideline published by the Centers
for Disease Control and Prevention titled ``CDC
Guideline for Prescribing Opioids for Chronic Pain--
United States, 2016'', or such successor guideline, and
the guideline published by the Department of Defense
and Department of Veterans Affairs titled ``DoD/VA
Management of Opioid Therapy (OT) for Chronic Pain
Clinical Practice Guideline, 2017'' or such successor
guideline.
(2) Implementing oversight and accountability
responsibilities for opioid prescribing safety as
specified in paragraph (1).
(3) Implementing systems to ensure that the
prescriptions in the military health system data
repository are appropriately documented and that the
processing date and the metric quantity field for
opioid prescriptions in liquid form are consistent
within the electronic health record system known as
``MHS GENESIS''.
(4) Implementing opioid prescribing controls within
the electronic health record system known as ``MHS
GENESIS'' and document if an overdose reversal drug was
co-prescribed.
(5) Developing metrics that can be used by the
Defense Health Agency and each military medical
treatment facility to actively monitor and limit the
overprescribing of opioids and to monitor the co-
prescribing of overdose reversal drugs as accessible
interventions.
(6) Developing a report that tracks progression
toward reduced levels of opioid use and includes an
identification of prevention best practices established
by the Department.
(7) Developing and implementing a plan to improve
communication and value-based initiatives between
pharmacists and medication-prescribing health
professionals across the military health system.
SEC. 720. ADDITION OF BURN PIT REGISTRATION AND OTHER INFORMATION TO
ELECTRONIC HEALTH RECORDS OF MEMBERS OF THE ARMED
FORCES.
(a) Updates to Electronic Health Records.--Beginning not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall ensure that--
(1) the electronic health record maintained by the
Secretary for a member of the Armed Forces registered
with the Airborne Hazards and Open Burn Pit Registry is
updated with any information contained in such registry
with respect to the member; and
(2) any occupational or environmental health
exposure recorded in the Defense Occupational and
Environmental Health Readiness System (or any successor
system) is linked to the electronic health record
system of the Department of Defense to notify health
professionals treating a member specified in paragraph
(1) of any such exposure recorded for the member.
(b) Airborne Hazards and Open Burn Pit Registry Defined.--
In this section, the term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note).
SEC. 721. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN
POSTDEPLOYMENT HEALTH REASSESSMENTS.
(a) In General.--The Secretary of Defense shall include in
postdeployment health reassessments conducted under section
1074f of title 10, United States Code, pursuant to a Department
of Defense Form 2796, or successor form, an explicit question
regarding exposure of members of the Armed Forces to open burn
pits.
(b) Inclusion in Assessments by Military Departments.--The
Secretary of Defense shall ensure that the Secretary of each
military department includes a question regarding exposure of
members of the Armed Forces to open burn pits in any electronic
postdeployment health assessment conducted by that military
department.
(c) Open Burn Pit Defined.--In this section, the term
``open burn pit'' has the meaning given that term in section
201(c) of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
Subtitle C--Matters Relating to COVID-19
SEC. 731. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL.
(a) Establishment.--The Secretary of Defense shall
establish a panel to be known as the ``COVID-19 Military Health
System Review Panel'' (in this section referred to as the
``panel'').
(b) Composition.--
(1) Members.--The panel shall be composed of the
following members:
(A) The President of the Uniformed Services
University of the Health Sciences.
(B) The Director of the Defense Health
Agency.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) The Joint Staff Surgeon.
(G) The Deputy Assistant Secretary of
Defense for Health Readiness Policy and
Oversight.
(H) The Deputy Assistant Secretary of
Defense for Health Resources Management and
Policy.
(2) Chairperson.--The chairperson of the panel
shall be the President of the Uniformed Services
University of the Health Sciences.
(3) Terms.--Each member shall be appointed for the
life of the panel.
(c) Duties.--
(1) In general.--The panel shall--
(A) review the response of the military
health system to the coronavirus disease 2019
(COVID-19) and the effects of COVID-19 on such
system, including by analyzing any strengths or
weaknesses of such system identified as a
result COVID-19; and
(B) using information from the review, make
such recommendations as the panel considers
appropriate with respect to any policy,
practice, organization, manning level, funding
level, or legislative authority relating to the
military health system.
(2) Elements of review.--In conducting the review
under paragraph (1), each member of the panel shall
lead a review of at least one of the following
elements, with respect to the military health system:
(A) Policy, including any policy relating
to force health protection or medical standards
for the appointment, enlistment, or induction
of individuals into the Armed Forces.
(B) Public health activities, including any
activity relating to risk communication,
surveillance, or contact tracing.
(C) Research, diagnostics, and
therapeutics.
(D) Logistics and technology.
(E) Force structure and manning.
(F) Governance and organization.
(G) Operational capabilities and
operational support.
(H) Education and training.
(I) Health benefits under the TRICARE
program.
(J) Engagement and security activities
relating to global health.
(K) The financial impact of COVID-19 on the
military health system.
(d) Report.--Not later than June 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report that includes the findings of the panel as a result of
the review under subsection (c)(1)(A) and such recommendations
as the panel considers appropriate under subsection (c)(1)(B).
(e) Termination.--The panel shall terminate on June 1,
2021.
SEC. 732. DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS.
(a) Strategy.--The Secretary of Defense shall develop a
strategy for pandemic preparedness and response that includes
the following:
(1) Identification of activities necessary to be
carried out prior to a pandemic to ensure preparedness
and effective communication of roles and
responsibilities within the Department of Defense,
including--
(A) reviewing the frequency of each
exercise conducted by the Department, a
military department, or Defense Agency that
relates to a pandemic or severe influenza
season or related force health protection
scenario;
(B) ensuring such exercises are
appropriately planned, resourced, and
practiced;
(C) including a consideration of the
capabilities and capacities necessary to carry
out the strategy under this section, and
related operations for force health protection,
and ensuring that these are included in each
cost evaluation, Defense-wide review, or
manning assessment of the Department of Defense
that affects such capabilities and capacities;
(D) reviewing the placement, exploring
broader utilization of global health engagement
liaisons, and increasing the scope of global
health activities of the Department of Defense;
(E) assessing a potential career track
relating to health protection research for
members of the Armed Forces and civilian
employees of the Department of Defense;
(F) providing to members of the Armed
Forces guidance on force health protection
prior to and during a pandemic or severe
influenza season, including guidance on
specific behaviors or actions required, such as
self-isolating, social distancing, and
additional protective measures to be carried
out after contracting a novel virus or
influenza;
(G) reviewing and updating the inventory of
medical supplies and equipment of the
Department of Defense that is available for
operational support to the combatant commands
prior to and during a pandemic (such as
vaccines, biologics, drugs, preventive
medicine, antiviral medicine, and equipment
relating to trauma support), including a review
of--
(i) the sufficiency of
prepositioned stocks; and
(ii) the effectiveness of the
Warstopper Program of the Defense
Logistics Agency, or such successor
program;
(H) reviewing and updating distribution
plans of the Department of Defense for critical
medical supplies and equipment within the
inventory of the Department of Defense,
including vaccines and antiviral medicines; and
(I) reviewing and updating research on
infectious diseases and preventive medicine
conducted by the military health system,
including research conducted by the Health
Related Communities of Interest of the
Department of Defense, the Joint Program
Committees, the overseas medical laboratories
of the Department of Defense, the Armed Forces
Health Surveillance Branch, or other elements
of the Department of Defense that conduct
research in support of members of the Armed
Forces or beneficiaries under the TRICARE
program.
(2) Review of Department of Defense systems for
health surveillance and detection to ensure continuous
situational awareness and early warning with respect to
a pandemic, including a review of--
(A) the levels of funding and investment,
and the overall value, of the Global Emerging
Infections Surveillance and Response System of
the Department of Defense, including the value
demonstrated by the role of such system in--
(i) improving the Department of
Defense prevention and surveillance of,
and the response to, infectious
diseases that may impact members of the
Armed Forces;
(ii) informing decisions relating
to force health protection across the
geographic combatant commands;
(iii) ensuring laboratory readiness
to support pandemic response efforts
and to understand infectious disease
threats to the Armed Forces; and
(iv) coordinating and collaborating
with partners, such as the geographic
combatant commands, other Federal
agencies, and international partners;
(B) the levels of funding and investment,
and the overall value, of the overseas medical
laboratories of the Department of Defense,
including the value demonstrated by the role of
such laboratories in conducting research and
forming partnerships with other elements of the
Department of Defense, other Federal agencies,
international partners in the country in which
such laboratory is located, and, as applicable,
the private sector of the United States; and
(C) the levels of funding and investment,
and the overall value, of the Direct HIV/AIDS
Prevention Program of the Department of
Defense, including the value demonstrated by
the role of such program in developing (in
coordination with other Federal agencies)
programs for the prevention, care, and
treatment of the human immunodeficiency virus
infection and acquired immune deficiency
syndrome.
(3) Identification of activities to limit the
spread of an infectious disease outbreak among members
of the Armed Forces and beneficiaries under the TRICARE
program, including activities to mitigate the health,
social, and economic impacts of a pandemic on such
members and beneficiaries, including by--
(A) reviewing the role of the Department of
Defense in the National Disaster Medical System
under section 2812 of the Public Health Service
Act (42 U.S.C. 300hh-11) and implementing plans
across the Department that leverage medical
facilities, personnel, and response
capabilities of the Federal Government to
support requirements under such Act relating to
medical surge capacity;
(B) determining the range of public health
capacity, medical surge capacity,
administrative capacity, and veterinary
capacity necessary for the Armed Forces to--
(i) support operations during a
pandemic; and
(ii) develop mechanisms to reshape
force structure during such pandemic as
necessary (contingent upon primary
mission requirements); and
(C) determining the range of activities for
operational medical support and infrastructure
sustainment that the Department of Defense and
other Federal agencies have the capacity to
implement during a pandemic (contingent upon
primary mission requirements), and develop
plans for the implementation of such
activities.
(b) Study on Response to COVID-19.--In addition to the
review under section 731, the Secretary shall conduct a study
on the response of the military health system to the
coronavirus disease 2019 (COVID-19).
(c) Report.--Not later than June 1, 2021, the Secretary
shall submit to the congressional defense committees a report
containing--
(1) the strategy under subsection (a); and
(2) the study under subsection (b), including any
findings or recommendations from the study that relate
to an element of the strategy under subsection (a),
such as recommended changes to policy, funding,
practices, manning, organization, or legislative
authority.
SEC. 733. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE
NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO
THE CORONAVIRUS (COVID-19).
(a) In General.--The Secretary of Defense shall provide to
a member of the National Guard separating from active service
after serving on full-time National Guard duty pursuant to
section 502(f) of title 32, United States Code, the health
benefits authorized under section 1145 of title 10, United
States Code, for a member of a reserve component separating
from active duty, as referred to in subsection (a)(2)(B) of
such section 1145, if the active service from which the member
of the National Guard is separating was in support of the whole
of government response to the coronavirus (COVID-19).
(b) Definitions.--In this section, the terms ``active
duty'', ``active service'', and ``full-time National Guard
duty'' have the meanings given those terms in section 101(d) of
title 10, United States Code.
SEC. 734. REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH
COVID-19.
(a) Establishment.--Not later than June 1, 2021, and
subject to subsection (b), the Secretary of Defense shall
establish and maintain a registry of covered TRICARE
beneficiaries who have been diagnosed with COVID-19.
(b) Right of Beneficiary to Opt Out.--A covered TRICARE
beneficiary may elect to opt out of inclusion in the registry
under subsection (a).
(c) Contents.--The registry under subsection (a) shall
include, with respect to each covered TRICARE beneficiary
included in the registry, the following:
(1) The demographic information of the beneficiary.
(2) Information on the industrial or occupational
history of the beneficiary, to the extent such
information is available in the records regarding the
COVID-19 diagnosis of the beneficiary.
(3) Administrative information regarding the COVID-
19 diagnosis of the beneficiary, including the date of
the diagnosis and the location and source of the test
used to make the diagnosis.
(4) Any symptoms of COVID-19 manifested in the
beneficiary.
(5) Any treatments for COVID-19 taken by the
beneficiary, or other medications taken by the
beneficiary, when the beneficiary was diagnosed with
COVID-19.
(6) Any pathological data characterizing the
incidence of COVID-19 and the type of treatment for
COVID-19 provided to the beneficiary.
(7) Information on any respiratory illness of the
beneficiary recorded prior to the COVID-19 diagnosis of
the beneficiary.
(8) Any information regarding the beneficiary
contained in the Airborne Hazards and Open Burn Pit
Registry established under section 201 of the Dignified
Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 38 U.S.C. 527 note).
(9) Any other information determined appropriate by
the Secretary.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on establishing the registry under
subsection (a), including--
(1) a plan to implement the registry;
(2) the cost of implementing the registry;
(3) the location of the registry; and
(4) any recommended legislative changes with
respect to establishing the registry.
(e) Covered TRICARE Beneficiary Defined.--In this section,
the term ``covered TRICARE beneficiary'' means an individual
who is enrolled in the direct care system under the TRICARE
program and is treated for or diagnosed with COVID-19 at a
military medical treatment facility.
SEC. 735. HEALTH ASSESSMENTS OF VETERANS DIAGNOSED WITH PANDEMIC
DISEASES TO DETERMINE EXPOSURE TO OPEN BURN PITS
AND TOXIC AIRBORNE CHEMICALS.
(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals
or Other Airborne Contaminants as Part of Health Assessments
for Veterans During a Pandemic and Inclusion of Information in
Registry.--
(1) Health assessments and physical examinations.--
The Secretary of Veterans Affairs shall ensure that the
first health assessment or physical examination
furnished to a veteran under the laws administered by
the Secretary after the veteran tests positive for a
pathogen, such as a virus, with respect to which a
public health emergency has been declared under section
319 of the Public Health Service Act (42 U.S.C. 247d)
includes an evaluation of whether the veteran has
been--
(A) based or stationed at a location where
an open burn pit was used; or
(B) exposed to toxic airborne chemicals or
other airborne contaminants relating to service
in the Armed Forces, including an evaluation of
any information recorded as part of the
Airborne Hazards and Open Burn Pit Registry.
(2) Inclusion of individuals in registry.--If an
evaluation conducted under paragraph (1) with respect
to a veteran establishes that the veteran was based or
stationed at a location where an open burn pit was
used, or that the individual was exposed to toxic
airborne chemicals or other airborne contaminants, the
individual shall be enrolled in the Airborne Hazards
and Open Burn Pit Registry unless the veteran elects to
not enroll in such registry.
(3) Rule of construction.--Nothing in this
subsection may be construed to preclude eligibility of
a veteran for benefits under the laws administered by
the Secretary of Veterans Affairs by reason of the
history of exposure of the veteran to an open burn pit
not being recorded in an evaluation conducted under
paragraph (1).
(b) Study on Impact of Viral Pandemics on Members of Armed
Forces and Veterans Who Have Experienced Toxic Exposure.--
(1) In general.--The Secretary of Veterans Affairs
shall conduct a study, through the Airborne Hazards and
Burn Pits Center of Excellence (in this subsection
referred to as the ``Center''), on the health impacts
of infection with a pathogen, such as a virus, with
respect to which a public health emergency has been
declared under section 319 of the Public Health Service
Act (42 U.S.C. 247d), including a coronavirus, to
members of the Armed Forces and veterans who have been
exposed to open burn pits and other toxic exposures for
the purposes of understanding the health impacts of the
pathogen and whether individuals infected with the
pathogen are at increased risk of severe symptoms due
to previous conditions linked to toxic exposure.
(2) Preparation for future pandemic.--The
Secretary, through the Center, shall analyze potential
lessons learned through the study conducted under
paragraph (1) to assist in preparing the Department of
Veterans Affairs for potential future pandemics.
(c) Definitions.--In this subsection:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the
Secretary of Veterans Affairs under section 201 of the
Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C.
527 note).
(2) The term ``coronavirus'' has the meaning given
that term in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations
Act, 2020 (Public Law 116-123).
(3) The term ``open burn pit'' has the meaning
given that term in section 201(c) of the Dignified
Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 126 Stat. 2422; 38 U.S.C. 527
note).
SEC. 736. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE ARMED FORCES DURING THE
COVID-19 PANDEMIC.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the delivery of Federal, State,
and private mental health services to members of the Armed
Forces during the COVID-19 pandemic.
(b) Elements.--The study conducted under subsection (a)
shall--
(1) review any strategies used to combat existing
stigma surrounding mental health conditions that might
deter members of the Armed Forces from seeking care;
(2) review guidance to commanding officers at all
levels on the mental health ramifications of the COVID-
19 crisis;
(3) assess the need for additional training and
support for mental health care professionals of the
Department of Defense with respect to supporting
individuals who are concerned for the health of
themselves and their family members, or grieving the
loss of loved ones, because of COVID-19;
(4) assess the strategy of the Department of
Defense to leverage telemedicine to ensure safe access
to mental health services;
(5) identify all programs associated with services
described in such subsection;
(6) specify gaps or barriers to mental health care
access that could result in delayed or insufficient
mental health care support to members of the Armed
Forces; and
(7) evaluate the mental health screening
requirements for members of the Armed Forces
immediately before, during, and after--
(A) Federal deployment under title 10,
United States Code; or
(B) State deployment under title 32, United
States Code.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the study conducted under
subsection (a).
Subtitle D--Reports and Other Matters
SEC. 741. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY
PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND
MEDICAL SURGE CAPABILITY AND CAPACITY OF NATIONAL
DISASTER MEDICAL SYSTEM.
Section 740 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1465) is
amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense
may'' and inserting ``Beginning not later than
September 30, 2021, the Secretary of Defense
shall'';
(B) by striking ``health care
organizations, institutions, and entities'' and
inserting ``health care organizations, health
care institutions, health care entities,
academic medical centers of institutions of
higher education, and hospitals''; and
(C) by striking ``in the vicinity of major
aeromedical and other transport hubs and
logistics centers of the Department of
Defense'';
(2) in subsection (b), by striking ``may'' and
inserting ``shall'';
(3) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(4) by striking subsection (c) and inserting the
following new subsections:
``(c) Lead Official for Design and Implementation of Pilot
Program.--
``(1) In general.--The Assistant Secretary of
Defense for Health Affairs shall be the lead official
for the design and implementation of the pilot program
under subsection (a).
``(2) Resources.--The Assistant Secretary of
Defense for Health Affairs shall leverage the resources
of the Defense Health Agency for execution of the pilot
program under subsection (a) and shall coordinate with
the Chairman of the Joint Chiefs of Staff for the
duration of the pilot program, including for the
duration of any period of design or planning for the
pilot program.
``(d) Locations.--
``(1) In general.--The Secretary of Defense shall
carry out the pilot program under subsection (a) at not
fewer than five locations in the United States that are
located at or near an organization, institution,
entity, center, or hospital specified in subsection (a)
with established expertise in disaster health
preparedness and response and trauma care that augment
and enhance the effectiveness of the pilot program.
``(2) Phased selection of locations.--
``(A) Initial selection.--Not later than
March 31, 2021, the Assistant Secretary of
Defense for Health Affairs, in consultation
with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, the
Secretary of Homeland Security, and the
Secretary of Transportation, shall select not
fewer than two locations at which to carry out
the pilot program.
``(B) Subsequent selection.--Not later than
the end of the one-year period following
selection of the locations under subparagraph
(A), the Assistant Secretary of Defense for
Health Affairs, in consultation with the
Secretaries specified in subparagraph (A),
shall select not fewer than two additional
locations at which to carry out the pilot
program until not fewer than five locations are
selected in total under this paragraph.
``(3) Consideration for locations.--In selecting
locations for the pilot program under subsection (a),
the Secretary shall consider--
``(A) the proximity of the location to
civilian or military transportation hubs,
including airports, railways, interstate
highways, or ports;
``(B) the proximity of the location to an
organization, institution, entity, center, or
hospital specified in subsection (a) with the
ability to accept a redistribution of
casualties during times of war;
``(C) the proximity of the location to an
organization, institution, entity, center, or
hospital specified in subsection (a) with the
ability to provide trauma care training
opportunities for medical personnel of the
Department of Defense; and
``(D) the proximity of the location to
existing academic medical centers of
institutions of higher education, facilities of
the Department, or other institutions that have
established expertise in the areas of--
``(i) highly infectious disease;
``(ii) biocontainment;
``(iii) quarantine;
``(iv) trauma care;
``(v) combat casualty care;
``(vi) the National Disaster
Medical System under section 2812 of
the Public Health Service Act (42
U.S.C. 300hh-11);
``(vii) disaster health
preparedness and response;
``(viii) medical and public health
management of biological, chemical,
radiological, or nuclear hazards; or
``(ix) such other areas of
expertise as the Secretary considers
appropriate.
``(4) Priority for locations.--In selecting
locations for the pilot program under subsection (a),
the Secretary shall give priority to locations that
would facilitate public-private partnerships with
academic medical centers of institutions of higher
education, hospitals, and other entities with
facilities that have an established history of
providing clinical care, treatment, training, and
research in the areas described in paragraph (3)(D) or
other specializations determined important by the
Secretary for purposes of the pilot program.'';
(5) by striking subsection (g), as redesignated by
paragraph (2), and inserting the following:
``(g) Reports.--
``(1) Initial report.--
``(A) In general.--Not later than 180 days
after the commencement of the pilot program
under subsection (a), the Secretary shall
submit to the appropriate congressional
committees a report on the pilot program.
``(B) Elements.--The report under
subparagraph (A) shall include the following:
``(i) A description of the pilot
program.
``(ii) The requirements established
under subsection (e).
``(iii) The evaluation metrics
established under subsection (f).
``(iv) Such other matters relating
to the pilot program as the Secretary
considers appropriate.
``(2) Final report.--Not later than 180 days after
the completion of the pilot program under subsection
(a), the Secretary shall submit to the appropriate
congressional committees a report on the pilot
program.''; and
(6) by adding at the end the following new
subsection:
``(h) Definitions.--In this section:
``(1) The term `appropriate congressional
committees' means--
``(A) The Committee on Armed Services, the
Committee on Transportation and Infrastructure,
the Committee on Veterans' Affairs, the
Committee on Homeland Security, and the
Committee on Energy and Commerce of the House
of Representatives.
``(B) The Committee on Armed Services, the
Committee on Commerce, Science, and
Transportation, the Committee on Veterans'
Affairs, the Committee on Homeland Security and
Governmental Affairs, and the Committee on
Health, Education, Labor, and Pensions of the
Senate.
``(2) The term `institution of higher education'
means a four-year institution of higher education, as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)).''.
SEC. 742. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND
SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
Section 741(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is
amended--
(1) in subparagraph (B), by adding at the end the
following new clause:
``(iii) The one-year period
following the date on which the member
returns from such a deployment.'';
(2) by redesignating subparagraphs (D) through (H)
as subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) The number of suicides involving a
member who was prescribed a medication to treat
a mental health or behavioral health diagnosis
during the one-year period preceding the
death.''; and
(4) by adding at the end the following new
subparagraph:
``(J) A description of the programs carried
out by the military departments to address and
reduce the stigma associated with seeking
assistance for mental health or suicidal
thoughts.''.
SEC. 743. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as
most recently amended by section 732(4)(B) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1460), is further amended by striking ``September
30, 2021'' and inserting ``September 30, 2022''.
SEC. 744. MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT PROGRAM.
(a) In General.--The Secretary of Defense, acting through
the Director of the Defense Health Agency, shall implement a
comprehensive program to be known as the ``Military Health
System Clinical Quality Management Program'' (in this section
referred to as the ``Program'').
(b) Elements of Program.--The Program shall include, at a
minimum, the following:
(1) The implementation of systematic procedures to
eliminate, to the extent feasible, risk of harm to
patients at military medical treatment facilities,
including through identification, investigation, and
analysis of events indicating a risk of patient harm
and corrective action plans to mitigate such risks.
(2) With respect to a potential sentinel event
(including those involving members of the Armed Forces)
at a military medical treatment facility--
(A) an analysis of such event, which shall
occur and be documented as soon as possible
after the event;
(B) use of such analysis for clinical
quality management; and
(C) reporting of such event to the National
Practitioner Data Bank in accordance with
guidelines of the Secretary of Health and Human
Services under the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et
seq.), giving special emphasis to the results
of external peer reviews of the event.
(3) Validation of provider credentials and granting
of clinical privileges by the Director of the Defense
Health Agency for all health care providers at a
military medical treatment facility.
(4) Accreditation of military medical treatment
facilities by a recognized external accreditation body.
(5) Systematic measurement of indicators of health
care quality, emphasizing clinical outcome measures,
comparison of such indicators with benchmarks from
leading health care quality improvement organizations,
and transparency with the public of appropriate
clinical measurements for military medical treatment
facilities.
(6) Systematic activities emphasized by leadership
at all organizational levels to use all elements of the
Program to eliminate unwanted variance throughout the
health care system of the Department of Defense and
make constant improvements in clinical quality.
(7) A full range of procedures for productive
communication between patients and health care
providers regarding actual or perceived adverse
clinical events at military medical treatment
facilities, including procedures--
(A) for full disclosure of such events
(respecting the confidentiality of peer review
information under a medical quality assurance
program under section 1102 of title 10, United
States Code);
(B) providing an opportunity for the
patient to be heard in relation to quality
reviews; and
(C) to resolve patient concerns by
independent, neutral health care resolution
specialists.
(c) Additional Clinical Quality Management Activities.--
(1) In general.--In addition to the elements of the
Program set forth in subsection (b), the Secretary
shall establish and maintain clinical quality
management activities in relation to functions of the
health care system of the Department separate from
delivery of health care services in military medical
treatment facilities.
(2) Health care delivery outside military medical
treatment facilities.--In carrying out paragraph (1),
the Secretary shall maintain policies and procedures to
promote clinical quality in health care delivery on
ships and planes, in deployed settings, and in all
other circumstances not covered by subsection (b), with
the objective of implementing standards and procedures
comparable, to the extent practicable, to those under
such subsection.
(3) Purchased care system.--In carrying out
paragraph (1), the Secretary shall maintain policies
and procedures for health care services provided
outside the Department but paid for by the Department,
reflecting best practices by public and private health
care reimbursement and management systems.
SEC. 745. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Program.--The Secretary of Defense shall establish a
program, to be known as the ``Wounded Warrior Service Dog
Program'', to provide assistance dogs to covered members and
covered veterans.
(b) Definitions.--In this section:
(1) The term ``assistance dog'' means a dog
specifically trained to perform physical tasks to
mitigate the effects of a covered disability, except
that the term does not include a dog specifically
trained for comfort or personal defense.
(2) The term ``covered disability'' means any of
the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or
other significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary
of Defense considers appropriate.
(3) The term ``covered member'' means a member of
the Armed Forces who is--
(A) receiving medical treatment,
recuperation, or therapy under chapter 55 of
title 10, United States Code;
(B) in medical hold or medical holdover
status; or
(C) covered under section 1202 or 1205 of
title 10, United States Code.
(4) The term ``covered veteran'' means a veteran
who is enrolled in the health care system established
under section 1705(a) of title 38, United States Code.
SEC. 746. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall commence carrying out a demonstration project
designed to evaluate the cost, quality of care, and impact on
maternal and fetal outcomes of using extramedical maternal
health providers under the TRICARE program to determine the
appropriateness of making coverage of such providers under the
TRICARE program permanent.
(b) Elements of Demonstration Project.--The demonstration
project under subsection (a) shall include, for participants in
the demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants or lactation
counselors who are not otherwise authorized to provide
services under the TRICARE program.
(c) Participants.--The Secretary shall establish a process
under which covered beneficiaries may enroll in the
demonstration project to receive the services provided under
the demonstration project.
(d) Duration.--The Secretary shall carry out the
demonstration project for a period of five years beginning on
the date on which notification of the commencement of the
demonstration project is published in the Federal Register.
(e) Surveys.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter for the duration of the demonstration
project, the Secretary shall administer a survey to
determine--
(A) how many members of the Armed Forces or
spouses of such members give birth while their
spouse or birthing partner is unable to be
present due to deployment, training, or other
mission requirements;
(B) how many single members of the Armed
Forces give birth alone; and
(C) how many members of the Armed Forces or
spouses of such members use doula, lactation
consultant, or lactation counselor support.
(2) Matters covered by surveys.--The surveys
administered under paragraph (1) shall include an
identification of the following:
(A) The race, ethnicity, age, sex,
relationship status, Armed Force, military
occupation, and rank, as applicable, of each
individual surveyed.
(B) If individuals surveyed were members of
the Armed Forces or the spouses of such
members, or both.
(C) The length of advanced notice received
by individuals surveyed that the member of the
Armed Forces would be unable to be present
during the birth, if applicable.
(D) Any resources or support that the
individuals surveyed found useful during the
pregnancy and birth process, including doula,
lactation consultant, or lactation counselor
support.
(f) Reports.--
(1) Implementation plan.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate
a plan to implement the demonstration project.
(2) Annual report.--
(A) In general.--Not later than one year
after the date on which the demonstration
project commences, and annually thereafter for
the duration of the demonstration project, the
Secretary shall submit to the Committees on
Armed Services of the House of Representatives
and the Senate a report on the cost of the
demonstration project and the effectiveness of
the demonstration project in improving quality
of care and the maternal and fetal outcomes of
covered beneficiaries enrolled in the
demonstration project.
(B) Matters covered.--Each report submitted
under subparagraph (A) shall address, at a
minimum, the following:
(i) The number of covered
beneficiaries who are enrolled in the
demonstration project.
(ii) The number of enrolled covered
beneficiaries who have participated in
the demonstration project.
(iii) The results of the surveys
under subsection (e).
(iv) The cost of the demonstration
project.
(v) An assessment of the quality of
care provided to participants in the
demonstration project.
(vi) An assessment of the impact of
the demonstration project on maternal
and fetal outcomes.
(vii) An assessment of the
effectiveness of the demonstration
project.
(viii) Recommendations for
adjustments to the demonstration
project.
(ix) The estimated costs avoided as
a result of improved maternal and fetal
health outcomes due to the
demonstration project.
(x) Recommendations for extending
the demonstration project or
implementing permanent coverage under
the TRICARE program of extramedical
maternal health providers.
(xi) An identification of
legislative or administrative action
necessary to make the demonstration
project permanent.
(C) Final report.--The final report under
subparagraph (A) shall be submitted not later
than 90 days after the date on which the
demonstration project terminates.
(g) Expansion of Demonstration Project.--
(1) Regulations.--If the Secretary determines that
the demonstration project is successful, the Secretary
may prescribe regulations to include extramedical
maternal health providers as health care providers
authorized to provide care under the TRICARE program.
(2) Credentialing and other requirements.--The
Secretary may establish credentialing and other
requirements for doulas, lactation consultants, and
lactation counselors through public notice and comment
rulemaking for purposes of including doulas, lactation
consultants, and lactation counselors as health care
providers authorized to provide care under the TRICARE
program pursuant to regulations prescribed under
paragraph (1).
(h) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
(2) The term ``extramedical maternal health
provider'' means a doula, lactation consultant, or
lactation counselor.
SEC. 747. BRIEFING ON DIET AND NUTRITION OF MEMBERS OF THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the diet and nutrition of members
of the Armed Forces. The briefing shall describe the following:
(1) The relationship between the diet and nutrition
of members and the health, performance, and combat
effectiveness of members.
(2) The relationship between diets high in omega 3
fatty acids, or other diets that may lower inflammation
and obesity, and improved mental health.
(3) The extent to which the food and beverages
offered at the dining halls of the Armed Forces as of
the date of the briefing are designed to optimize the
health, performance, and combat effectiveness of
members according to science-based approaches.
(4) The plan of the Secretary to improve the
health, performance, and combat effectiveness of
members by modifying the food and beverages offered at
such dining halls, including in ways that minimize the
change for members.
(5) Expected costs and timeline to implement such
plan, including any projected costs or savings from
reduced medical costs if the plan is implemented.
SEC. 748. AUDIT OF MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED
MILITARY HOUSING.
(a) Audit.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department
of Defense shall commence the conduct of an audit of--
(1) the medical conditions of eligible individuals
and the association between adverse exposures of such
individuals in unsafe or unhealthy housing units and
the health of such individuals; and
(2) the process under section 3053 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1943), including whether such
process will adequately address resolution of
environmental health hazards identified as a result of
the inspections and assessments conducted pursuant to
sections 3051(b) and 3052(b) of such Act (Public Law
116-92; 133 Stat. 1941 and 1942).
(b) Content of Audit.--In conducting the audit under
subsection (a), the Inspector General shall--
(1) determine the percentage of units of privatized
military housing that are considered by the Inspector
General to be unsafe or unhealthy housing units and
visit at least one military installation of the
Department of Defense from each of the Army, Navy, Air
Force, and Marine Corps to verify that such units are
unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible
individuals that relate to residing in an unsafe or
unhealthy housing unit and the effect of such exposures
on the health of such individuals;
(3) determine, to the extent permitted by available
scientific data, the association between such adverse
exposures and the occurrence of a medical condition in
eligible individuals residing in unsafe or unhealthy
housing units and provide quantifiable data on such
association;
(4) review the process to identify, record, and
resolve environmental health hazards developed by the
Secretary of Defense under section 3053 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1943);
(5) review the inspections and assessments
conducted pursuant to sections 3051(b) and 3052(b) of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1941 and 1942);
(6) study the relationship between the process
specified in paragraph (4) and any environmental health
hazards identified as a result of the inspections and
assessments specified in paragraph (5) to determine
whether such process will adequately address resolution
of such hazards and complaints that relate to such
hazards made by eligible individuals residing in
privatized military housing; and
(7) make such recommendations as the Inspector
General may have to improve the process specified in
paragraph (4).
(c) Conduct of Audit.--The Inspector General shall conduct
the audit under subsection (a) using the same privacy
preserving guidelines used by the Inspector General in
conducting other audits of health records.
(d) Source of Data.--In conducting the audit under
subsection (a), the Inspector General shall use--
(1) de-identified data from electronic health
records of the Department;
(2) records of claims under the TRICARE program;
and
(3) such other data as determined necessary by the
Inspector General.
(e) Submission and Public Availability of Report.--Not
later than one year after the commencement of the audit under
subsection (a), the Inspector General shall--
(1) submit to the Secretary of Defense and the
Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
audit conducted under subsection (a), including any
recommendations made under subsection (b)(7); and
(2) publish such report on a publicly available
internet website of the Department of Defense.
(f) Definitions.--In this section:
(1) The term ``eligible individual'' means a member
of the Armed Forces or a family member of a member of
the Armed Forces who has resided in an unsafe or
unhealthy housing unit.
(2) The term ``privatized military housing'' means
military housing provided under subchapter IV of
chapter 169 of title 10, United States Code.
(3) The term ``TRICARE program'' has the meaning
given such term section 1072 of title 10, United States
Code.
(4) The term ``unsafe or unhealthy housing unit''
means a unit of privatized military housing in which is
present, at levels exceeding national standards or
guidelines, at least one of the following hazards:
(A) Physiological hazards, including the
following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease
of access by unlawful intruders or lighting
issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other similar hazards as determined by
the Inspector General.
SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL
TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Assessment.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall complete an assessment of the provision by
the Secretary of Defense of emergency medical treatment to
civilians who are not covered beneficiaries at military medical
treatment facilities during the period beginning on October 1,
2015, and ending on September 30, 2020.
(b) Elements of Assessment.--The assessment under
subsection (a) shall include, with respect to civilians who
received emergency medical treatment at a military medical
treatment facility during the period specified in such
paragraph, the following:
(1) The total fees charged to such civilians for
such treatment and the total fees collected.
(2) The amount of medical debt from such treatment
that was garnished from such civilians, categorized by
garnishment from Social Security benefits, tax refunds,
wages, or other financial assets.
(3) The number of such civilians from whom medical
debt from such treatment was garnished.
(4) The total fees for such treatment that were
waived for such civilians.
(5) With respect to medical debt incurred by such
civilians from such treatment--
(A) the amount of such debt that was
collected by the Secretary of Defense;
(B) the amount of such debt still owed to
the Department of Defense; and
(C) the amount of such debt transferred
from the Department of Defense to the
Department of the Treasury for collection.
(6) The number of such civilians from whom such
medical debt was collected who did not possess medical
insurance at the time of such treatment.
(7) The number of such civilians from whom such
medical debt was collected who collected Social
Security benefits at the time of such treatment.
(8) The number of such civilians from whom such
medical debt was collected who, at the time of such
treatment, earned--
(A) less than the poverty line;
(B) less than 200 percent of the poverty
line;
(C) less than 300 percent of the poverty
line; and
(D) less than 400 percent of the poverty
line.
(9) An assessment of the process through which
military medical treatment facilities seek to recover
unpaid medical debt from such civilians, including
whether the Secretary of Defense contracts with private
debt collectors to recover such unpaid medical debt.
(10) An assessment of the process, if any, through
which such civilians can apply to have medical debt for
such treatment waived, forgiven, canceled, or otherwise
determined to not be a financial obligation of the
civilian.
(11) Such other information as the Comptroller
General determines appropriate.
(c) Reports.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
(1) not later than December 1, 2021, a report
containing preliminary observations with respect to the
assessment under subsection (a); and
(2) at such time and in such format as is mutually
agreed upon by the committees and the Comptroller
General, a report containing the final results of such
assessment.
(d) Definitions.--In this section:
(1) The term ``civilian'' means an individual who
is not--
(A) a member of the Armed Forces;
(B) a contractor of the Department of
Defense; or
(C) a civilian employee of the Department.
(2) The term ``covered beneficiary'' has the
meaning given that term in section 1072(5) of title 10,
United States Code.
(3) The term ``poverty line'' has the meaning given
that term in section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902).
SEC. 750. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY
AMONG MILITARY AVIATORS AND AVIATION SUPPORT
PERSONNEL.
(a) Study.--
(1) In general.--The Secretary of Defense, in
conjunction with the Directors of the National
Institutes of Health and the National Cancer Institute,
shall conduct a study on cancer among covered
individuals in two phases as provided in this
subsection.
(2) Phase 1.--
(A) In general.--Under the initial phase of
the study conducted under paragraph (1), the
Secretary of Defense shall determine if there
is a higher incidence of cancers occurring for
covered individuals as compared to similar age
groups in the general population through the
use of the database of the Surveillance,
Epidemiology, and End Results program of the
National Cancer Institute.
(B) Report.--Not later than one year after
the date of the enactment of this Act, the
Secretary shall submit to the appropriate
committees of Congress a report on the findings
of the initial phase of the study under
subparagraph (A).
(3) Phase 2.--
(A) In general.--If, pursuant to the
initial phase of the study under paragraph (2),
the Secretary concludes that there is an
increased rate of cancers among covered
individuals, the Secretary shall conduct a
second phase of the study under which the
Secretary shall do the following:
(i) Identify the carcinogenic
toxins or hazardous materials
associated with military flight
operations from shipboard or land bases
or facilities, such as fuels, fumes,
and other liquids.
(ii) Identify the operating
environments, including frequencies or
electromagnetic fields, where exposure
to ionizing radiation (associated with
high altitude flight) and nonionizing
radiation (associated with airborne,
ground, and shipboard radars) occurred
in which covered individuals could have
received increased radiation amounts.
(iii) Identify, for each covered
individual, duty stations, dates of
service, aircraft flown, and additional
duties (including Landing Safety
Officer, Catapult and Arresting Gear
Officer, Air Liaison Officer, Tactical
Air Control Party, or personnel
associated with aircraft maintenance,
supply, logistics, fuels, or
transportation) that could have
increased the risk of cancer for such
covered individual.
(iv) Determine locations where a
covered individual served or additional
duties of a covered individual that are
associated with higher incidences of
cancers.
(v) Identify potential exposures
due to service in the Armed Forces that
are not related to aviation, such as
exposure to burn pits or toxins in
contaminated water, embedded in the
soil, or inside bases or housing.
(vi) Determine the appropriate age
to begin screening covered individuals
for cancer based on race, gender,
flying hours, period of service as
aviation support personnel, Armed
Force, type of aircraft, and mission.
(B) Data.--The Secretary shall format all
data included in the study conducted under this
paragraph in accordance with the Surveillance,
Epidemiology, and End Results program of the
National Cancer Institute, including by
disaggregating such data by race, gender, and
age.
(C) Report.--Not later than one year after
the submittal of the report under paragraph
(2)(B), if the Secretary conducts the second
phase of the study under this paragraph, the
Secretary shall submit to the appropriate
committees of Congress a report on the findings
of the study conducted under this paragraph.
(4) Use of data from previous studies.--In
conducting the study under this subsection, the
Secretary of Defense shall incorporate data from
previous studies conducted by the Air Force, the Navy,
or the Marine Corps that are relevant to the study
under this subsection, including data from the
comprehensive study conducted by the Air Force
identifying each covered individual and documenting the
cancers, dates of diagnoses, and mortality of each
covered individual.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) The term ``Armed Forces''--
(A) has the meaning given the term ``armed
forces'' in section 101 of title 10, United
States Code; and
(B) includes the reserve components named
in section 10101 of such title.
(3) The term ``covered individual''--
(A) means an aviator or aviation support
personnel who--
(i) served in the Armed Forces on
or after February 28, 1961; and
(ii) receives benefits under
chapter 55 of title 10, United States
Code; and
(B) includes any air crew member of fixed-
wing aircraft and personnel supporting
generation of the aircraft, including pilots,
navigators, weapons systems operators, aircraft
system operators, personnel associated with
aircraft maintenance, supply, logistics, fuels,
or transportation, and any other crew member
who regularly flies in an aircraft or is
required to complete the mission of the
aircraft.
SEC. 751. STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHI-KHANABAD AIR
BASE, UZBEKISTAN.
(a) Study.--
(1) In general.--The Secretary of Defense shall
conduct a study on exposure to toxic substances by
members of the Armed Forces deployed to Karshi-Khanabad
Air Base, Uzbekistan, at any time during the period
beginning on October 1, 2001, and ending on December
31, 2005.
(2) Matters included.--The study under paragraph
(1) shall include the following:
(A) An assessment regarding the conditions
of Karshi-Khanabad Air Base, Uzbekistan, during
the period beginning on October 1, 2001, and
ending on December 31, 2005, including an
identification of any toxic substances
contaminating the Air Base during such period.
(B) An epidemiological study of the health
consequences of members of the Armed Forces
deployed to the Air Base at any time during
such period.
(C) An assessment of any association
between exposure to toxic substances identified
under subparagraph (A) and the health
consequences studied under subparagraph (B).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study under subsection (a).
SEC. 752. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF
THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS
OUTSIDE THE CONTIGUOUS UNITED STATES.
(a) Review Required.--The Comptroller General of the United
States shall conduct a review of efforts by the Department of
Defense to prevent suicide among covered members.
(b) Elements of Review.--The review conducted under
subsection (a) shall include an assessment of each of the
following:
(1) Current policy guidelines of the Armed Forces
on the prevention of suicide among covered members.
(2) Current suicide prevention programs and
activities of the Armed Forces provided to covered
members and their dependents, including programs
provided by the Defense Health Program and the Defense
Suicide Prevention Office.
(3) The integration of mental health screenings and
efforts relating to suicide risk and suicide prevention
for covered members and their dependents into the
delivery of primary care for such members and
dependents.
(4) The standards for responding to attempted or
completed suicides among covered members and their
dependents, including guidance and training to assist
commanders in addressing incidents of attempted or
completed suicide that occur within their units.
(5) The standards regarding data collection for
covered members and their dependents, including the
collection of data on factors that relate to suicide,
such as domestic violence and child abuse.
(6) The means used to ensure the protection of
privacy of covered members and their dependents who
seek or receive treatment relating to suicide
prevention.
(7) The availability of information from indigenous
populations on suicide prevention for covered members
who are members of such a population.
(8) The availability of information from graduate
research programs of institutions of higher education
on suicide prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General
considers appropriate in connection with the prevention
of suicide among covered members and their dependents.
(c) Briefing and Report.--The Comptroller General shall--
(1) not later than October 1, 2021, brief the
Committees on Armed Services of the House of
Representatives and the Senate on preliminary
observations relating to the review under subsection
(a); and
(2) not later than March 1, 2022, submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report containing the
results of such review.
(d) Definitions.--In this section:
(1) The term ``covered installation'' means a
remote installation of the Department of Defense
located outside the contiguous United States.
(2) The term ``covered member'' means a member of
the Armed Forces who is stationed at a covered
installation.
SEC. 753. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT CERTAIN
MILITARY INSTALLATIONS.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing a
feasibility study on the use and maintenance of medical
evacuation helicopters and ground ambulances at covered
military installations.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) The requirements analysis that determines
whether a medical evacuation helicopter and ground
ambulance or similar vehicles are required at covered
military installations.
(2) The frequency with which such helicopters and
ambulances are inspected for maintenance and restocked
with the required supplies and equipment.
(3) The frequency with which training exercises
occur involving the use of such helicopters and
ambulances.
(4) The planning factors associated with ensuring
that the capabilities provided by such helicopters and
ambulances are readily available and the contingency
plans that may involve the use of helicopters or
ambulances provided by allies of the United States or
host countries.
(c) Covered Military Installation Defined.--In this
section, the term ``covered military installation'' means each
military installation outside the United States at which the
Secretary anticipates the United States will have an enduring
presence.
SEC. 754. COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM MENTAL
HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES
AND THEIR DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study on prenatal and
postpartum mental health conditions among members of
the Armed Forces and the dependents of such members.
(2) Elements.--The study under paragraph (1) shall
include the following:
(A) An assessment of--
(i) the extent to which
beneficiaries under the TRICARE
program, including members of the Armed
Forces and the dependents of such
members, are diagnosed with--
(I) prenatal or postpartum
depression;
(II) prenatal or postpartum
anxiety disorder;
(III) prenatal or
postpartum obsessive compulsive
disorder;
(IV) prenatal or postpartum
psychosis; and
(V) other relevant mood
disorders; and
(ii) the extent to which data is
collected on the prenatal or postpartum
mental health conditions specified
under clause (i).
(B) A demographic assessment of the
population included in the study with respect
to race, ethnicity, sex, age, relationship
status, military service, military occupation,
and rank, where applicable.
(C) An assessment of the status of prenatal
and postpartum mental health care for
beneficiaries under the TRICARE program,
including those who seek care at military
medical treatment facilities and those who rely
on civilian providers.
(D) An assessment of the ease or delay for
beneficiaries under the TRICARE program in
obtaining treatment for prenatal and postpartum
mental health conditions, including--
(i) an assessment of wait times for
mental health treatment at each
military medical treatment facility;
and
(ii) a description of the reasons
such beneficiaries may cease seeking
such treatment.
(E) A comparison of the rates of prenatal
or postpartum mental health conditions within
the military community to such rates in the
civilian population, as reported by the Centers
for Disease Control and Prevention.
(F) An assessment of any effects of
implicit or explicit bias in prenatal and
postpartum mental health care under the TRICARE
program, or evidence of racial or socioeconomic
barriers to such care.
(G) The extent to which treatment for
mental health issues specified under
subparagraph (A)(i) is available and accessible
to members of the Armed Forces serving on
active duty and the spouses of such members.
(H) The barriers that prevent members of
the Armed Forces serving on active duty, and
the spouses of such members, from seeking or
obtaining care for such mental health issues.
(I) The ways in which the Department of
Defense is addressing barriers identified under
subparagraph (H).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the findings of the study conducted
under subsection (a), including--
(1) recommendations for actions to be taken by the
Secretary of Defense to improve prenatal and postpartum
mental health among members of the Armed Forces and
dependents of such members; and
(2) such other recommendations as the Comptroller
General determines appropriate.
(c) Definitions.--In this section, the terms ``dependent''
and ``TRICARE program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
SEC. 755. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE COMPONENTS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department,
in consultation with the Director of the Defense Health Agency,
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing an
analysis of each of the following with respect to the military
department of the Secretary:
(1) Any lapses in coverage under the TRICARE
program for a member of a reserve component that
occurred during the eight-year period ending on the
date of the enactment of this Act and were caused by a
change in the duty status of such member, including an
identification of the total number of such lapses.
(2) The factors contributing to any such lapses,
including--
(A) technological factors, including
factors relating to outdated systems;
(B) human errors in processing changes in
duty status;
(C) shortages in the level of
administrative staffing of the reserve
component; and
(D) integration of systems of the reserve
component with Integrated Pay and Personnel
Systems.
(3) How factors contributing to any such lapses
were identified under paragraph (2) and whether actions
have been taken to address the factors.
(4) The effect of any such lapses on--
(A) the delivery of health care benefits to
members of the reserve components and the
eligible dependents of such members; or
(B) force readiness and force retention.
(5) The parties responsible for identifying and
communicating to a member of a reserve component issues
relating to eligibility under the TRICARE program.
(6) The methods by which a member of a reserve
component, an eligible dependent of such member, or the
Secretary of Defense may verify the status of
enrollment in the TRICARE program regarding the member
before, during, and after a deployment of the member.
(7) The comparative effectiveness, with respect to
the delivery of health care benefits to a member of a
reserve component and eligible dependents of such
member, of--
(A) continuing the current process by which
a previously eligible member must transition
from coverage under TRICARE Reserve Select to
coverage under TRICARE Prime after a change to
active service in the duty status of such
member; and
(B) establishing a new process by which a
previously eligible member may remain covered
by TRICARE Reserve Select after a change to
active service in the duty status of such
member (whether by allowing a previously
eligible member to pay a premium for such
coverage or by requiring the Federal Government
to provide for such coverage).
(8) Whether the current process referred to in
paragraph (7)(A) negatively affects the delivery of
health care benefits as a result of transitions between
network providers.
(9) The current status and expected completion of
duty status reform for personnel of the reserve
components.
(10) The actions necessary to prevent future
occurrences of such lapses, including legislative
actions.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning
given that term in section 101(d) of title 10, United
States Code.
(2) The term ``eligible dependent'' means a
dependent of a member of a reserve component--
(A) described in subparagraph (A), (D), or
(I) of section 1072(2) of title 10, United
States Code; and
(B) eligible for coverage under the TRICARE
program.
(3) The term ``previously eligible member'' means a
member of a reserve component who was eligible for
coverage under TRICARE Reserve Select pursuant to
section 1076d of title 10, United States Code, prior to
a change to active service in the duty status of such
member.
(4) The terms ``TRICARE Prime'' and ``TRICARE
program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
(5) The term ``TRICARE Reserve Select'' has the
meaning given that term in section 1076d(f) of title
10, United States Code.
SEC. 756. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS
ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study
that reviews, identifies, and evaluates the technology
approaches, policies, and concepts of operations of telehealth
and telemedicine programs across all military departments. The
study shall include the following:
(1) Identification and evaluation of limitations
and vulnerabilities of health care and medicine
capabilities with respect to telemedicine.
(2) Identification and evaluation of essential
technologies needed to achieve documented goals and
capabilities of telehealth and associated technologies
required to support sustainability.
(3) Development of a technology maturation roadmap,
including an estimated funding profile over time,
needed to achieve an effective operational telehealth
usage that describes both the critical and associated
supporting technologies, systems integration,
prototyping and experimentation, and test and
evaluation.
(4) An analysis of telehealth programs, such as
remote diagnostic testing and evaluation tools that
contribute to the medical readiness of military medical
providers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the study
conducted under subsection (a).
SEC. 757. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE
READINESS OF MEDICAL FORCE OF THE ARMED FORCES.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center or other independent entity to conduct a
study on force mix options and service models (including
traditional and nontraditional active and reserve models) to
enhance the readiness of the medical force of the Armed Forces
to deliver combat care on the battlefield and assist public
health responses to pandemics or other national public health
emergencies.
(b) Elements.--The study under subsection (a) shall
include, at a minimum and conducted separately with respect to
members of the Armed Forces on active duty and members of the
reserve components--
(1) a review of existing models for such members
who are medical professionals to improve clinical
readiness skills by serving in civilian trauma centers,
Federal agencies, or other organizations determined
appropriate by the Secretary;
(2) an assessment of the extent to which such
existing models can be optimized, standardized, and
scaled to address readiness shortfalls; and
(3) an evaluation of the cost and effectiveness of
alternative models for such members who are medical
professionals to serve in the centers, agencies, and
organizations specified in subparagraph (A).
(c) Report.--Not later than 15 months after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings and recommendations
resulting from the study under subsection (a).
SEC. 758. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM DEPARTMENT
OF DEFENSE.
(a) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report assessing the billing
practices of the Department of Defense for care
received under the TRICARE program or at military
medical treatment facilities.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A description of the extent to which
data is being collected and maintained on
whether beneficiaries under the TRICARE program
have other forms of health insurance.
(B) A description of the extent to which
the Secretary of Defense has implemented the
recommendations of the Inspector General of the
Department of Defense to improve collections of
third-party payments for care at military
medical treatment facilities and a description
of the impact such implementation has had on
such beneficiaries.
(C) A description of the extent to which
the process used by managed care support
contractors under the TRICARE program to
adjudicate third-party liability claims is
efficient and effective, including with respect
to communication with such beneficiaries.
(b) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given that term in section
1072 of title 10, United States Code.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
SEC. 761. SHORT TITLE.
This subtitle may be cited as the ``Care and Readiness
Enhancement for Reservists Act of 2020'' or the ``CARE for
Reservists Act of 2020''.
SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF
VETERANS AFFAIRS TO INCLUDE MEMBERS OF RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) Readjustment Counseling.--Subsection (a)(1) of section
1712A of title 38, United States Code, is amended by adding at
the end the following new subparagraph:
``(D)(i) The Secretary, in consultation with the Secretary
of Defense, may furnish to any member of the reserve components
of the Armed Forces who has a behavioral health condition or
psychological trauma, counseling under subparagraph (A)(i),
which may include a comprehensive individual assessment under
subparagraph (B)(i).
``(ii) A member of the reserve components of the Armed
Forces described in clause (i) shall not be required to obtain
a referral before being furnished counseling or an assessment
under this subparagraph.''.
(b) Outpatient Services.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting ``to an individual'' after
``If, on the basis of the assessment
furnished''; and
(B) by striking ``veteran'' each place it
appears and inserting ``individual''; and
(2) in paragraph (2), by striking ``veteran'' and
inserting ``individual''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF
VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS
OF THE ARMED FORCES.
(a) In General.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1789. Mental health services for members of the reserve
components of the Armed Forces
``The Secretary, in consultation with the Secretary of
Defense, may furnish mental health services to members of the
reserve components of the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1788 the following new item:
``1789. Mental health services for members of the reserve components of
the Armed Forces.''.
SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Suicide Prevention Program.--
(1) In general.--Section 1720F of title 38, United
States Code, is amended by adding at the end the
following new subsection:
``(l)(1) Covered Individual Defined.--In this section, the
term `covered individual' means a veteran or a member of the
reserve components of the Armed Forces.
``(2) In determining coverage of members of the reserve
components of the Armed Forces under the comprehensive program,
the Secretary shall consult with the Secretary of Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking
``veterans'' and inserting ``covered
individuals'';
(B) in subsection (b), by striking
``veterans'' each place it appears and
inserting ``covered individuals'';
(C) in subsection (c)--
(i) in the subsection heading, by
striking ``of Veterans'';
(ii) by striking ``veterans'' each
place it appears and inserting
``covered individuals''; and
(iii) by striking ``veteran'' and
inserting ``individual'';
(D) in subsection (d), by striking ``to
veterans'' each place it appears and inserting
``to covered individuals'';
(E) in subsection (e), in the matter
preceding paragraph (1), by striking
``veterans'' and inserting ``covered
individuals'';
(F) in subsection (f)--
(i) in the first sentence, by
striking ``veterans'' and inserting
``covered individuals''; and
(ii) in the second sentence, by
inserting ``or members'' after
``veterans'';
(G) in subsection (g), by striking
``veterans'' and inserting ``covered
individuals'';
(H) in subsection (h), by striking
``veterans'' and inserting ``covered
individuals'';
(I) in subsection (i)--
(i) in the subsection heading, by
striking ``for Veterans and Families'';
(ii) in the matter preceding
paragraph (1), by striking ``veterans
and the families of veterans'' and
inserting ``covered individuals and the
families of covered individuals'';
(iii) in paragraph (2), by striking
``veterans'' and inserting ``covered
individuals''; and
(iv) in paragraph (4), by striking
``veterans'' each place it appears and
inserting ``covered individuals'';
(J) in subsection (j)--
(i) in paragraph (1), by striking
``veterans'' each place it appears and
inserting ``covered individuals''; and
(ii) in paragraph (4)--
(I) in subparagraph (A), in
the matter preceding clause
(i), by striking ``women
veterans'' and inserting
``covered individuals who are
women'';
(II) in subparagraph (B),
by striking ``women veterans
who'' and inserting ``covered
individuals who are women
and''; and
(III) in subparagraph (C),
by striking ``women veterans''
and inserting ``covered
individuals who are women'';
and
(K) in subsection (k), by striking
``veterans'' and inserting ``covered
individuals''.
(3) Clerical amendments.--
(A) In general.--Such section is further
amended, in the section heading, by inserting
``and members of the reserve components of the
Armed Forces'' after ``veterans''.
(B) Table of sections.--The table of
sections at the beginning of such subchapter is
amended by striking the item relating to
section 1720F and inserting the following new
item:
``1720F. Comprehensive program for suicide prevention among veterans and
members of the reserve components of the Armed Forces.''.
(b) Mental Health Treatment for Individuals Who Served in
Classified Missions.--
(1) In general.--Section 1720H of such title is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``eligible
veteran'' and inserting
``eligible individual''; and
(II) by striking ``the
veteran'' and inserting ``the
individual''; and
(ii) in paragraph (3), by striking
``eligible veterans'' and inserting
``eligible individuals'';
(B) in subsection (b)--
(i) by striking ``a veteran'' and
inserting ``an individual''; and
(ii) by striking ``eligible
veteran'' and inserting ``eligible
individual''; and
(C) in subsection (c)--
(i) in paragraph (2), in the matter
preceding subparagraph (A), by striking
``The term `eligible veteran' means a
veteran'' and inserting ``The term
`eligible individual' means a veteran
or a member of the reserve components
of the Armed Forces''; and
(ii) in paragraph (3), by striking
``eligible veteran'' and inserting
``eligible individual''.
(2) Clerical amendments.--
(A) In general.--Such section is further
amended, in the section heading, by inserting
``and members of the reserve components of the
Armed Forces'' after ``veterans''.
(B) Table of sections.--The table of
sections at the beginning of chapter 17 of such
title is amended by striking the item relating
to section 1720H and inserting the following
new item:
``1720H. Mental health treatment for veterans and members of the reserve
components of the Armed Forces who served in classified
missions.''.
SEC. 765. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY
DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Armed Services and the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report that includes an assessment of the
following:
(1) The increase, as compared to the day before the
date of the enactment of this Act, of the number of
members of the Armed Forces that use readjustment
counseling or outpatient mental health care from the
Department of Veterans Affairs, disaggregated by State,
Vet Center location, and clinical care site of the
Department, as appropriate.
(2) The number of members of the reserve components
of the Armed Forces receiving telemental health care
from the Department.
(3) The increase, as compared to the day before the
date of the enactment of this Act, of the annual cost
associated with readjustment counseling and outpatient
mental health care provided by the Department to
members of the reserve components of the Armed Forces.
(4) The changes, as compared to the day before the
date of the enactment of this Act, in staffing,
training, organization, and resources required for the
Department to offer readjustment counseling and
outpatient mental health care to members of the reserve
components of the Armed Forces.
(5) Any challenges the Department has encountered
in providing readjustment counseling and outpatient
mental health care to members of the reserve components
of the Armed Forces.
(b) Vet Center Defined.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h) of
title 38, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle
sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier
acquisition program.
Sec. 806. Definition of material weakness for contractor business
systems.
Sec. 807. Space system acquisition and the adaptive acquisition
framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 809. Assessments of the process for developing capability
requirements for Department of Defense acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition
functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition
programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of
Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing
requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military
construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for
employing or subcontracting with members of the Selected
Reserve.
Subtitle C--Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of
initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and
acquisition.
Sec. 836. Digital modernization of analytical and decision-support
processes for managing and overseeing Department of Defense
acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information.
Sec. 838. Comptroller General report on implementation of software
acquisition reforms.
Sec. 839. Comptroller General report on intellectual property
acquisition and licensing.
Subtitle D--Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly
national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and inclusion
of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal
products.
Sec. 845. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to
eliminating the gaps and vulnerabilities in the national
technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department
of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial base
and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E--Small Business Matters
Sec. 861. Initiatives to support small businesses in the national
technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to the
Small Business Administration.
Sec. 863. Employment size standard requirements for small business
concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged
Business Utilization.
Sec. 871. Category management training.
Subtitle F--Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste, fraud, or
abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency
contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for
foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation
base.
Sec. 890. Identification of certain contracts relating to construction
or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency.
Subtitle A--Acquisition Policy and Management
SEC. 801. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS PART
OF ADAPTIVE ACQUISITION FRAMEWORK IMPLEMENTATION.
(a) In General.--Each service acquisition executive shall
submit to the Secretary of Defense, the Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering, and the Chief Information
Officer of the Department of Defense a report on how such
service acquisition executive is, with respect to the risks in
acquisition programs described in subsection (b)--
(1) assessing such risks;
(2) mitigating such risks; and
(3) reporting within the Department of Defense and
to Congress on such risks.
(b) Acquisition Program Risks.--The risks in acquisition
programs described in this subsection are the following:
(1) Technical risks in engineering, software,
manufacturing and testing.
(2) Integration and interoperability risks,
including complications related to systems working
across multiple domains while using machine learning
and artificial intelligence capabilities to
continuously change and optimize system performance.
(3) Operations and sustainment risks, including as
mitigated by appropriate sustainment planning earlier
in the lifecycle of a program, access to technical
data, and intellectual property rights.
(4) Workforce and training risks, including
consideration of the role of contractors as part of the
total workforce.
(5) Supply chain risks, including cybersecurity,
foreign control and ownership of key elements of supply
chains, and the consequences that a fragile and
weakening defense industrial base, combined with
barriers to industrial cooperation with allies and
partners, pose for delivering systems and technologies
in a trusted and assured manner.
(c) Report to Congress.--Not later than March 31, 2021, the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a report
including--
(1) the input received from the service acquisition
executives pursuant to subsection (a); and
(2) the views of the Under Secretary with respect
to the matters described in paragraphs (1) through (5)
of subsection (b).
SEC. 802. IMPROVING PLANNING, EXECUTION, AND OVERSIGHT OF LIFE CYCLE
SUSTAINMENT ACTIVITIES.
(a) Planning for Life Cycle Sustainment.--Section 2337 of
title 10, United States Code, is amended--
(1) by striking ``major weapon system'' each place
it appears and inserting ``covered system'';
(2) by striking ``major weapon systems'' each place
it appears and inserting ``covered systems'';
(3) by striking ``weapon system'' each place it
appears and inserting ``covered system'';
(4) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(5) by inserting after subsection (a) the following
new subsection:
``(b) Life Cycle Sustainment Plan.--Before granting
Milestone B approval (or the equivalent), the milestone
decision authority shall ensure that each covered system has an
approved life cycle sustainment plan. The life cycle
sustainment plan shall include--
``(1) a comprehensive product support strategy;
``(2) performance goals, including key performance
parameters for sustainment, key system attributes of
the covered system, and other appropriate metrics;
``(3) an approved life-cycle cost estimate for the
covered system;
``(4) affordability constraints and key cost
factors that could affect the operating and support
costs of the covered system;
``(5) sustainment risks and proposed mitigation
plans for such risks;
``(6) engineering and design considerations that
support cost-effective sustainment of the covered
system;
``(7) a technical data and intellectual property
management plan for product support; and
``(8) major maintenance and overhaul requirements
that will be required during the life cycle of the
covered system.'';
(6) in subsection (c)(2), as so redesignated--
(A) by amending subparagraph (A) to read as
follows:
``(A) develop, update, and implement a life
cycle sustainment plan described in subsection
(b);'';
(B) in subparagraph (B), by striking
``use'' and inserting ``ensure the life cycle
sustainment plan is informed by''; and
(C) in subparagraph (C), by inserting ``and
life cycle sustainment plan'' after ``product
support strategy'';''; and
(7) in subsection (d), as so redesignated--
(A) by amending paragraph (5) to read as
follows:
``(5) Covered system.--The term `covered system'
means--
``(A) a major defense acquisition program
as defined in section 2430 of this title; or
``(B) an acquisition program or project
that is carried out using the rapid fielding or
rapid prototyping acquisition pathway under
section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note) that is
estimated by the Secretary of Defense to
require an eventual total expenditure described
in section 2430(a)(1)(B).''; and
(B) by adding at the end the following new
paragraphs:
``(6) Milestone b approval.--The term `Milestone B
approval' has the meaning given that term in section
2366(e)(7) of this title.
``(7) Milestone decision authority.--The term
`milestone decision authority' has the meaning given in
section 2431a(e)(5) of this title.''.
(b) Additional Requirements Before Milestone B Approval.--
Section 2366b of title 10, United States Code is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (N), by striking
``and'' at the end;
(B) in subparagraph (O), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) has approved the life cycle
sustainment plan required under section 2337(b)
of this title.''; and
(2) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following new subparagraph:
``(H) A summary of the life cycle
sustainment plan required under section 2337 of
this title.''.
(c) Recurring Sustainment Reviews.--Section 2441 of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``major weapon
system'' and inserting ``covered
system'';
(ii) by striking ``and throughout
the life cycle of the weapon system''
and inserting ``, and every five years
thereafter throughout the life cycle of
the covered system,''; and
(iii) by striking ``costs of the
weapon system'' and inserting ``costs
of the covered system''; and
(B) by striking the second sentence;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1),
by inserting ``assess execution of the life
cycle sustainment plan of the covered system
and'' before ``include the following
elements:''; and
(B) by adding at the end the following new
paragraph:
``(10) As applicable, information regarding any
decision to restructure the life cycle sustainment plan
for a covered system or any other action that will lead
to critical operating and support cost growth.''; and
(3) by adding at the end the following new
subsections:
``(d) Submission to Congress.--(1) Not later than September
30 of each fiscal year, the Secretary of each military
department shall annually submit to the congressional defense
committees the sustainment reviews required by this section for
such fiscal year.
``(2) Each submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(3) For a covered system with critical operating and
support cost growth, such submission shall include a
remediation plan to reduce operating and support costs or a
certification by the Secretary concerned that such critical
operating and support cost growth is necessary to meet national
security requirements.
``(e) Definitions.--In this section:
``(1) Covered system.--The term `covered system'
shall have the meaning given in section 2337 of this
title.
``(2) Critical operating and support cost growth.--
The term `critical operating and support cost growth'
means operating and support cost growth--
``(A) of at least 25 percent more than the
estimate documented in the most recent
independent cost estimate for the covered
system; or
``(B) of at least 50 percent more than the
estimate documented in the original Baseline
Estimate (as defined in section 2435(d) of this
title) for the covered system.''.
(d) Comptroller General Review.--
(1) In general.--The Comptroller General of the
United States shall--
(A) annually, select 10 covered systems for
which a sustainment review has been submitted
under section 2441(d) of title 10, United
States Code; and
(B) submit to the congressional defense
committees an assessment of the steps taken by
Secretaries concerned to quantify and address
critical operating and support cost growth with
respect to such covered systems.
(2) Contents.--Each assessment described in
paragraph (1) shall include--
(A) an evaluation of--
(i) the causes of critical
operating and support cost growth for
each such covered system;
(ii) the extent to which the
Secretary concerned has mitigated
critical operating and support cost
growth of such covered system; and
(iii) any other issues related to
potential critical operating and
support cost growth the Comptroller
General determines appropriate; and
(B) any recommendations, including steps
the Secretaries concerned could take to reduce
critical operating and support cost growth for
covered systems and lessons learned to be
incorporated in covered system acquisitions.
(3) Termination.--The requirement under this
subsection shall terminate on September 30, 2025.
(4) Definitions.--In this subsection, the terms
``covered system'' and ``critical operating and support
cost growth'' have the meanings given, respectively, in
section 2441 of title 10, United States Code.
(e) Report on Sustainment Planning Processes for Non-major
Defense Acquisition Program Activities.--Not later than
December 31, 2021, the Secretary of Defense shall submit to the
congressional defense committees a report on the process for
ensuring that timely and robust sustainment planning processes
are in place for all acquisition activities. The report shall
include a discussion of--
(1) sustainment planning processes for each--
(A) acquisition program or project that is
carried out using the rapid fielding or rapid
prototyping acquisition pathway under section
804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note);
(B) information technology and software
program;
(C) services contract, including each
services contract for information technologies
and systems; and
(D) acquisition activity other than major
defense acquisition programs (as defined in
section 2430 of title 10, United States Code),
as determined by the Secretary of Defense;
(2) methods to identify responsible individuals for
sustainment planning;
(3) required elements of sustainment planning;
(4) timing of sustainment planning activities in
the acquisition process;
(5) measures and metrics to assess compliance with
sustainment plans; and
(6) actions to continuously monitor, create
incentives for, and ensure compliance with sustainment
plans.
SEC. 803. DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING MAJOR
DEFENSE ACQUISITION PROGRAM CONTRACTS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339c. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts
``(a) In General.--Any covered offeror seeking to be
awarded a shipbuilding construction contract as part of a major
defense acquisition program with funds from the Shipbuilding
and Conversion, Navy account shall disclose along with the
offer and any subsequent revisions of the offer (including the
final proposal revision offer) if any part of the planned
contract performance will or is expected to include foreign
government subsidized performance, foreign financing, foreign
financial guarantees, or foreign tax concessions.
``(b) Requirements.--A disclosure required under subsection
(a) shall be made in a form prescribed by the Secretary of the
Navy and shall include a specific description of the extent to
which the planned contract performance will include, with or
without contingencies, any foreign government subsidized
performance, foreign financing, foreign financial guarantees,
or foreign tax concessions.
``(c) Congressional Notification.--Not later than 5 days
after awarding a contract described under subsection (a), the
Secretary of the Navy shall notify the congressional defense
committees and summarize the disclosure provided under such
subsection.
``(d) Definitions.--In this section:
``(1) Covered offeror.--The term `covered offeror'
means any offeror that requires or may reasonably be
expected to require, during the period of performance
on a shipbuilding construction contract described in
subsection (a), a method to mitigate or negate foreign
ownership under section 2004.34(f)(6) of title 32, Code
of Federal Regulations.
``(2) Foreign government subsidized performance.--
The term `foreign government subsidized performance'
means any financial support, materiel, services, or
guarantees of support, services, supply, performance,
or intellectual property concessions, that may be
provided to or for the covered offeror or the customer
of the offeror by a foreign government or entity
effectively owned or controlled by a foreign
government, which may have the effect of supplementing,
supplying, servicing, or reducing the cost or price of
an end item, or supporting, financing in whole or in
part, or guaranteeing contract performance by the
offeror.
``(3) Major defense acquisition program.--The term
`major defense acquisition program' has the meaning
given the term in section 2430 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by inserting after the item relating to section 2339b
the following new item:
``2339c. Disclosures for offerors for certain shipbuilding major defense
acquisition program contracts.''.
SEC. 804. IMPLEMENTATION OF MODULAR OPEN SYSTEMS APPROACHES.
(a) Requirements for Interface Delivery.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Under Secretary
of Defense for Acquisition and Sustainment, in
coordination with the Joint All-Domain Command and
Control cross-functional team and the Director for
Command, Control, Communications, and Computers/Cyber,
shall issue regulations and guidance applicable to the
military departments, Defense Agencies, Department of
Defense Field Activities (as such terms are defined,
respectively, in section 101 of title 10, United States
Code), and combatant commands, as appropriate, to--
(A) facilitate the Department of Defense's
access to and utilization of modular system
interfaces;
(B) fully realize the intent of chapter
144B of title 10, United States Code, by
facilitating the implementation of modular open
system approaches across major defense
acquisition programs (as defined in section
2430 of title 10, United States Code) and other
relevant acquisition programs, including in the
acquisition and sustainment of weapon systems,
platforms, and components for which no common
interface standard has been established, to
enable communication between such weapon
systems, platforms, and components; and
(C) advance the efforts of the Department
to generate diverse and recomposable kill
chains.
(2) Elements.--The regulations and guidance
required under paragraph (1) shall include requirements
that--
(A) the program officer for each weapon
system characterizes, in the acquisition
strategy required under section 2431a of title
10, United States Code or in other
documentation, the desired modularity of the
weapon system for which the program officer is
responsible, including--
(i) identification of--
(I) the modular systems
that comprise the weapon
system;
(II) the information that
should be communicated between
individual modular systems
(such as tracking and targeting
data or command and control
instructions); and
(III) the desired function
of the communication between
modular systems (such as fire
control functions); and
(ii) a default configuration
specifying which modular systems should
communicate with other modular systems,
including modular systems of other
weapon systems;
(B) each relevant Department of Defense
contract entered into after the date on which
the regulations and guidance required under
paragraph (1) are implemented includes
requirements for the delivery of modular system
interfaces for modular systems deemed relevant
in the acquisition strategy or documentation
referred to in subparagraph (A), including--
(i) software-defined interface
syntax and properties, specifically
governing how values are validly passed
and received between major subsystems
and components, in machine-readable
format;
(ii) a machine-readable definition
of the relationship between the
delivered interface and existing common
standards or interfaces available in
the interface repositories established
pursuant to subsection (c); and
(iii) documentation with functional
descriptions of software-defined
interfaces, conveying semantic meaning
of interface elements, such as the
function of a given interface field;
(C) the relevant program offices, including
those responsible for maintaining and upgrading
legacy systems--
(i) that have not characterized the
desired modularity of the systems
nevertheless meet the requirements of
paragraph (2)(A), if the program
officers make an effort, to the extent
practicable, to update the acquisition
strategies required under section 2431a
of title 10, United States Code, or to
develop or update other relevant
documentation; and
(ii) that have awarded contracts
that do not include the requirements
specified in subparagraph (B) of
paragraph (2) nevertheless acquire, to
the extent practicable, the items
specified in clauses (i) through (iii)
of such subparagraph, either through
contractual updates, separate
negotiations or contracts, or program
management mechanisms; and
(D) the relevant program officers deliver
modular system interfaces and the associated
documentation to at least one of the
repositories established pursuant to subsection
(c).
(3) Applicability of regulations and guidance.--
(A) Applicability.--The regulations and
guidance required under paragraph (1) shall
apply to any program office responsible for the
prototyping, acquisition, or sustainment of a
new or existing weapon system.
(B) Extension of scope.--Not earlier than 1
year before, and not later than 2 years after
the regulations and guidance required under
paragraph (1) are issued for weapon systems,
the Under Secretary of Defense for Acquisition
and Sustainment may extend such regulations and
guidance to apply to software-based non-weapon
systems, including business systems and
cybersecurity systems.
(4) Inclusion of components.--For the purposes of
paragraph (2)(A), each component that meets the
following requirements shall be treated as a modular
system:
(A) A component that is able to execute
without requiring coincident execution of other
weapon systems or components and can
communicate across component boundaries and
through interfaces.
(B) A component that can be separated from
and recombined with other weapon systems or
components to achieve various effects,
missions, or capabilities.
(C) A component that is covered by a unique
contract line item.
(5) Machine-readable definition.--Where appropriate
and available, the requirement in paragraph (2)(B)(ii)
for a machine-readable definition may be satisfied by
using a covered technology.
(b) Extension of Modular Open Systems Approach and Rights
in Interface Software.--
(1) Requirement for modular open system approach.--
Section 2446a of title 10, United States Code, is
amended--
(A) in subsection (a), by adding at the end
the following: ``Other defense acquisition
programs shall also be designed and developed,
to the maximum extent practicable, with a
modular open system approach to enable
incremental development and enhance
competition, innovation, and
interoperability.'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``major system
interfaces'' and all that
follows and inserting ``modular
system interfaces between major
systems, major system
components and modular
systems;'';
(II) in subparagraph (B),
by striking ``major system
interfaces'' and all that
follows and inserting the
following: ``that relevant
modular system interfaces--
``(i) comply with, if available and
suitable, widely supported and
consensus-based standards; or
``(ii) are delivered pursuant to
the requirements established in
subsection (a)(2)(B) of section 804 of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021, including the
delivery of--
``(I) software-defined
interface syntax and
properties, specifically
governing how values are
validly passed and received
between major subsystems and
components, in machine-readable
format;
``(II) a machine-readable
definition of the relationship
between the delivered interface
and existing common standards
or interfaces available in
Department interface
repositories; and
``(III) documentation with
functional descriptions of
software-defined interfaces,
conveying semantic meaning of
interface elements, such as the
function of a given interface
field;''; and
(III) in subparagraph (C),
by inserting ``and modular
systems'' after ``severable
major system components'';
(ii) in paragraph (3)(A), by
striking ``well-defined major system
interfaces'' and inserting ``modular
system interfaces'';
(iii) by amending paragraph (4) to
read as follows:
``(4) The term `modular system interface' means a
shared boundary between major systems, major system
components, or modular systems, defined by various
physical, logical, and functional characteristics, such
as electrical, mechanical, fluidic, optical, radio
frequency, data, networking, or software elements.'';
(iv) by redesignating paragraphs
(5) through (8) as paragraphs (6)
through (9), respectively; and
(v) by inserting after paragraph
(4) the following new paragraph:
``(5) The term `modular system' refers to a weapon
system or weapon system component that--
``(A) is able to execute without requiring
coincident execution of other specific weapon
systems or components;
``(B) can communicate across component
boundaries and through interfaces; and
``(C) functions as a module that can be
separated, recombined, and connected with other
weapon systems or weapon system components in
order to achieve various effects, missions, or
capabilities.''.
(2) Rights in technical data.--
(A) In general.--Section 2320 of title 10,
United States Code, is amended--
(i) in subsection (a)(2), by
amending subparagraph (G) to read as
follows:
``(G) Modular system interfaces developed
exclusively at private expense or with mixed funding.--
Notwithstanding subparagraphs (B) and (E), the United
States shall have government purpose rights in
technical data pertaining to a modular system interface
developed exclusively at private expense or in part
with Federal funds and in part at private expense and
used in a modular open system approach pursuant to
section 2446a of this title, except in any case in
which the Secretary of Defense determines that
negotiation of different rights in such technical data
would be in the best interest of the United States.
Such modular system interface shall be identified in
the contract solicitation and the contract. For
technical data pertaining to a modular system interface
developed exclusively at private expense for which the
United States asserts government purpose rights, the
Secretary of Defense shall negotiate with the
contractor the appropriate and reasonable compensation
for such technical data.''; and
(ii) in subsection (h), by striking
``, `major system interface''' and
inserting ``, `modular system
interface'''.
(B) Regulations.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary of Defense shall update the
regulations required by section 2320(a)(1) of
title 10, United States Code, to reflect the
amendments made by this paragraph.
(c) Interface Repositories.--
(1) Establishment.--Not later than 90 days after
the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment
shall--
(A) direct the Secretaries concerned and
the heads of other appropriate Department of
Defense components to establish and maintain
repositories for interfaces, syntax and
properties, documentation, and communication
implementations delivered pursuant to the
requirements established under subsection
(a)(2)(B);
(B) establish and maintain a comprehensive
index of interfaces, syntax and properties,
documentation, and communication
implementations delivered pursuant to the
requirements established under subsection
(a)(2)(B) and maintained in the repositories
required under subparagraph (A); and
(C) if practicable, establish and maintain
an alternate reference repository of
interfaces, syntax and properties,
documentation, and communication
implementations delivered pursuant to the
requirements established under subsection
(a)(2)(B).
(2) Distribution of interfaces.--
(A) In general.--Consistent with the
requirements of section 2320 of title 10,
United States Code, the Under Secretary of
Defense for Acquisition and Sustainment shall,
in coordination with the Director of the
Defense Standardization Program Office, use the
index and repositories established pursuant to
paragraph (1) to provide access to interfaces
and relevant documentation to authorized
Federal Government and non-Governmental
entities.
(B) Non-government recipient use limits.--A
non-Governmental entity that receives access
under subparagraph (A) may not further release,
disclose, or use such data except as
authorized.
(d) System of Systems Integration Technology and
Experimentation.--
(1) Demonstration and assessment.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Director for Command, Control,
Communications, and Computers/Cyber and the
Chief Information Officer of the Department of
Defense, acting through the Joint All-Domain
Command and Control cross-functional team,
shall conduct demonstrations and complete an
assessment of the technologies developed under
the System of Systems Integration Technology
and Experimentation program of the Defense
Advanced Research Projects Agency, including a
covered technology, and the applicability of
any such technologies to the Joint All-Domain
Command and Control architecture.
(B) Coverage.--The demonstrations and
assessment required under subparagraph (A)
shall include--
(i) at least three demonstrations
of the use of a covered technology to
create, under constrained schedules and
budgets, novel kill chains involving
previously incompatible weapon systems,
sensors, and command, control, and
communication systems from multiple
military services in cooperation with
United States Indo-Pacific Command or
United States European Command;
(ii) an evaluation as to whether
the communications enabled via a
covered technology are sufficient for
military missions and whether such
technology results in any substantial
performance loss in communication
between systems, major subsystems, and
major components;
(iii) an evaluation as to whether a
covered technology obviates the need to
develop, impose, and maintain strict
adherence to common communication and
interface standards for weapon systems;
(iv) the appropriate roles and
responsibilities of the Chief
Information Officer of the Department
of Defense, the Under Secretary of
Defense for Acquisition and
Sustainment, the heads of the combatant
commands, the Secretaries concerned,
the Defense Advanced Research Projects
Agency, and the defense industrial base
in using and maintaining a covered
technology to generate diverse and
recomposable kill chains as part of the
Joint All-Domain Command and Control
architecture;
(v) for at least one of the
demonstrations conducted under clause
(i), demonstration of the use of
technology developed under the High-
Assurance Cyber Military Systems
program of the Defense Advanced
Research Projects Agency to secure
legacy weapon systems and command and
control capabilities while facilitating
interoperability;
(vi) an evaluation of how the
technology referred to in clause (v)
and covered technology should be used
to improve cybersecurity and
interoperability across critical weapon
systems and command and control
capabilities across the joint forces;
and
(vii) coordination with the program
manager for the Time Sensitive
Targeting Defeat program under the
Under Secretary of Defense for Research
and Engineering and the Under Secretary
of Defense for Intelligence and
Security.
(2) Chief information officer assessment.--
(A) In general.--The Chief Information
Officer for the Department of Defense, in
coordination with the Principal Cyber Advisor
to the Secretary of Defense and the Director of
the Cybersecurity Directorate of the National
Security Agency, shall assess the technologies
developed under the System of Systems
Integration Technology and Experimentation
program of the Defense Advanced Research
Projects Agency, including the covered
technology, and applicability of such
technology to the business systems and
cybersecurity tools of the Department.
(B) Coverage.--The assessment required
under subparagraph (A) shall include--
(i) an evaluation as to how the
technologies referred to in such
subparagraph could be used in
conjunction with or instead of existing
cybersecurity standards, frameworks,
and technologies designed to enable
communication between, and coordination
of, cybersecurity tools;
(ii) as appropriate, demonstrations
by the Chief Information Office of the
use of such technologies in enabling
communication between, and coordination
of, previously incompatible
cybersecurity tools; and
(iii) as appropriate,
demonstrations of the use of such
technologies in enabling communication
between previously incompatible
business systems.
(3) Sustainment of certain engineering resources
and capabilities.--During the period the demonstrations
and assessments required under this subsection are
conducted, and thereafter to the extent required to
execute the activities directed by the Joint All-Domain
Command and Control cross-functional team, the Joint
All-Domain Command and Control cross-functional team
shall sustain the System of Systems Technology
Integration Tool Chain for Heterogeneous Electronic
Systems engineering resources and capabilities
developed by the Defense Advanced Research Projects
Agency.
(4) Transfer of responsibility.--Not earlier than 1
year before, and not later than 2 years after the date
of the enactment of this Act, the Secretary of Defense
may transfer responsibility for maintaining the
engineering resources and capabilities described in
paragraph (3) to a different organization within the
Department.
(e) Open Standards.--Nothing in this section shall be
construed as requiring, preventing, or interfering with the use
or application of any given communication standard or
interface. The communication described in subsection (a)(2)(A)
may be accomplished by using existing open standards, by the
creation and use of new open standards, or through other
approaches, provided that such standards meet the requirements
of subsection (a)(2)(B).
(f) Definitions.--In this section:
(1) The term ``covered technology'' means the
domain-specific programming language for interface
field transformations and its associated compilation
toolchain (commonly known as the ``System of Systems
Technology Integration ToolChain for Heterogeneous
Electronic Systems'') developed under the Defense
Advanced Research Projects Agency System of Systems
Integration Technology and Experimentation program, or
any other technology that is functionally equivalent.
(2) The term ``desired modularity'' means the
desired degree to which weapon systems, components
within a weapon system, and components across weapon
systems can function as modules that can communicate
across component boundaries and through interfaces and
can be separated and recombined to achieve various
effects, missions, or capabilities, as determined by
the program officer for such weapon system.
(3) The term ``machine-readable format'' means a
format that can be easily processed by a computer
without human intervention.
(4) The terms ``major system'', ``major system
component'', ``modular open system approach'',
``modular system'', ``modular system interface'', and
``weapon system'' have the meanings given such terms,
respectively, in section 2446a of title 10, United
States Code.
SEC. 805. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE TIER
ACQUISITION PROGRAM.
Section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2302 note) is amended by adding at
the end the following new subsection:
``(e) Report.--Not later than 30 days after the date of
termination of an acquisition program commenced using the
authority under this section, the Secretary of Defense shall
submit to Congress a notification of such termination. Such
notice shall include--
``(1) the initial amount of a contract awarded
under such acquisition program;
``(2) the aggregate amount of funds awarded under
such contract; and
``(3) written documentation of the reason for
termination of such acquisition program.''.
SEC. 806. DEFINITION OF MATERIAL WEAKNESS FOR CONTRACTOR BUSINESS
SYSTEMS.
Section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2302 note) is amended--
(1) by striking ``significant deficiencies'' both
places it appears and inserting ``material
weaknesses'';
(2) by striking ``significant deficiency'' each
place it appears and inserting ``material weakness'';
and
(3) by amending subsection (g)(4) to read as
follows:
``(4) The term `material weakness' means a
deficiency or combination of deficiencies in the
internal control over information in contractor
business systems, such that there is a reasonable
possibility that a material misstatement of such
information will not be prevented, or detected and
corrected, on a timely basis. For purposes of this
paragraph, a reasonable possibility exists when the
likelihood of an event occurring--
``(A) is probable; or
``(B) is more than remote but less than
likely.''.
SEC. 807. SPACE SYSTEM ACQUISITION AND THE ADAPTIVE ACQUISITION
FRAMEWORK.
(a) Service Acquisition Executive for Space Systems and
Programs.--Before implementing the application of the adaptive
acquisition framework to a Space Systems Acquisition pathway
described in subsection (c), there shall be within the
Department of the Air Force an individual serving as the
Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs as required under section
957 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1566; 10 U.S.C. 9016 note).
(b) Milestone Decision Authority for United States Space
Force.--
(1) Program executive officer.--The Service
Acquisition Executive for Space Systems and Programs of
the United States Space Force may further delegate
authority to an appropriate program executive officer
to serve as the milestone decision authority for major
defense acquisition programs of the United States Space
Force.
(2) Program manager.--The program executive officer
assigned under paragraph (1) may further delegate
authority over major systems to an appropriate program
manager.
(c) Adaptive Acquisition Framework Application to Space
Acquisition.--
(1) In general.--The Secretary of Defense shall
take such actions necessary to ensure the adaptive
acquisition framework (as described in Department of
Defense Instruction 5000.02, ``Operation of the
Adaptive Acquisition Framework'') includes one or more
pathways specifically tailored for Space Systems
Acquisition in order to achieve faster acquisition,
improve synchronization and more rapid fielding of
critical end-to-end capabilities (including by using
new commercial capabilities and services), while
maintaining accountability for effective programs that
are delivered on time and on budget.
(2) Goal.--The goal of the application of the
adaptive acquisition framework to a Space Systems
Acquisition pathway shall be to quickly and effectively
acquire end-to-end space warfighting capabilities
needed to address the requirements of the national
defense strategy (as defined under section 113(g) of
title 10, United States Code).
(d) Report.--
(1) In general.--Not later than May 15, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report on the application of the
adaptive acquisition framework to any Space Systems
Acquisition pathway established under subsection (a)
that includes the following:
(A) Proposed United States Space Force
budget line items for fiscal year 2022,
including--
(i) a comparison with budget line
items for any major defense acquisition
programs, middle tier acquisition
programs, covered software programs,
and major systems of the United States
Space Force for three previous fiscal
years;
(ii) existing and recommended
measures to ensure sufficient
transparency and accountability related
to the performance of the Space Systems
Acquisition pathway; and
(iii) proposed mechanisms to enable
insight into the funding prioritization
process and significant funding
changes, including the independent cost
estimate basis and full funding
considerations for any major defense
acquisition programs, middle tier
acquisition programs, covered software
programs, and major systems procured by
the United States Space Force.
(B) Proposed revised, flexible, and
streamlined options for joint requirements
validation in order to be more responsive and
innovative, while ensuring the ability of the
Joint Chiefs of Staff to ensure top-level
system requirements are properly prioritized to
address joint-warfighting needs.
(C) A list of acquisition programs of the
United States Space Force for which multiyear
contracting authority under sections 2306b or
2306c of title 10, United States Code, is
recommended.
(D) A list of space systems acquisition
programs for which alternative acquisition
pathways may be used.
(E) Policies or procedures for potential
new pathways in the application of the adaptive
acquisition framework to a Space Systems
Acquisition with specific acquisition key
decision points and reporting requirements for
development, fielding, and sustainment
activities that meet the requirements of the
adaptive acquisition framework.
(F) An analysis of the need for updated
determination authority for procurement of
useable end items that are not weapon systems.
(G) Policies and a governance structure,
for both the Office of the Secretary of Defense
and each military department, for a separate
United States Space Force budget topline,
corporate process, and portfolio management
process.
(H) An analysis of the risks and benefits
of the delegation of the authority of the head
of contracting activity authority to the Chief
of Space Operations in a manner that would not
expand the operations of the United States
Space Force.
(2) Comptroller general review.--Not later than 60
days after the submission of the report required under
paragraph (1), the Comptroller General of the United
States shall review such report and submit to the
congressional defense committees an analysis and
recommendations based on such report.
(e) Definitions.--In this section:
(1) Covered software program.--The term ``covered
software program'' means an acquisition program or
project that is carried out using the software
acquisition pathway established under section 800 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C.
2223a note).
(2) Major defense acquisition program.--The term
``major defense acquisition program'' has the meaning
given in section 2430 of title 10, United States Code.
(3) Major system.--The term ``major system'' has
the meaning given in section 2302 of title 10, United
States Code.
(4) Middle tier acquisition program.--The term
``middle tier acquisition program'' means an
acquisition program or project that is carried out
using the rapid fielding or rapid prototyping
acquisition pathway under section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note).
(5) Milestone decision authority.--The term
``milestone decision authority'' has the meaning given
in section 2431a of title 10, United States Code.
(6) Program executive officer; program manager.--
The terms ``program executive officer'' and ``program
manager'' have the meanings given those terms,
respectively, in section 1737 of title 10, United
States Code.
SEC. 808. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
(a) Authority.--The Secretary of Defense shall delegate to
the Director of the Joint Artificial Intelligence Center the
acquisition authority to exercise the functions of a head of an
agency (as defined in section 2302 of title 10, United States
Code) with respect to appropriate acquisition activities of the
Center.
(b) JAIC Acquisition Executive.--
(1) In general.--The staff of the Director shall
include an acquisition executive who shall be
responsible for the supervision of appropriate
acquisition activities under subsection (a). Subject to
the authority, direction, and control of the Director
of the Center, the acquisition executive shall have the
authority--
(A) to negotiate memoranda of agreement
with any element of the Department of Defense
to carry out the acquisition of technologies,
services, and capabilities developed or
identified by the Center;
(B) to supervise the acquisition of
technologies, services, and capabilities to
support the mission of the Center;
(C) to represent the Center in discussions
with the Secretaries concerned regarding
acquisition programs relating to such
appropriate acquisition activities for which
the Center is involved; and
(D) to work with the Secretaries concerned
to ensure that the Center is appropriately
represented in any joint working group or
integrated product team regarding acquisition
programs relating to such appropriate
activities for which the Center is involved.
(2) Delivery of acquisition solutions.--The
acquisition executive of the Center shall be--
(A) responsible to the Director for rapidly
delivering capabilities to meet validated
requirements;
(B) subordinate to the Under Secretary of
Defense for Acquisition and Sustainment in
matters of acquisition; and
(C) included on the distribution list for
acquisition directives and instructions of the
Department of Defense.
(c) Acquisition Personnel.--
(1) In general.--The Secretary of Defense shall
provide the Center with at least 10 full-time employees
to support the Director in carrying out the
requirements of this section, including personnel with
experience in--
(A) acquisition practices and processes;
(B) the Joint Capabilities Integration and
Development System process;
(C) program management;
(D) software development and systems
engineering; and
(E) cost analysis.
(2) Existing personnel.--The personnel provided
under this subsection shall be provided from among the
existing personnel of the Department of Defense.
(d) Funding.--In exercising the acquisition authority
granted in subsection (a), the Director may not obligate or
expend more than $75,000,000 out of the funds made available in
each of fiscal years 2021, 2022, 2023, 2024, and 2025 to enter
into new contracts to support appropriate acquisition
activities carried out under this section.
(e) Implementation Plan and Demonstration Required.--
(1) In general.--The Secretary of Defense--
(A) may use the acquisition authority
granted under subsection (a) on or after 30
days after the date on which the Secretary
provides to the congressional defense
committees a plan for implementation of such
authority; and
(B) by March 15, 2022, shall provide a
demonstration of operational capability
delivered under such authority.
(2) Implementation plan.--The plan shall include
the following:
(A) Description of the types of activities
to be undertaken using the acquisition
authority provided under subsection (a).
(B) Plan for the negotiation and approval
of any such memorandum of agreement with an
element of the Department of Defense to support
Center missions and transition of artificial
intelligence capabilities into appropriate
acquisition programs or into operational use.
(C) Plan for oversight of the position of
acquisition executive established in subsection
(b).
(D) Assessment of the acquisition
workforce, tools, and infrastructure needs of
the Center to support the authority under
subsection (a) until September 30, 2025.
(E) Other matters as appropriate.
(3) Demonstration.--The capability demonstration
shall include a description of how the acquisition
authority enabled the capability, how requirements were
established and agreed upon, how testing was conducted,
and how the capability was transitioned to the user, as
well as any other matters deemed appropriate by the
Center.
(4) Relationship to other authorities.--The
requirement to submit a plan under this subsection is
in addition to the requirements under section 260 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1293).
(f) Sunset.--Effective October 1, 2025, the Director may
not exercise the authority under subsection (a) and may not
enter into any new contracts under this section. The
performance on any contract entered into before such date may
continue according to the terms of such contract.
(g) Definitions.--In this section:
(1) Center.--The term ``Center'' has the meaning
given the term ``Joint Artificial Intelligence Center''
in section 260(c) of National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1294).
(3) Director.--The term ``Director'' means the
Director of the Center.
(4) Element.--The term ``element'' means an element
described under section 111(b) of title 10, United
States Code.
(5) Secretary concerned.--The term ``Secretary
concerned'' has the meaning given in section 101(9) of
title 10, United States Code.
SEC. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY
REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION
PROGRAMS.
(a) In General.--The Secretary of Defense and the
individual appointed under section 2361a(c) of title 10, United
States Code, (in this section referred to as the ``Director'')
shall each--
(1) conduct an assessment of the processes for
developing and approving capability requirements for
the acquisition programs of the Department of Defense
and each military department; and
(2) develop recommendations for reforming such
process to improve the agility and timeliness of such
process.
(b) Assessment Elements.--Each assessment conducted under
subsection (a) shall include the following:
(1) An assessment of the--
(A) adherence of the capability
requirements development and approval processes
to statute, regulations, policies, and
directives;
(B) alignment and standardization of the
capability requirements development,
acquisition, and budget processes;
(C) technical feasibility of each approved
capability requirement;
(D) training and development of the
workforce in capability requirements
development and evaluation;
(E) ability of the process for developing
capability requirements to address the urgent
needs of the Department of Defense;
(F) capacity to review changes in
capability requirements for programs of record;
(G) validation of decisions made to approve
capability requirements and the alignment of
each such decision to the national defense
strategy required under section 113(g) of title
10, United States Code;
(H) extent to which portfolio management
techniques are used in the process for
developing capability requirements to
coordinate decisions and avoid duplication of
capabilities across acquisition programs; and
(I) implementation by each military
department of Comptroller General of the United
States recommendations pertaining to the
process for developing and approving capability
requirements.
(2) A comprehensive analysis of the circumstances
and factors contributing to the length of time between
the start of a Capabilities-Based Assessment and the
date the Joint Requirements Oversight Council approves
the related Capability Development Document.
(3) Identification and comparison of best practices
in the private sector and the public sector for the
development and approval of capability requirements.
(4) Any additional matters that the Secretary or
Director determine appropriate.
(c) Reports.--
(1) Assessment by secretary.--Not later than
October 1, 2021, the Secretary of Defense shall submit
to the congressional defense committees a report on the
assessment conducted by the Secretary under subsection
(a), including--
(A) a description of such assessment;
(B) the results of such assessment,
including the analysis described in subsection
(b)(2);
(C) a plan to reduce, when appropriate, the
length of time between the start of a
Capabilities-Based Assessment and the date the
Joint Requirements Oversight Council approves
the related Capability Development Document;
and
(D) any additional recommendations for
legislation, regulations, or policies that the
Secretary determines appropriate.
(2) Assessment by director.--
(A) Report to secretary.--Not later than
November 30, 2021, the Director shall submit to
the Secretary of Defense a report on the
assessment conducted by the Director pursuant
to subsection (a).
(B) Report to congress.--Not later than
January 1, 2022, the Secretary of Defense shall
submit to the congressional defense committees
the report described in subparagraph (A)
together with such comments as the Secretary
determines appropriate, including--
(i) a description and the results
of the assessment conducted pursuant to
subsection (a)(2);
(ii) recommendations on how the
Department of Defense can improve the
efficiency of developing and approving
capability requirements; and
(iii) any additional
recommendations for legislation,
regulations, or policies that the
Secretary determines appropriate.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE.
(a) Sustainment Activities in the National Defense
Strategy.--
(1) In general.--Section 113(g)(1)(B) of title 10,
United States Code, as amended by section 551 of this
Act, is further amended by adding at the end the
following new clauses:
``(viii) A strategic framework prescribed by the
Secretary that guides how the Department will
prioritize and integrate activities relating to
sustainment of major defense acquisition programs, core
logistics capabilities (as described under section 2464
of this title), commercial logistics capabilities, and
the national technology and industrial base (as defined
in section 2500 of this title).
``(ix) A strategic framework prescribed by the
Secretary that guides how the Department will
specifically address contested logistics, including
major investments for related infrastructure,
logistics-related authorities, force posture, related
emergent technology and advanced computing
capabilities, operational resilience, and operational
energy, over the following five-year period to support
such strategy.''.
(2) Duties of the under secretary of defense for
acquisition and sustainment.--Section 133b(b) of title
10, United States Code, is amended--
(A) in paragraph (7), by striking ``and''
at the end;
(B) in paragraph (8), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) advising the Secretary on all aspects of
acquisition and sustainment relating to--
``(A) defense acquisition programs;
``(B) core logistics capabilities (as
described under section 2464 of this title);
and
``(C) the national technology and
industrial base (as defined in section 2500 of
this title).''.
(3) Interim guidance.--Not later than October 1,
2021, the Secretary of Defense shall publish interim
guidance to carry out the requirements of this
subsection.
(b) Report.--Not later than February 1, 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report on the progress towards publishing the interim
guidance required under subsection (a)(3).
SEC. 812. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF
ACQUISITION FUNCTIONS.
Section 1706 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``and each major automated
information system program'' and inserting
``(as defined in section 2430 of this title),
each acquisition program that is estimated by
the Secretary of Defense to require an eventual
total expenditure greater than the amount
described in section 2430(a)(1)(B) of this
title, and any other acquisition program
identified by the Secretary''; and
(B) by adding at the end the following new
paragraph:
``(14) Program lead software.''; and
(2) by striking subsection (c).
SEC. 813. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF
ACQUISITION PROGRAMS AND RELATED INITIATIVES.
Section 2229b(b)(2) of title 10, United States Code, is
amended by striking ``a summary of'' and all that follows
through ``discussion of the'' and inserting ``a discussion of
selected organizational, policy, and legislative changes, as
determined appropriate by the Comptroller General, and the
potential''.
SEC. 814. COST OR PRICING DATA REPORTING REQUIREMENTS FOR DEPARTMENT OF
DEFENSE CONTRACTS.
(a) Cost or Pricing Data.--
(1) In general.--Section 2306a(a)(1) of title 10,
United States Code, is amended--
(A) in subparagraph (B), by striking
``contract if'' and all that follows through
the period at the end and inserting ``contract
if the price adjustment is expected to exceed
$2,000,000.'';
(B) in subparagraph (C), by striking
``section and'' and all that follows through
the period at the end and inserting ``section
and the price of the subcontract is expected to
exceed $2,000,000.''; and
(C) in subparagraph (D), by striking
``subcontract if'' and all that follows through
the period at the end and inserting
``subcontract if the price adjustment is
expected to exceed $2,000,000.''.
(2) Applicability.--The amendments made by this
subsection shall apply to any contract, or modification
or change to a contract, entered into on or after the
date of the enactment of this Act.
(b) Report.--
(1) In general.--Not later than July 1, 2022, the
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall provide
to the congressional defense committees a report
analyzing the impact, including any benefits to the
Federal Government, of the amendments made by this
section.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) Data to illustrate any efficiencies
achieved, costs avoided, and acquisition
timelines improved.
(B) Analysis of associated costs to the
Federal Government, if any.
(C) Analysis of underlying causes or
factors that limited the benefits described in
subparagraph (A).
(D) Other matters the Secretary deems
appropriate.
(3) Form.--The report required under paragraph (1)
shall be in an unclassified form but may contain a
classified annex.
SEC. 815. PROMPT PAYMENT OF CONTRACTORS.
Section 2307(a)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``if a
specific payment date is not established by contract'';
and
(2) in subparagraph (B), by striking ``if--'' and
all that follows through ``the prime contractor
agrees'' and inserting ``if the prime contractor agrees
or proposes''.
SEC. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Determinations Regarding the Commercial Nature of
Products or Services.--
``(1) In general.--In making a determination
whether a particular product or service offered by a
contractor meets the definition of a commercial product
or commercial service, a contracting officer of the
Department of Defense may--
``(A) request support from the Director of
the Defense Contract Management Agency, the
Director of the Defense Contract Audit Agency,
or other appropriate experts in the Department
to make a determination whether a product or
service is a commercial product or commercial
service; and
``(B) consider the views of appropriate
public and private sector entities.
``(2) Memorandum.--Within 30 days after a contract
award, the contracting officer shall, consistent with
the policies and regulations of the Department, submit
a written memorandum summarizing the determination
referred to in paragraph (1), including a detailed
justification for such determination.''.
SEC. 817. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO
SOURCING REQUIREMENTS FOR CERTAIN ARTICLES.
Subsection (h) of section 2533a of title 10, United States
Code, is amended to read as follows:
``(h) Exception for Small Purchases.--(1) Subsection (a)
does not apply to purchases for amounts not greater than
$150,000. A proposed procurement of an item in an amount
greater than $150,000 may not be divided into several purchases
or contracts for lesser amounts in order to qualify for this
exception.
``(2) On October 1 of each year that is evenly divisible by
five, the Secretary of Defense may adjust the dollar threshold
in this subsection based on changes in the Consumer Price
Index. Any such adjustment shall take effect on the date on
which the Secretary publishes notice of such adjustment in the
Federal Register.''.
SEC. 818. REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY
CONSTRUCTION CONTRACTS.
(a) In General.--Section 2870 of title 10, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) Clerical amendment.--The table of sections at
the beginning of subchapter III of chapter 169 of title
10, United States Code, is amended by striking the item
relating to section 2870.
(2) Repeal.--Section 865 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1523) is repealed.
SEC. 819. MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN
OWNERSHIP, CONTROL, OR INFLUENCE OF DEPARTMENT OF
DEFENSE CONTRACTORS AND SUBCONTRACTORS.
(a) Assessment of FOCI.--Subparagraph (A) of section
847(b)(2) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509
note) is amended by adding at the end the following new clause:
``(v) A requirement for the Secretary to
require reports and conduct examinations on a
periodic basis of covered contractors or
subcontractors in order to assess compliance
with the requirements of this section.''.
(b) Contract Requirements, Administration, and Oversight
Relating to Foci.--Subparagraph (C) of such section is
amended--
(1) by redesignating clause (iv) as clause (v); and
(2) by inserting after clause (iii) the following
new clause:
``(iv) Procedures for appropriately
responding to changes in covered
contractor or subcontractor beneficial
ownership status based on changes in
disclosures of their beneficial
ownership and whether they are under
FOCI and the reports and examinations
required by subparagraph (A)(v).''.
(c) Timelines and Milestones for Implementation.--
(1) Implementation plan.--Not later than March 1,
2021, the Secretary of Defense shall provide to the
congressional defense committees a plan and schedule
for implementation of the requirements of section 847
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C.
2509 note), as amended by this section, including--
(A) a timeline for issuance of regulations,
development of training for appropriate
officials, and development of systems for
reporting of beneficial ownership and FOCI by
covered contractors or subcontractors;
(B) the designation of officials and
organizations responsible for such
implementation; and
(C) interim milestones to be met in
implementing the plan and schedule.
(2) Revision of regulations, directives, guidance,
training, and policies.--Not later than July 1, 2021,
the Secretary of Defense shall revise relevant
directives, guidance, training, and policies, including
revising the Department of Defense Supplement to the
Federal Acquisition Regulation, to fully implement the
requirements of such section 847.
(3) Definitions.--In this subsection, the term
``beneficial ownership'', ``FOCI'', and ``covered
contractors or subcontractors'' have the meanings
given, respectively, in section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 note).
(d) Technical Amendments.--Section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1505; 10 U.S.C. 2509 note), as amended by this
section, is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking
``contractors and subcontractors'' and
inserting ``covered contractors or
subcontractors''; and
(B) in paragraph (2)--
(i) by striking ``covered
contractors and subcontractors'' each
place it appears and inserting
``covered contractors or
subcontractors'';
(ii) in subparagraph (B)(iii), by
striking ``a contractor or
subcontractor'' and inserting ``such a
covered contractor or subcontractor'';
and
(iii) in subparagraph (C)(ii), by
striking ``section 831(c)'' and
inserting ``section 2509(c) of title
10, United States Code''; and
(2) in subsection (c), by striking ``subsection
(b)(2)(A) and (b)(2)(C)'' and inserting ``subsections
(b)(2)(A) and (b)(2)(C)''.
SEC. 820. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.
Section 836(b) of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 2302 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) was entered into--
``(A) with respect to a contract or group
of contracts not described in subparagraph (B),
at least 7 fiscal years before the current
fiscal year; and
``(B) with respect to a contract or group
of contracts for military construction (as
defined in section 2801 of title 10, United
States Code) or shipbuilding, at least 10
fiscal years before the current fiscal year;'';
and
(2) by amending paragraph (2) to read as follows:
``(2) the performance or delivery has been
completed at least 4 years before the current fiscal
year; and''.
SEC. 821. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION FACTOR
FOR EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE
SELECTED RESERVE.
Section 819 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3385; 10 U.S.C.
2305 note) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection
(b).
Subtitle C--Provisions Relating to Software and Technology
SEC. 831. CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF
INITIAL OR ADDITIONAL PROTOTYPE UNITS.
(a) In General.--Section 2302e of title 10, United States
Code, is amended--
(1) in the heading, by striking ``advanced
development'' and inserting ``development and
demonstration'';
(2) in subsection (a)(1), by striking ``provision
of advanced component development, prototype,'' and
inserting ``development and demonstration''; and
(3) by adding at the end the following new
subsection:
``(c) Procedures.--The Secretary of Defense shall establish
procedures to collect and analyze information on the use and
benefits of the authority under this section and related
impacts on performance, affordability, and capability
delivery.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by striking the item relating to section 2302e and
inserting the following new item:
``2302e. Contract authority for development and demonstration of initial
or additional prototype units.''.
SEC. 832. EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR
INNOVATIVE TECHNOLOGY PROGRAMS.
Section 873(f) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2306a note)
is amended by striking ``October 1, 2020'' and inserting
``October 1, 2022''.
SEC. 833. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall maintain on the single
Government-wide point of entry described under section 1708 of
title 41, United States Code, a list of the consortia used by
the Secretary to announce or otherwise make available
opportunities to enter into a transaction under the authority
of section 2371 of title 10, United States Code, or a
transaction for a prototype project under section 2371b of such
title.
SEC. 834. PILOT PROGRAM ON THE USE OF CONSUMPTION-BASED SOLUTIONS TO
ADDRESS SOFTWARE-INTENSIVE WARFIGHTING CAPABILITY.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense is authorized to
establish a pilot program to explore the use of consumption-
based solutions to address software-intensive warfighting
capability.
(b) Selection of Initiatives.--Each Secretary of a military
department and each commander of a combatant command with
acquisition authority shall propose for selection by the
Secretary of Defense for the pilot program at least one and not
more than three initiatives that are well-suited to explore
consumption-based solutions, to include addressing software-
intensive warfighting capability. The initiatives may be new or
existing programs of record, and may include applications
that--
(1) rapidly analyze sensor data;
(2) secure warfighter networks, including
multilevel security;
(3) swiftly transport information across various
networks and network modalities;
(4) enable joint all-domain operational concepts,
including in a contested environment; or
(5) advance military capabilities and
effectiveness.
(c) Requirements.--A contract or other agreement for
consumption-based solutions entered into under the pilot
program shall require--
(1) the effectiveness of the solution to be
measurable at regular intervals customary for the type
of solution provided under contract or other agreement;
and
(2) that the awardee notify the Secretary of
Defense when consumption under the contract or other
agreement reaches 75 percent and 90 percent of the
funded amount, respectively, of the contract or other
agreement.
(d) Exemption.--A modification to a contract or other
agreement entered into under this section to add new features
or capabilities in an amount less than or equal to 25 percent
of the total value of such contract or other agreement shall be
exempt from the requirements of full and open competition (as
defined in section 2302 of title 10, United States Code).
(e) Duration.--The duration of a contract or other
agreement entered into under this section may not exceed three
years.
(f) Monitoring and Evaluation of Pilot Program.--The
Director of Cost Assessment and Program Evaluation shall
continuously monitor and evaluate the pilot program, including
by collecting data on cost, schedule, and performance from the
program office, the user community, and the awardees involved
in the program.
(g) Reports.--
(1) Initial report.--Not later than May 15, 2021,
the Secretary of Defense shall submit to the
congressional defense committees a report on
initiatives selected for the pilot program, roles, and
responsibilities for implementing the program, and the
monitoring and evaluation approach that will be used
for the program.
(2) Progress report.--Not later than October 15,
2021, the Secretary of Defense shall submit to the
congressional defense committees a report on the
progress of the initiatives selected for the pilot
program.
(3) Final report.--Not later than 3 years after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the cost, schedule, and
performance outcomes of the initiatives carried out
under the pilot program. The report shall also include
lessons learned about the use of consumption-based
solutions for software-intensive capabilities and any
recommendations for statutory or regulatory changes to
facilitate the use of such solutions.
(h) Consumption-based Solution Defined.--In this section,
the term ``consumption-based solution'' means any combination
of software, hardware or equipment, and labor or services that
provides a seamless capability that is metered and billed based
on actual usage and predetermined pricing per resource unit,
and includes the ability to rapidly scale capacity up or down.
SEC. 835. BALANCING SECURITY AND INNOVATION IN SOFTWARE DEVELOPMENT AND
ACQUISITION.
(a) Requirements for Solicitations of Commercial and
Developmental Solutions.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Chief
Information Officer of the Department of Defense, shall develop
requirements for appropriate software security criteria to be
included in solicitations for commercial and developmental
solutions and the evaluation of bids submitted in response to
such solicitations, including a delineation of what processes
were or will be used for a secure software development life
cycle. Such requirements shall include--
(1) establishment and enforcement of secure coding
practices;
(2) management of supply chain risks and third-
party software sources and component risks;
(3) security of the software development
environment;
(4) secure deployment, configuration, and
installation processes; and
(5) an associated vulnerability management plan and
identification of tools that will be applied to achieve
an appropriate level of security.
(b) Security Review of Code.--The Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Chief Information Officer of the Department of Defense,
shall develop--
(1) procedures for the security review of code; and
(2) other procedures necessary to fully implement
the pilot program required under section 875 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2223 note).
(c) Coordination With Cybersecurity Acquisition Policy
Efforts.--The Under Secretary of Defense for Acquisition and
Sustainment shall develop the requirements and procedures
described under subsections (a) and (b) in coordination with
the efforts of the Department of Defense to develop new
cybersecurity and program protection policies and guidance that
are focused on cybersecurity in the context of acquisition and
program management and on safeguarding information.
SEC. 836. DIGITAL MODERNIZATION OF ANALYTICAL AND DECISION-SUPPORT
PROCESSES FOR MANAGING AND OVERSEEING DEPARTMENT OF
DEFENSE ACQUISITION PROGRAMS.
(a) Digital Data Management and Analytics Capabilities.--
(1) In general.--The Secretary of Defense shall
iteratively develop and integrate advanced digital data
management and analytics capabilities, consistent with
private sector best practices, that--
(A) integrate all aspects of the defense
acquisition system, including the development
of capability requirements, research, design,
development, testing, evaluation, acquisition,
management, operations, and sustainment of
systems;
(B) facilitate the management and analysis
of all relevant data generated during the
development of capability requirements,
research, design, development, testing,
evaluation, acquisition, operations, and
sustainment of systems;
(C) enable the use of such data to inform
further development, acquisition, management
and oversight of such systems, including
portfolio management; and
(D) include software capabilities to
collect, transport, organize, manage, make
available, and analyze relevant data throughout
the life cycle of defense acquisition programs,
including any data needed to support individual
and portfolio management of acquisition
programs.
(2) Requirements.--The capabilities developed under
paragraph (1) shall--
(A) be accessible to, and useable by,
individuals throughout the Department of
Defense who have responsibilities relating to
activities described in clauses (A) through (C)
of paragraph (1);
(B) enable the development, use, curation,
and maintenance of original form and real-time
digital systems by--
(i) ensuring shared access to data
within the Department;
(ii) supplying data to digital
engineering models for use in the
defense acquisition, sustainment, and
portfolio management processes; and
(iii) supplying data to testing
infrastructure and software to support
automated approaches for testing,
evaluation, and deployment throughout
the defense acquisition, sustainment,
and portfolio management processes; and
(C) feature--
(i) improved data management and
sharing processes;
(ii) timely, high-quality,
transparent, and actionable analyses;
and
(iii) analytical models and
simulations.
(3) Enabling data infrastructure, tools, and
processes.--In developing the capability required under
paragraph (1), the Secretary of Defense shall--
(A) move supporting processes and the data
associated with such processes from analog to
digital format, including planning and
reporting processes;
(B) make new and legacy data more
accessible to, and usable by, appropriate
employees and contractors (at any tier) of the
Department of Defense and members of the Armed
Forces, including through migration of program
and other documentation into digital formats;
(C) modernize the query, collection,
storage, retrieval, reporting, and analysis
capabilities for stakeholders within the
Department, including research entities,
Program Management Offices, analytic
organizations, oversight staff, and decision
makers;
(D) automate data collection and storage to
minimize or eliminate manual data entry or
manual reporting;
(E) enable employees and other appropriate
users to access data from all relevant data
sources, including through--
(i) streamlining data access
privileges;
(ii) sharing of appropriate data
between and among Federal Government
and contractor information systems; and
(iii) enabling timely and
continuous data collection and sharing
from all appropriate personnel,
including contractors;
(F) modernize existing enterprise
information systems to enable interoperability
consistent with technical best practices; and
(G) provide capabilities and platforms to
enable continuous development and integration
of software using public and private sector
best practices.
(b) Portfolio Management.--The Secretary of Defense shall
establish capabilities for robust, effective, and data-driven
portfolio management described in subsection (a)(1)(C), using
the capability established in this section, to improve the
Department of Defense-wide assessment, management, and
optimization of the investments in weapon systems of the
Department, including through consolidation of duplicate or
similar weapon system programs.
(c) Demonstration Activities.--
(1) In general.--The Secretary of Defense shall
carry out activities to demonstrate the capability
required under subsection (a).
(2) Activity selection.--Not later than July 15,
2021, the Secretary of Defense shall select decision
support processes and individual acquisition programs
to participate in the demonstration activities under
paragraph (1), including--
(A) decision support processes, including--
(i) portfolio management as
described in subsection (b);
(ii) one or more acquisition data
management test cases; and
(iii) one or more development and
test modeling and simulation test cases
to demonstrate the ability to collect
data from tests and operations in the
field, and feed the data back into
models and simulations for better
software development and testing;
(B) individual acquisition programs
representing--
(i) one or more defense business
systems;
(ii) one or more command and
control systems;
(iii) one or more middle tier of
acquisition programs;
(iv) programs featuring a cost-plus
contract type, and a fixed-price
contract type, and a transaction
authorized under section 2371 or 2371b
of title 10, United States Code; and
(v) at least one program in each
military department.
(3) Execution of demonstration activities.--As part
of the demonstration activities under paragraph (1),
the Secretary shall--
(A) conduct a comparative analysis that
assesses the risks and benefits of the digital
management and analytics capability used in
each of the programs participating in the
demonstration activities relative to the
traditional data collection, reporting,
exposing, and analysis approaches of the
Department;
(B) ensure that the intellectual property
strategy for each of the programs participating
in the demonstration activities is best aligned
to meet the goals of the program; and
(C) develop a workforce and infrastructure
plan to support any new policies and guidance
implemented in connection with the
demonstration activities, including any
policies and guidance implemented after the
completion of such activities.
(d) Policies and Guidance Required.--Not later than March
15, 2022, based on the results of the demonstration activities
carried out under subsection (c), the Secretary of Defense
shall issue or modify policies and guidance to--
(1) promote the use of digital data management and
analytics capabilities; and
(2) address roles, responsibilities, and procedures
relating to such capabilities.
(e) Steering Committee.--
(1) In general.--The Secretary of Defense shall
establish a steering committee to assist the Secretary
in carrying out subsections (a) through (c).
(2) Membership.--The steering committee shall be
composed of the following members or their designees:
(A) The Deputy Secretary of Defense.
(B) The Chief Information Officer.
(C) The Director of Cost Assessment and
Program Evaluation.
(D) The Under Secretary of Defense for
Research and Engineering.
(E) The Under Secretary of Defense for
Acquisition and Sustainment.
(F) The Director of Operational Test and
Evaluation.
(G) The Service Acquisition Executives.
(H) The Director for Force Structure,
Resources, and Assessment of the Joint Staff.
(I) The Director of the Defense Digital
Service.
(J) Such other officials of the Department
of Defense as the Secretary determines
appropriate.
(f) Independent Assessments.--
(1) Initial assessment.--
(A) In general.--The Defense Innovation
Board, in consultation with the Defense Digital
Service, shall conduct an independent
assessment and cost-benefits analysis to
identify recommended approaches for the
implementation of subsections (a) through (c).
(B) Elements.--The assessment under
subparagraph (A) shall include the following:
(i) A plan for the development and
implementation of the capabilities
required under subsection (a),
including a plan for any procurement
that may be required as part of such
development and implementation.
(ii) An independent cost assessment
of the total estimated cost of
developing and implementing the
capability, as well as an assessment of
any potential cost savings.
(iii) An independent estimate of
the schedule for the development
approach, and order of priorities for
implementation of the capability,
including a reasonable estimate of the
dates on which the capability can be
expected to achieve initial operational
capability and full operational
capability, respectively.
(iv) A recommendation identifying
the office or other organization of the
Department of Defense that would be
most appropriate to manage and execute
the capability.
(C) Report.--Not later than July 15, 2021,
the Defense Innovation Board, in consultation
with the Defense Digital Service, shall submit
to the Secretary of Defense and the
congressional defense committees a report on
the findings of the assessment under
subparagraph (A), including the findings of the
assessment with respect to each element
specified in subparagraph (B).
(2) Second assessment.--
(A) In general.--Not later than March 15,
2023, the Defense Innovation Board and the
Defense Science Board shall jointly complete an
independent assessment of the progress of the
Secretary in implementing subsections (a)
through (c). The Secretary of Defense shall
ensure that the Defense Innovation Board and
the Defense Science Board have access to the
resources, data, and information necessary to
complete the assessment.
(B) Information to congress.--Not later
than 30 days after the date on which the
assessment under subparagraph (A) is completed,
the Defense Innovation Board and the Defense
Science Board shall jointly provide to the
congressional defense committees--
(i) a report summarizing the
assessment; and
(ii) a briefing on the findings of
the assessment.
(g) Demonstrations and Briefing.--
(1) Demonstration of implementation.--Not later
than October 20, 2021, the Secretary of Defense shall
submit to the congressional defense committees a
demonstration and briefing on the progress of the
Secretary in implementing subsections (a) through (c).
The briefing shall include an explanation of how the
results of the demonstration activities carried out
under subsection (c) will be incorporated into the
policy and guidance required under subsection (d),
particularly the policy and guidance of the members of
the steering committee established under subsection
(e).
(2) Briefing on legislative recommendations.--Not
later than February 1, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and of the House of Representatives a briefing
that identifies any changes to existing law that may be
necessary to facilitate the implementation of
subsections (a) through (c).
(3) Demonstration of portfolio management.--In
conjunction with the budget of the President for fiscal
year 2023 (as submitted to Congress under section
1105(a) of title 21, United States Code), the Deputy
Secretary of Defense shall schedule a demonstration of
the portfolio management capability developed under
subsection (b) with the congressional defense
committees.
SEC. 837. SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES INTELLECTUAL
PROPERTY, TECHNOLOGY, AND OTHER DATA AND
INFORMATION.
(a) In General.--The Secretary of Defense shall, in
coordination with relevant departments and agencies--
(1) identify policies and procedures protecting
defense-sensitive United States intellectual property,
technology, and other data and information, including
hardware and software, from acquisition by the
government of China; and
(2) to the extent that the Secretary determines
that such policies and procedures are insufficient to
provide such protection, develop additional policies
and procedures.
(b) Matters Considered.--In developing the policies and
procedures under subsection (a), the Secretary shall take the
following actions:
(1) Establish and maintain a list of critical
national security technology that may require certain
restrictions on current or former employees,
contractors, or subcontractors (at any tier) of the
Department of Defense that contribute to such
technology.
(2) Review the existing authorities under which
employees of the Department of Defense may be subject
to post-employment restrictions with foreign
governments and with organizations subject to foreign
ownership, control, or influence.
(3) Identify additional measures that may be
necessary to enhance the authorities described in
paragraph (2).
(c) Post-employment Matters.--The Secretary shall consider
mechanisms to restrict current or former employees of
contractors or subcontractors (at any tier) of the Department
of Defense that contribute significantly and materially to a
technology referred to in subsection (b)(1) from working
directly for companies wholly owned by the government of China,
or for companies that have been determined by a cognizant
Federal agency to be under the ownership, control, or influence
of the government of China.
SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE
ACQUISITION REFORMS.
(a) Report Required.--Not later than March 15, 2021, the
Comptroller General of the United States shall brief the
congressional defense committees on the implementation by the
Secretary of Defense of required acquisition reforms with
respect to acquiring software for weapon systems, business
systems, and other activities that are part of the defense
acquisition system, with one or more reports based on such
briefing to be submitted to such committees, as jointly
determined by such committees and the Comptroller General.
(b) Elements.--The briefing and any reports required under
subsection (a) shall include an assessment of the extent to
which the Secretary of Defense has--
(1) implemented the recommendations set forth in--
(A) the final report of the Defense
Innovation Board submitted to the congressional
defense committees under section 872 of the
National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1497);
(B) the final report of the Defense Science
Board Task Force on the Design and Acquisition
of Software for Defense Systems described in
section 868 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1902; 10 U.S.C.
2223a note); and
(C) other relevant studies on software
research, development, and acquisition
activities of the Department of Defense;
(2) carried out software acquisition activities,
including programs required under--
(A) section 2322a of title 10, United
States Code; and
(B) section 875 of the National Defense
Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1503; 10 U.S.C. 2223
note);
(3) used the authority provided under section 800
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C.
2223a); and
(4) carried out software acquisition pilot
programs, including pilot programs required under
sections 873 and 874 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 2223a note; 10 U.S.C. 2302 note).
(c) Assessment of Acquisition Policy, Guidance, and
Practices.--Each report required under subsection (a) shall
include an assessment of the extent to which the software
acquisition policy, guidance, and practices of the Department
of Defense reflect implementation of--
(1) relevant recommendations from software studies
and pilot programs; and
(2) directives from the congressional defense
committees.
(d) Defense Acquisition System Defined.--In this section,
the term ``defense acquisition system'' has the meaning given
that term in section 2545(2) of title 10, United States Code.
SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY
ACQUISITION AND LICENSING.
(a) In General.--Not later than October 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report evaluating the
implementation of Department of Defense Instruction 5010.44
relating to Intellectual Property Acquisition and Licensing (or
successor instruction).
(b) Elements.--The report required under subsection (a)
shall assess the following:
(1) The extent to which the Department of Defense
is fulfilling the core principles established in such
Instruction.
(2) The extent to which the Defense Acquisition
University (established under section 1746 of title 10,
United States Code) and elements of the Department of
Defense (specified in paragraphs (1) through (10) of
section 111(b) of such title) are carrying out the
requirements of such Instruction.
(3) The progress of the Secretary of Defense in
establishing a cadre of intellectual property experts
(as required under section 2322(b) of such title),
including the extent to which members of such cadre are
executing their roles and responsibilities.
(4) The performance of the Secretary of Defense in
assessing and demonstrating the implementation of such
Instruction, including the effectiveness of the cadre
described in paragraph (3).
(5) The effectiveness of the cadre described in
paragraph (3) in providing resources on the acquisition
and licensing of intellectual property.
(6) The effect implementation of such Instruction
has had on particular acquisitions.
(7) The extent to which feedback from appropriate
stakeholders was incorporated, including large and
small businesses, traditional and nontraditional
defense contractors (as defined in section 2302(9) of
title 10, United States Code), and maintenance and
repair organizations.
(8) Any other matters the Comptroller General
determines appropriate.
Subtitle D--Industrial Base Matters
SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS.
(a) In General.--Chapter 148 of title 10, United States
Code, is amended by inserting after section section:
``Sec. 2533d. Additional requirements pertaining to printed circuit
boards
``(a) In General.--
``(1) Beginning on January 1, 2023, the Secretary
of Defense may not acquire a covered printed circuit
board from a covered nation.
``(2) Paragraph (1) shall not apply with respect to
any acquisition of supplies or services below the
micro-purchase threshold under section 2338 of this
title.
``(b) Waiver.--
``(1) The Secretary may waive the prohibition under
subsection (a) if the Secretary determines in writing
that--
``(A) there are no significant national
security concerns regarding counterfeiting,
quality, or unauthorized access created by such
waiver;
``(B) the waiver is required to support
national security; and
``(C) a covered printed circuit board of
satisfactory quality and sufficient quantity,
in the required form, cannot be procured as and
when needed from nations other than a covered
nation at reasonable cost, excluding
comparisons with non-market economies.
``(2) Not later than 10 days after the Secretary
provides a waiver under paragraph (1), the Secretary
shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives a written notice setting forth the
reasoning for the waiver, together with a copy of the
waiver itself.
``(c) Definitions.--In this section:
``(1) Covered nation.--The term `covered nation'
means--
``(A) the Democratic People's Republic of
North Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.
``(2) Covered printed circuit board.--The term
`covered printed circuit board' means any partially
manufactured or complete bare printed circuit board or
fully or partially assembled printed circuit board
that--
``(A) performs a mission critical function
in any product or service that is not a
commercial product or commercial service (as
such terms are defined under sections 103 and
103a of title 41, respectively); or
``(B) the Secretary designates as a covered
printed circuit board, after reasonable notice,
based on a determination that the designation
is required to support national security.
``(3) Secretary.--The term `Secretary' means the
Secretary of Defense.
``(d) Rulemaking.--Not later than May 1, 2022, the
Secretary shall promulgate regulations, after an opportunity
for notice and comment, implementing this section.
``(e) Applicability.--This section shall apply only with
respect to contracts entered into after the issuance of a final
rule implementing this section.
``(f) Rule of Construction.--Nothing in this section shall
be construed to prohibit the Department of Defense from
entering into a contract with an entity that connects to the
facilities of a third party, for the purposes of backhaul,
roaming, or interconnection arrangements, on the basis of the
noncompliance by the third party with the provisions of this
section or use of equipment or services that do not route or
redirect user data traffic or permit visibility into any user
data or packets that such equipment transmits or otherwise
handles.''.
(b) Clerical Amendment.--The table of sections for
subchapter V of chapter 148 of title 10, United States Code, is
amended by inserting after the item relating to section 2533c
the following:
``2533d. Additional requirements pertaining to printed circuit
boards.''.
(c) Trusted Supply.--The Secretary of Defense shall apply
the requirements of section 224 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2302 note) to the acquisition of covered printed circuit
boards (as such term is defined under section 2533d(c) of title
10, United States Code, as added by this section).
(d) Independent Assessment.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Defense
shall seek to enter into an agreement with a federally
funded research and development center under which the
center will conduct an assessment of the benefits and
risks of expanding the prohibition in section 2533d(a)
and the definitions in section 2533d(c) of title 10,
United States Code, each as added by this section, to
include printed circuit boards in commercial products
or services, or in commercially available off-the-shelf
products or services. The assessment shall also include
analysis and recommendations regarding the scope of
mission critical functions, as such term is used in
such section.
(2) Submission to department of defense.--Not later
than one year after entering into the contract
described in paragraph (1), the federally funded
research and development center that conducts the
assessment described in such paragraph shall submit to
the Secretary of Defense a report on the results of the
assessment.
(3) Submission to congress.--Not later than 90 days
after the date on which the Secretary of Defense
receives the report described in paragraph (2), the
Secretary shall submit to the congressional defense
committees an unaltered copy of the report, together
with any comments the Secretary may have with respect
to the report, as well as a summary of the
recommendations of the report. The comments of the
Secretary, if any, and the summary of recommendations
shall be in an unclassified form, but the submission
may include a classified annex.
SEC. 842. REPORT ON NONAVAILABILITY DETERMINATIONS AND QUARTERLY
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS.
(a) In General.--Section 2504 of title 10, United States
Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) Annual Report.--The Secretary'';
(2) in subsection (a), as designated by paragraph
(1), by adding at the end the following new paragraph:
``(5) A detailed description of any use by the Secretary of
Defense or a Secretary concerned, as applicable, during the
prior 12 months of a waiver or exception to the sourcing
requirements or prohibitions established by chapter 83 of title
41 or subchapter V of chapter 148 of this title, including--
``(A) the type of waiver or exception used; and
``(B) the reasoning for the use of each such waiver
or exception.''; and
(3) by adding at the end the following new
subsection:
``(b) Quarterly Briefings.--(1) The Secretary of Defense
shall ensure that the congressional defense committees receive
quarterly briefings on the industrial base supporting the
Department of Defense, describing challenges, gaps, and
vulnerabilities in the defense industrial base and commercial
sector relevant to execution of defense missions, and
describing initiatives to address such challenges.
``(2) Each briefing under paragraph (1) shall include an
update on the progress of addressing such gaps or
vulnerabilities by the Secretary, the Secretary of the military
department concerned, or the appropriate head of a Defense
Agency, including an update on--
``(A) actions taken to address such gaps or
vulnerabilities;
``(B) policy changes necessary to address such gaps
or vulnerabilities; and
``(C) the proposed timeline for action and
resources required to address such gaps or
vulnerabilities.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2504
of title 10, United States Code, is amended to read as
follows:
``Sec. 2504. National technology and industrial base: annual report and
quarterly briefings''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 148 of such title is amended
by striking the item relating to section 2504 and
inserting the following new item:
``2504. National technology and industrial base: annual report and
quarterly briefings.''.
SEC. 843. MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION
PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE
AND INCLUSION OF OPTICAL TRANSMISSION COMPONENTS.
(a) In General.-- Section 2509 of title 10, United States
Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause
(i), by inserting ``such as those
identified through the supply chain
risk management process of the
Department and by the Federal
Acquisition Security Council, and''
after ``supply chain risks,''; and
(ii) in clause (ii), by striking
``(other than optical transmission
components)'';
(B) in subparagraph (C)--
(i) in clause (x), by striking ``;
and'' and inserting a semicolon;
(ii) by redesignating clause (xi)
as clause (xii); and
(iii) by inserting after clause (x)
the following new clause:
``(xi) processes and procedures related to
supply chain risk management and processes and
procedures implemented pursuant to section
2339a of this title; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) Characterization and assessment of industrial
base support policies, programs, and procedures,
including--
``(i) limitations and acquisition guidance
relevant to the national technology and
industrial base (as defined in section 2500(1)
of this title);
``(ii) limitations and acquisition guidance
relevant to section 2533a of this title;
``(iii) the Industrial Base Analysis and
Sustainment program of the Department,
including direct support and common design
activities;
``(iv) the Small Business Innovation
Research Program (as defined in section 9(e) of
the Small Business Act (15 U.S.C. 638(e));
``(v) the Manufacturing Technology Program
established under section 2521 of this title;
``(vi) programs relating to the Defense
Production Act of 1950 (50 U.S.C. 4511 et
seq.); and
``(vii) programs operating in each military
department.''; and
(2) in subsection (f)(2), by inserting ``, and
supporting policies, procedures, and guidance relating
to such actions'' after ``subsection (b)''.
(b) Conforming Amendment.--Section 806 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10
U.S.C. 2304 note) is repealed.
SEC. 844. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL
PRODUCTS.
(a) In General.--Section 2533c of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``material
melted'' and inserting ``material mined, refined,
separated, melted,''; and
(2) in subsection (c)(3)(A)(i), by striking
``tungsten'' and inserting ``covered material''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 5 years after the date of
the enactment of this Act.
SEC. 845. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS OTHER
THAN UNITED STATES GOODS.
(a) In General.--Section 2534 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) through (5)
and redesignating paragraph (6) as paragraph
(3);
(B) by inserting after paragraph (1) the
following new paragraph:
``(2) Components for naval vessels.--The following
components of vessels, to the extent they are unique to
marine applications:
``(A) Gyrocompasses.
``(B) Electronic navigation chart systems.
``(C) Steering controls.
``(D) Propulsion and machinery control
systems.
``(E) Totally enclosed lifeboats.'';
(C) in paragraph (3), as so redesignated,
by striking ``subsection (k)'' and inserting
``subsection (j)''; and
(D) by adding at the end the following new
paragraph:
``(4) Components for t-ao 205 class vessels.--The
following components of T-AO 205 class vessels:
``(A) Auxiliary equipment, including pumps,
for all shipboard services.
``(B) Propulsion system components,
including engines, reduction gears, and
propellers.
``(C) Shipboard cranes.
``(D) Spreaders for shipboard cranes.'';
(2) by amending subsection (b) to read as follows:
``(b) Manufacturer in the National Technology and
Industrial Base.--A manufacturer meets the requirements of this
subsection if the manufacturer is part of the national
technology and industrial base.'';
(3) in subsection (c)--
(A) by striking ``Items.--'' and all that
follows through ``Subsection (a) does not
apply'' and inserting ``Items.--Subsection (a)
does not apply''; and
(B) by striking paragraphs (2) though (5);
(4) in subsection (g)--
(A) by striking ``(1) This section'' and
inserting ``This section''; and
(B) by striking paragraph (2);
(5) in subsection (h), by striking ``subsection
(a)(3)(B)'' and inserting ``subsection (a)(2)'';
(6) in subsection (i)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(7) by striking subsection (j);
(8) by redesignating the first subsection
designated subsection (k) (relating to ``Limitation on
Certain Procurements Application Process'') as
subsection (j); and
(9) in subsection (k) (relating to ``Implementation
of Auxiliary Ship Component Limitation''), by striking
``Subsection (a)(6)'' and inserting ``Subsection
(a)(3)''.
(b) Review of Select Components.--The Secretary of the
Defense shall expedite the review period under paragraph (3)(B)
of section 2534(j) of title 10, United States Code, as
redesignated by subsection (a), to not more than 60 days for
applications submitted pursuant to such section 2534(j) for the
following components for auxiliary ships:
(1) Auxiliary equipment, including pumps, for all
shipboard services.
(2) Propulsion system components, including
engines, reduction gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 846. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) Assessment of Research and Development, Manufacturing,
and Production Capabilities.--
(1) In general.--In developing the strategy
required by section 2501 of title 10, United States
Code, carrying out the program for analysis of the
national technology and industrial base required by
section 2503 of such title, and performing the
assessments required under section 2505 of such title,
the Secretary of Defense, in consultation with the
Under Secretary of Defense for Acquisition and
Sustainment and the Under Secretary of Research and
Engineering, shall assess the research and development,
manufacturing, and production capabilities of the
national technology and industrial base (as defined in
section 2500 of such title) and other allies and
partner countries.
(2) Identification of specific technologies,
companies, laboratories, and factories.--The map of the
industrial base described in section 2504 of title 10,
United States Code, shall highlight specific
technologies, companies, laboratories, and factories
of, or located in, the national technology and
industrial base of potential value to current and
future Department of Defense plans and programs.
(b) Policy and Guidance.--
(1) In general.--Section 2440 of title 10, United
States Code is amended--
(A) by amending the section heading to read
as follows: ``National technology and
industrial base plans, policy, and guidance'';
(B) striking ``The Secretary'' and
inserting the following:
``(a) In General.--The Secretary''; and
(C) by adding at the end the following new
subsection:
``(b) Acquisition Policy and Guidance.--The Secretary of
Defense shall develop and promulgate acquisition policy and
guidance to the service acquisition executives, the heads of
the appropriate Defense Agencies and Department of Defense
Field Activities, and relevant program managers. Such policy
and guidance shall be germane to the use of the research and
development, manufacturing, and production capabilities
identified pursuant to chapter 148 of this title and the
technologies, companies, laboratories, and factories in
specific Department of Defense research and development,
international cooperative research, procurement, and
sustainment activities.''.
(2) Clerical amendments.--The table of sections at
the beginning of chapter 144 of title 10, United States
Code, is amended by striking the item relating to
section 2440 and inserting the following new item:
``2440. National technology and industrial base plans, policy, and
guidance.''.
(c) Responsibilities of the National Defense Technology and
Industrial Base Council.--Section 2502(c) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) collaboration with government officials of
member countries of the national technology and
industrial base in order to strengthen the national
technology and industrial base.''.
(d) Recommendations for Additional Members of the National
Technology and Industrial Base.--
(1) In general.--The Secretary of Defense, in
consultation with the heads of any relevant Federal
agencies, shall establish a process to consider the
inclusion of additional member countries in the
national technology and industrial base.
(2) Elements.--The process developed under
paragraph (1) shall include an analysis of--
(A) the national security and foreign
policy impacts, costs, and benefits to the
United States and allied countries of the
inclusion of any such additional member
countries in the national technology and
industrial base;
(B) the economic impacts, costs, and
benefits to entities within the United States
and allied countries of the inclusion of any
such additional member countries into the
national technology and industrial base,
including an assessment of--
(i) specific shortfalls in the
technological and industrial capacities
of current member countries of the
national technology and industrial base
that would be addressed by inclusion of
such additional member countries;
(ii) specific areas in the
industrial bases of current member
countries of the national technology
and industrial base that would likely
be impacted by additional competition
if such additional member countries
were included in the national
technology and industrial base; and
(iii) costs to reconstitute
capability should such capability be
lost to competition; and
(C) other factors as determined relevant by
the Secretary.
(3) Concurrence.--For the purposes of the process
developed under paragraph (1), the Secretary of Defense
may recommend the inclusion of an additional member
country in the national technology and industrial base
only with the concurrence of the Secretary of State.
SEC. 847. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS RELATING
TO ELIMINATING THE GAPS AND VULNERABILITIES IN THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Beginning January 1, 2021, if the
Secretary of Defense has not submitted to the congressional
defense committees the national security strategy for the
national technology and industrial base required by section
2501(a) of title 10, United States Code, not more than 75
percent of the funds specified in subsection (b) may be
obligated or expended until the date on which the Secretary
submits such strategy to such committees.
(b) Funds Specified.--The funds specified in this
subsection are the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 for the
Department of Defense for the following:
(1) The immediate office of the Secretary of
Defense.
(2) The Office of the Under Secretary of Defense
for Acquisition and Sustainment.
SEC. 848. SUPPLY OF STRATEGIC AND CRITICAL MATERIALS FOR THE DEPARTMENT
OF DEFENSE.
(a) Preference for Sourcing From the National Technology
and Industrial Base.--The Secretary of Defense shall, to the
maximum extent practicable, acquire strategic and critical
materials required to meet the defense, industrial, and
essential civilian needs of the United States in the following
order of preference:
(1) From sources located within the United States.
(2) From sources located within the national
technology and industrial base (as defined in section
2500 of title 10, United States Code).
(3) From other sources as appropriate.
(b) Statement of Policy.--
(1) In general.--The Secretary of Defense shall
pursue the following goals:
(A) Not later than January 1, 2035,
ensuring access to secure sources of supply for
strategic and critical materials that will--
(i) fully meet the demands of the
domestic defense industrial base;
(ii) eliminate the dependence of
the United States on potentially
vulnerable sources of supply for
strategic and critical materials; and
(iii) ensure that the Department of
Defense is not reliant upon potentially
vulnerable sources of supply for the
processing or manufacturing of any
strategic and critical materials deemed
essential to national security by the
Secretary of Defense.
(B) Provide incentives for the defense
industrial base to develop robust processing
and manufacturing capabilities in the United
States to refine strategic and critical
materials for Department of Defense purposes.
(C) Maintain secure sources of supply for
strategic and critical materials required to
maintain current military requirements in the
event that international supply chains are
disrupted.
(2) Methods.--The Secretary of Defense shall
achieve the goals described in paragraph (1) through--
(A) the development of guidance in
consultation with appropriate officials of the
Department of State, the Joint Staff, and the
Secretaries of the military departments;
(B) the continued and expanded use of
existing programs, such as the National Defense
Stockpile;
(C) the continued use of authorities under
title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.); and
(D) other methods, as the Secretary of
Defense deems appropriate.
SEC. 849. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting
through the Undersecretary of Defense for Acquisition
and Sustainment and other appropriate officials, shall
review the items under subsection (c) to determine and
develop appropriate actions, consistent with the
policies, programs, and activities required under
chapter 148 of title 10, United States Code, chapter 83
of title 41, United States Code, and the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.),
including--
(A) restricting procurement, with
appropriate waivers for cost, emergency
requirements, and non-availability of
suppliers, including restricting procurement
to--
(i) suppliers in the United States;
(ii) suppliers in the national
technology and industrial base (as
defined in section 2500 of title 10,
United States Code);
(iii) suppliers in other allied
nations; or
(iv) other suppliers;
(B) increasing investment through use of
research and development or procurement
activities and acquisition authorities to--
(i) expand production capacity;
(ii) diversify sources of supply;
or
(iii) promote alternative
approaches for addressing military
requirements;
(C) prohibiting procurement from selected
sources or nations;
(D) taking a combination of actions
described under subparagraphs (A),(B), and (C);
or
(E) taking no action.
(2) Considerations.--The analyses conducted
pursuant to paragraph (1) shall consider national
security, economic, and treaty implications, as well as
impacts on current and potential suppliers of goods and
services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Interim brief.--Not later than January 15,
2022, the Secretary of Defense shall submit to the
congressional defense committees--
(A) a summary of the findings of the
analyses undertaken for each item pursuant to
subsection (a);
(B) relevant recommendations resulting from
the analyses; and
(C) descriptions of specific activities
undertaken as a result of the analyses,
including schedule and resources allocated for
any planned actions.
(2) Reporting.--The Secretary of Defense shall
include the analyses conducted under subsection (a),
and any relevant recommendations and descriptions of
activities resulting from such analyses, as
appropriate, in each of the following submitted during
the 2022 calendar year:
(A) The annual report to Congress required
under section 2504 of title 10, United States
Code.
(B) The annual report on unfunded
priorities of the national technology and
industrial base required under section 2504a of
such title.
(C) Department of Defense technology and
industrial base policy guidance prescribed
under section 2506 of such title.
(D) Activities to modernize acquisition
processes to ensure integrity of industrial
base pursuant to section 2509 of such title.
(E) Defense memoranda of understanding and
related agreements considered in accordance
with section 2531 of such title.
(F) Industrial base or acquisition policy
changes.
(G) Legislative proposals for changes to
relevant statutes which the Department shall
consider, develop, and submit to the Committees
on Armed Services of the Senate and House of
Representatives not less frequently than once
per fiscal year.
(H) Quarterly briefings on the national
technology and industrial base required under
section 2504 of such title, as amended by
section 842 of this Act.
(I) Other actions as the Secretary of
Defense determines appropriate.
(c) List of High Priority Goods and Services for Analyses,
Recommendations, and Actions.--The items described in this
subsection are the following:
(1) Goods and services covered under existing
restrictions, where a waiver, exception, or domestic
non-availability determination has been applied.
(2) Printed circuit boards and other electronics
components, consistent with the requirements of other
provisions of this Act.
(3) Pharmaceuticals, including active
pharmaceutical ingredients.
(4) Medical devices.
(5) Therapeutics.
(6) Vaccines.
(7) Diagnostic medical equipment and consumables,
including reagents and swabs.
(8) Ventilators and related products.
(9) Personal protective equipment.
(10) Strategic and critical materials, including
rare earth materials.
(11) Natural or synthetic graphite.
(12) Coal-based rayon carbon fibers.
(13) Aluminum and aluminum alloys.
SEC. 850. IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING AND
STRENGTHENING THE MANUFACTURING AND DEFENSE
INDUSTRIAL BASE AND SUPPLY CHAIN RESILIENCY.
(a) Submission of Recommendations to Secretary of
Defense.--In order to fully implement the recommendations of
the report of the Interagency Task Force (established by the
Department of Defense pursuant to section 2 of Executive Order
13806 (82 Fed. Reg. 34597; July 21, 2017)) titled ``Assessing
and Strengthening the Manufacturing and Defense Industrial Base
and Supply Chain Resiliency of the United States: Report to
President Donald J. Trump by the Interagency Task Force in
Fulfillment of Executive Order 13806'' (September 2018), not
later than 540 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the Secretary of Defense additional
recommendations regarding United States industrial policies.
The additional recommendations shall consist of specific
executive actions, programmatic changes, regulatory changes,
and legislative proposals and changes, as appropriate.
(b) Scope of Assessment.--In developing the additional
recommendations required under subsection (a), the Under
Secretary shall--
(1) assess the macro forces and risk archetypes
identified in the report of the Interagency Task Force
described in subsection (a);
(2) evaluate the success of responsive actions
undertaken; and
(3) identify any such recommendations that may
require new legislative authorities.
(c) Objectives.--The additional recommendations made
pursuant to subsection (a) shall--
(1) aim to expand the defense industrial base to
leverage contributions and capabilities of allies and
partner countries;
(2) identify and preserve the viability of domestic
and trusted international suppliers; and
(3) strengthen the domestic industrial base,
especially in areas subject to the risk archetypes
identified in the report of the Interagency Task Force
described in subsection (a).
(d) Consultation.--In developing the additional
recommendations required under subsection (a), the Under
Secretary may engage through appropriate mechanisms with--
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(e) Submission of Recommendations to President.--Not later
than 30 days after receiving the additional recommendations
required under subsection (a), the Secretary of Defense shall
submit such recommendations, together with any supplementary
views or recommendations, to the President, the Director of the
Office of Management and Budget, the Assistant to the President
for National Security Affairs, and the Director of the National
Economic Council.
(f) Submission of Recommendations to Congress.--Not later
than 30 days after submitting the recommendations under
subsection (e), the Secretary of Defense shall submit to and
brief the congressional defense committees on such
recommendations.
SEC. 851. REPORT ON STRATEGIC AND CRITICAL MATERIALS.
(a) Report Required.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives an appendix to the annual report required in
section 2504 of title 10, United States Code, due on March 1,
2021, describing strategic and critical materials, including
the gaps and vulnerabilities in supply chains of such
materials.
(b) Elements.--The Secretary of Defense shall include in
the appendix required in subsection (a) the following:
(1) An identification of the strategic and critical
materials that are currently used by the Department of
Defense.
(2) To the extent practicable, an identification of
the overall annual tonnage of each strategic or
critical material identified pursuant to paragraph (1)
that was used by the Department during the 10-year
period ending on December 31, 2020.
(3) An identification of domestic and international
sources for the strategic and critical materials
identified pursuant to paragraph (1).
(4) An identification of risks relating to access
to the strategic and critical materials identified
pursuant to paragraph (1) from supply chain disruptions
due to geopolitical, economic, and other
vulnerabilities.
(5) An evaluation of the benefits of a robust
domestic supply chain for providing strategic and
critical materials, as needed, to manufacturers in the
defense industrial base.
(6) An evaluation of the effects of the use of
waivers by the Strategic Materials Protection Board
established under section 187 of title 10, United
States Code, on the domestic supply of strategic and
critical materials.
(7) Recommendations for policies and procedures to
ensure a capability within the Department of Defense to
secure strategic and critical materials necessary for
emerging technologies, as well as antimicrobial
products, minerals, and metals for use in medical
equipment and other technologies.
(8) An identification of improvements required to
the National Defense Stockpile in order to ensure the
Secretary of Defense has access to the strategic and
critical materials identified pursuant to paragraph
(1).
(9) An evaluation of the domestic processing and
manufacturing capacity needed to supply the strategic
and critical materials identified pursuant to paragraph
(1) to the Secretary of Defense in an economic and
secure manner.
(10) In consultation with the Director of the
United States Geological Survey, an identification of
domestic locations with existing commercial
manufacturing interest that are already verified to
contain large supplies of the strategic and critical
materials identified pursuant to paragraph (1).
(11) An assessment of the feasibility of
partnerships with institutions of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) that receive grants for the
purpose of enhancing the security and stability of the
supply chain for strategic and critical materials for
the National Defense Stockpile, including an
identification of barriers to such partnerships and
recommendations for improving such partnerships.
(12) Any other matter relating to strategic and
critical materials that the Secretary considers
appropriate.
(c) Form.--The appendix required in subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Strategic and Critical Materials Defined.--In this
section, the term ``strategic and critical materials'' means
materials, including rare earth elements, that are necessary to
meet national defense and national security requirements,
including requirements relating to supply chain resiliency, and
for the economic security of the United States.
SEC. 852. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING.
(a) In General.--In preparing the annual report required
under section 2504 of title 10, United States Code, due on
March 1, 2022, the Secretary of Defense shall include as an
appendix to such report information on--
(1) how authorities under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.) could be used to
provide incentives to increase activities relating to
refining aluminum and the development of processing and
manufacturing capabilities for aluminum; and
(2) whether a new initiative would further the
development of such processing and manufacturing
capabilities for aluminum.
(b) Submission.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate the appendix
described in subsection (a).
Subtitle E--Small Business Matters
SEC. 861. INITIATIVES TO SUPPORT SMALL BUSINESSES IN THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Industrial Base Policy
(established under section 903 of this Act) and other
appropriate officials, in carrying out the activities described
under subchapter II of chapter 148 of title 10, United States
Code, shall establish initiatives to increase the effectiveness
of the Department of Defense in specifically leveraging small
businesses to eliminate gaps and vulnerabilities in the
national technology and industrial base (as defined in section
2500 of title 10, United States Code) and expand the number of
small businesses in the national technology and industrial
base.
(b) Initiatives.--
(1) Updates for small business strategy.--Not later
than October 1, 2022, and biennially thereafter, shall
update the small business strategy required under
section 2283 of title 10, United States Code, and
provide such updated strategy to the congressional
defense committees.
(2) Implementation plan.--
(A) In general.--Not later than March 1,
2023, and biennially thereafter, the Secretary
of Defense shall develop an implementation plan
consistent with the most recent small business
strategy developed under such section 2283, and
provide such plan to the congressional defense
committees.
(B) Elements.--The implementation plan
described in subparagraph (A) shall include an
identification of the following:
(i) Organizations responsible for
implementation activities.
(ii) Metrics to evaluate progress
of implementation activities.
(iii) Resources to support
implementation activities.
(iv) Outcomes achieved as a result
of executing the previous small
business strategy developed under such
section 2283.
(3) Mechanisms to assess and support small
businesses in national technology and industrial
base.--The Secretary of Defense shall--
(A) establish policies, procedures, and
information repositories to identify small
businesses in the defense supply chain,
including--
(i) small businesses participating
in an acquisition program of a military
department or Defense Agency (as
defined in section 101(11) of title 10,
United States Code);
(ii) small businesses contracting
with the Defense Logistics Agency; and
(iii) other small businesses in the
national technology and industrial
base;
(B) establish policies and procedures to
assess the financial status of critical small
businesses; and
(C) enter into an agreement with the
acquisition research organization within a
civilian college or university that is
described under section 2361a(a) of title 10,
United States Code (commonly referred to as the
``Acquisition Innovation Research Center''), to
analyze mechanisms that could be established to
allow the Secretary of Defense to provide
direct financial support to critical small
businesses that require additional financial
assistance, including critical small businesses
that are--
(i) contracting with the Defense
Logistics Agency;
(ii) subcontractors (at any tier);
or
(iii) in critical technology
sectors.
(c) Reports.--
(1) Report on activities.--Not later than October
1, 2021, the Assistant Secretary of Defense for
Industrial Base Policy shall submit to the appropriate
committees a report on activities undertaken pursuant
to this section.
(2) Implementation plan for 2019 small business
strategy.--Not later than June 1, 2021, the Secretary
of Defense shall submit an implementation plan for the
small business strategy required under section 2283 of
title 10, United States Code, and dated October 1,
2019, including an identification of specific
responsible individuals and organizations, milestones
and metrics, and resources to support activities
identified in the implementation plan.
(d) Small Business Defined.--In this section, the term
``small business'' has the meaning given by the Secretary of
Defense, except that such term shall include prime contractors
and subcontractors (at any tier).
SEC. 862. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS
TO THE SMALL BUSINESS ADMINISTRATION.
(a) Transfer Date.--For purposes of this section, the term
``transfer date'' means the date that is 2 years after the date
of enactment of this Act.
(b) Amendment to and Transfer of Veteran-owned and Service-
disabled Veteran-owned Business Database.--
(1) Amendment of veteran-owned and service-disabled
veteran-owned business database.--Effective on the
transfer date, section 8127 of title 38, United States
Code, is amended--
(A) in subsection (e), by striking ``the
Secretary under subsection (f)'' and inserting
``the Administrator under section 36 of the
Small Business Act'';
(B) in subsection (f)--
(i) by striking ``the Secretary''
each place it appears, except in the
last place it appears in paragraph
(2)(A), and inserting ``the
Administrator'';
(ii) in paragraph (1), by striking
``small business concerns owned and
controlled by veterans with service-
connected disabilities'' and inserting
``small business concerns owned and
controlled by service-disabled
veterans'';
(iii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking
``to access'' and
inserting ``to obtain
from the Secretary of
Veterans Affairs''; and
(bb) by inserting
``, United States
Code,'' after ``title
5''; and
(II) by striking
subparagraph (B) and inserting
the following:
``(B) For purposes of this subsection--
``(i) the Secretary of Veterans Affairs shall--
``(I) verify an individual's status as a
veteran or a service-disabled veteran; and
``(II) establish a system to permit the
Administrator to access, but not alter, the
verification of such status; and
``(ii) the Administrator shall verify--
``(I) the status of a business concern as a
small business concern; and
``(II) the ownership and control of such
business concern.
``(C) The Administrator may not certify a concern under
subsection (b) or section 36A if the Secretary of Veterans
Affairs cannot provide the verification described under
subparagraph (B)(i)(I).'';
(iv) in paragraph (3), by striking
``such veterans'' and inserting ``a
veteran described in paragraph (1)'';
(v) by striking paragraphs (4) and
(7);
(vi) by redesignating paragraphs
(5) and (6) as paragraphs (4) and (5),
respectively, and redesignating
paragraph (8) as paragraph (6);
(vii) in paragraph (4), as so
redesignated, by striking ``The
Secretary'' and inserting ``The
Administrator''; and
(viii) in paragraph (6), as so
redesignated--
(I) in subparagraph (A)--
(aa) by striking
``verify the status of
the concern as a small
business concern or the
ownership or control of
the concern'' and
inserting ``certify the
status of the concern
as a small business
concern owned and
controlled by veterans
(under section 36A) or
a small business
concern owned and
controlled by service-
disabled veterans
(under subsection (g)
of this section)'';
(bb) by striking
``verification'' and
inserting
``certification''; and
(cc) by striking
``the Small Business
Administration (as
established under
section 5(i) of the
Small Business Act)''
and inserting ``the
Administration (as
established under
section 5(i))'';
(II) in subparagraph (B)--
(aa) in clause
(i)--
(AA) by striking
``small business
concern owned and
controlled by veterans
with service-connected
disabilities'' and
inserting ``small
business concern owned
and controlled by
service-disabled
veterans''; and
(BB) by striking
``of the Small Business
Administration''; and
(bb) in clause
(ii)--
(AA) by amending
subclause (I) to read
as follows:
``(I) the Secretary of Veterans Affairs or
the Administrator; or''; and
(BB) in subclause
(II), by striking ``the
contracting officer of
the Department'' and
inserting ``the
applicable contracting
officer''; and
(III) by striking
subparagraph (C);
(C) by redesignating subsections (k)
(relating to limitations on subcontracting) and
(l) (relating to definitions) as subsections
(l) and (m), respectively;
(D) by inserting after subsection (j)
(relating to annual reports) the following new
subsection:
``(k) Annual Transfer for Certification Costs.--For each
fiscal year, the Secretary of Veterans Affairs shall reimburse
the Administrator in an amount necessary to cover any cost
incurred by the Administrator for certifying small business
concerns owned and controlled by veterans that do not qualify
as small business concerns owned and controlled by service-
disabled veterans for the Secretary for purposes of this
section and section 8128 of this title. The Administrator is
authorized to accept such reimbursement. The amount of any such
reimbursement shall be determined jointly by the Secretary and
the Administrator and shall be provided from fees collected by
the Secretary under multiple-award schedule contracts. Any
disagreement about the amount shall be resolved by the Director
of the Office of Management and Budget.''; and
(E) in subsection (m) (relating to
definitions), as so redesignated--
(i) by redesignating paragraphs
(1), (2), and (3) as paragraphs (2),
(3), and (4), respectively; and
(ii) by inserting before paragraph
(2), as so redesignated, the following
new paragraph:
``(1) The term `Administrator' means the
Administrator of the Small Business Administration.''.
(2) Transfer of requirements relating to database
to the small business act.--Effective on the transfer
date, subsection (f) of section 8127 of title 38,
United States Code (as amended by paragraph (1)), is
transferred to section 36 of the Small Business Act (15
U.S.C. 657f), and inserted so as to appear after
subsection (e).
(3) Conforming amendments.--The following
amendments shall take effect on the transfer date:
(A) Small business act.--Section
3(q)(2)(C)(i)(III) of the Small Business Act
(15 U.S.C. 632(q)(2)(C)(i)(III)) is amended by
striking ``section 8127(f) of title 38, United
States Code'' and inserting ``section 36''.
(B) Title 38.--Section 8128 of title 38,
United States Code, is amended by striking
``maintained by the Secretary under section
8127(f) of this title'' and inserting
``maintained by the Administrator of the Small
Business Administration under section 36 of the
Small Business Act''.
(c) Additional Requirements for Database.--
(1) Administrator access to database before the
transfer date.--During the period between the date of
the enactment of this Act and the transfer date, the
Secretary of Veterans Affairs shall provide the
Administrator of the Small Business Administration with
access to the contents of the database described under
section 8127(f) of title 38, United States Code.
(2) Rule of construction.--Nothing in this section
or the amendments made by this section may be
construed--
(A) as prohibiting the Administrator of the
Small Business Administration from combining
the contents of the database described under
section 8127(f) of title 38, United States
Code, with other databases maintained by the
Administration; or
(B) as requiring the Administrator to use
any system or technology related to the
database described under section 8127(f) of
title 38, United States Code, on or after the
transfer date to comply with the requirement to
maintain a database under subsection (f) of
section 36 of the Small Business Act (as
transferred pursuant to subsection (b)(2) of
this section).
(3) Recognition of the issuance of joint
regulations.--The date specified under section 1832(e)
of the National Defense Authorization Act for Fiscal
Year 2017 (15 U.S.C. 632 note) shall be deemed to be
October 1, 2018.
(d) Procurement Program for Small Business Concerns Owned
and Controlled by Service-disabled Veterans.--
(1) Procurement program for small business concerns
owned and controlled by service-disabled veterans.--
Section 36 of the Small Business Act (15 U.S.C. 657f)
is amended--
(A) by redesignating subsection (d) as
paragraph (3), adjusting the margin
accordingly, and transferring such paragraph to
subsection (h) of such section, as added by
subparagraph (F) of this paragraph, so as to
appear after paragraph (2);
(B) by striking subsection (e);
(C) by redesignating subsections (a), (b),
and (c) as subsections (c), (d), and (e)
respectively;
(D) by inserting before subsection (c), as
so redesignated, the following new subsections:
``(a) Contracting Officer Defined.--For purposes of this
section, the term `contracting officer' has the meaning given
such term in section 2101 of title 41, United States Code.
``(b) Certification of Small Business Concerns Owned and
Controlled by Service-Disabled Veterans.--With respect to a
procurement program or preference established under this Act
that applies to prime contractors, the Administrator shall--
``(1) certify the status of a concern as a small
business concern owned and controlled by service-
disabled veterans; and
``(2) require the periodic recertification of such
status.'';
(E) in subsection (d), as so redesignated,
by inserting ``certified under subsection (b)''
before ``if the contracting officer'';
(F) by adding at the end the following new
subsections:
``(g) Certification Requirement.--Notwithstanding
subsection (c), a contracting officer may only award a sole
source contract to a small business concern owned and
controlled by service-disabled veterans or a contract on the
basis of competition restricted to small business concerns
owned and controlled by service-disabled veterans if such a
concern is certified by the Administrator as a small business
concern owned and controlled by service-disabled veterans.
``(h) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out
this section, the Administrator shall establish
procedures relating to--
``(A) the filing, investigation, and
disposition by the Administration of any
challenge to the eligibility of a small
business concern to receive assistance under
this section (including a challenge, filed by
an interested party, relating to the veracity
of a certification made or information provided
to the Administration by a small business
concern under subsection (b)); and
``(B) verification by the Administrator of
the accuracy of any certification made or
information provided to the Administration by a
small business concern under subsection (b).
``(2) Examinations.--The procedures established
under paragraph (1) shall provide for a program of
examinations by the Administrator of any small business
concern making a certification or providing information
to the Administrator under subsection (b), to determine
the veracity of any statements or information provided
as part of such certification or otherwise provided
under subsection (b).
``(i) Provision of Data.--Upon the request of the
Administrator, the head of any Federal department or agency
shall promptly provide to the Administrator such information as
the Administrator determines to be necessary to carry out
subsection (b) or to be able to certify the status of the
concern as a small business concern owned and controlled by
veterans under section 36A.''; and
(G) in paragraph (3) of subsection (h), as
redesignated and transferred by subparagraph
(A) of this paragraph, by inserting ``and
section 36A'' before the period at the end.
(2) Penalties for misrepresentation.--Section 16 of
the Small Business Act (15 U.S.C. 645) is amended--
(A) in subsection (d)(1)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking the comma
that immediately follows
another comma; and
(II) by striking ``, a
`small'' and inserting ``, a
`small business concern owned
and controlled by service-
disabled veterans', a `small
business concern owned and
controlled by veterans', a
`small''; and
(ii) in subparagraph (A), by
striking ``9, 15, or 31'' and inserting
``8, 9, 15, 31, 36, or 36A''; and
(B) in subsection (e)--
(i) by striking the comma that
immediately follows another comma; and
(ii) by striking ``, a `small'' and
inserting ``, a `small business concern
owned and controlled by service-
disabled veterans', a `small business
concern owned and controlled by
veterans', a `small''.
(e) Certification for Small Business Concerns Owned and
Controlled by Veterans.--The Small Business Act (15 U.S.C. 631
et seq.) is amended by inserting after section 36 the following
new section:
``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
``(a) In General.--With respect to the program established
under section 8127 of title 38, United States Code, the
Administrator shall--
``(1) certify the status of a concern as a small
business concern owned and controlled by veterans; and
``(2) require the periodic recertification of such
status.
``(b) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out
this section, the Administrator shall establish
procedures relating to--
``(A) the filing, investigation, and
disposition by the Administration of any
challenge to the eligibility of a small
business concern to receive assistance under
section 36 (including a challenge, filed by an
interested party, relating to the veracity of a
certification made or information provided to
the Administration by a small business concern
under subsection (a)); and
``(B) verification by the Administrator of
the accuracy of any certification made or
information provided to the Administration by a
small business concern under subsection (a).
``(2) Examination of applicants.--The procedures
established under paragraph (1) shall provide for a
program of examinations by the Administrator of any
small business concern making a certification or
providing information to the Administrator under
subsection (a), to determine the veracity of any
statements or information provided as part of such
certification or otherwise provided under subsection
(a).''.
(f) Status of Self-certified Small Business Concerns Owned
and Controlled by Service-disabled Veterans.--
(1) In general.--Notwithstanding any other
provision of law, any small business concern (as
defined under section 3 of the Small Business Act (15
U.S.C. 632)) that self-certified as a small business
concern owned and controlled by service-disabled
veterans (as defined in section 36 of such Act (15
U.S.C. 657f)) shall--
(A) if the concern files a certification
application with the Administrator of the Small
Business Administration before the end of the
1-year period beginning on the transfer date,
maintain such self-certification until the
Administrator makes a determination with
respect to such certification; and
(B) if the concern does not file such a
certification application before the end of the
1-year period beginning on the transfer date,
lose, at the end of such 1-year period, any
self-certification of the concern as a small
business concern owned and controlled by
service-disabled veterans.
(2) Non-applicability to department of veterans
affairs.--Paragraph (1) shall not apply to
participation in contracts (including subcontracts)
with the Department of Veterans Affairs.
(3) Notice.--The Administrator shall notify any
small business concern that self-certified as a small
business concern owned and controlled by service-
disabled veterans about the requirements of this
section and the amendments made by this section,
including the transfer date, and make such notice
publicly available, on the date of the enactment of
this Act.
(g) Transfer of the Center for Verification and Evaluation
of the Department of Veterans Affairs to the Small Business
Administration.--
(1) Definition.--In this subsection, the term
``function''--
(A) means any duty, obligation, power,
authority, responsibility, right, privilege,
activity, or program; and
(B) does not include employees.
(2) Abolishment.--The Center for Verification and
Evaluation of the Department of Veterans Affairs, as
defined under section 74.1 of title 38, Code of Federal
Regulations, is abolished effective on the transfer
date.
(3) Transfer of functions.--Effective on the
transfer date, all functions that, immediately before
the transfer date, were functions of the Center for
Verification and Evaluation shall be functions of the
Small Business Administration.
(4) Transfer of assets.--So much of the property
(including contracts for the procurement of property or
services) and records used, held, available, or to be
made available in connection with a function
transferred under this subsection shall be available to
the Small Business Administration at such time or times
as the President directs for use in connection with the
functions transferred.
(5) Savings provisions.--
(A) Continuing effect of legal documents.--
All orders, determinations, rules, regulations,
permits, agreements, grants, contracts,
certificates, licenses, registrations,
privileges, and other administrative actions--
(i) which have been issued, made,
granted, or allowed to become effective
by the President, any Federal agency or
official thereof, or by a court of
competent jurisdiction, in the
performance of functions which are
transferred under this subsection; and
(ii) which are in effect on the
transfer date, or were final before the
transfer date and are to become
effective on or after the transfer
date,
shall continue in effect according to their
terms until modified, terminated, superseded,
set aside, or revoked in accordance with law by
the President, the Administrator of the Small
Business Administration or other authorized
official, a court of competent jurisdiction, or
by operation of law.
(B) Proceedings not affected.--The
provisions of this subsection shall not affect
any proceedings, including notices of proposed
rulemaking, or any application for any license,
permit, certificate, or financial assistance
pending before the Department of Veterans
Affairs on the transfer date, with respect to
functions transferred by this subsection but
such proceedings and applications shall be
continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such
orders, as if this subsection had not been
enacted, and orders issued in any such
proceedings shall continue in effect until
modified, terminated, superseded, or revoked by
a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
Nothing in this subparagraph shall be deemed to
prohibit the discontinuance or modification of
any such proceeding under the same terms and
conditions and to the same extent that such
proceeding could have been discontinued or
modified if this subsection had not been
enacted.
(C) Suits not affected.--The provisions of
this subsection shall not affect suits
commenced before the transfer date, and in all
such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same
manner and with the same effect as if this
subsection had not been enacted.
(D) Nonabatement of actions.--No suit,
action, or other proceeding commenced by or
against the Department of Veterans Affairs, or
by or against any individual in the official
capacity of such individual as an officer of
the Department of Veterans Affairs, shall abate
by reason of the enactment of this subsection.
(E) Administrative actions relating to
promulgation of regulations.--Any
administrative action relating to the
preparation or promulgation of a regulation by
the Department of Veterans Affairs relating to
a function transferred under this subsection
may be continued by the Administrator of the
Small Business Administration with the same
effect as if this subsection had not been
enacted.
(F) Effect on personnel.--The Secretary of
Veterans Affairs shall appoint any employee
represented by a labor organization accorded
exclusive recognition under section 7111 of
title 5, United States Code, that is affected
by the transfer of functions under this
subsection to a position of a continuing nature
for which the employee is qualified, at a grade
and compensation not lower than the current
grade and compensation of the employee.
(6) References.--Any reference in any other Federal
law, Executive order, rule, regulation, or delegation
of authority, or any document of or pertaining to a
function of the Center for Verification and Evaluation
that is transferred under this subsection is deemed,
after the transfer date, to refer to the Small Business
Administration.
(h) Report.--Not later than 1 year after the date of the
enactment of this Act, and every 6 months thereafter until the
transfer date, the Administrator of the Small Business
Administration and Secretary of Veterans Affairs shall jointly
submit to the Committee on Appropriations, the Committee on
Small Business, and the Committee on Veterans' Affairs of the
House of Representatives and the Committee on Appropriations,
the Committee on Small Business and Entrepreneurship, and the
Committee on Veterans' Affairs of the Senate a report on the
planning for the transfer of functions and property required
under this section and the amendments made by this section on
the transfer date, which shall include--
(1) a discussion of whether and how the
verification database and operations of the Center for
Verification and Evaluation of the Department of
Veterans Affairs will be incorporated into the existing
certification database of the Small Business
Administration;
(2) projections for the numbers and timing, in
terms of fiscal year, of--
(A) already verified concerns that will
come up for recertification; and
(B) self-certified concerns that are
expected to apply for certification;
(3) an explanation of how outreach to veteran
service organizations, the service-disabled veteran-
owned and veteran-owned small business community, and
other stakeholders will be conducted; and
(4) other pertinent information determined by the
Administrator and the Secretary.
SEC. 863. EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL BUSINESS
CONCERNS.
(a) In General.--Section 3(a)(2) of the Small Business Act
(15 U.S.C. 632(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``and subject
to the requirements specified under subparagraph (C)''
after ``paragraph (1)''; and
(2) in subparagraph (C)--
(A) by inserting ``(including the
Administration when acting pursuant to
subparagraph (A))'' after ``no Federal
department or agency''; and
(B) in clause (ii)(I) by striking ``12
months'' and inserting ``24 months''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect 1 year after the date of the
enactment of this Act.
SEC. 864. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING CONTRACTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8 (15 U.S.C. 637)--
(A) in subsection (a)(1)(D)(i)(II), by
striking ``$5,000,000'' and inserting
``$7,000,000''; and
(B) in subsection (m)--
(i) in paragraph (7)(B)(i), by
striking ``$6,500,000'' and inserting
``$7,000,000''; and
(ii) in paragraph (8)(B)(i), by
striking ``$6,500,000'' and inserting
``$7,000,000'';
(2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C.
657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and
inserting ``$7,000,000''; and
(3) in section 36(c)(2)(A), as so redesignated by
section 862(d)(1)(C), by striking ``$5,000,000'' and
inserting ``$7,000,000''.
SEC. 865. REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR THE SMALL
BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (b)(7)--
(A) in subparagraph (F), by striking
``and'' at the end;
(B) in subparagraph (G), by adding ``and''
after the semicolon at the end; and
(C) by adding at the end the following:
``(H) with respect to a Federal agency to
which subsection (f)(1) or (n)(1) applies,
whether the Federal agency has complied with
the applicable subsection for the year covered
by the report;'';
(2) in subsection (g)(10), by inserting ``, which
section shall describe whether or not the Federal
agency complied with the requirements of subsection (f)
for the year covered by that plan and include a
justification for failure to comply (if applicable),''
after ``a section on its SBIR program''; and
(3) in subsection (o)(8), by inserting ``, which
section shall describe whether or not the Federal
agency complied with the requirements of subsection (n)
for the year covered by that plan and include a
justification for failure to comply (if applicable),''
after ``a section on its STTR program''.
SEC. 866. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES.
(a) Definition of Covered Territory Business.--
(1) In general.--Section 3 of the Small Business
Act (15 U.S.C. 632) is amended by adding at the end the
following new subsection:
``(ff) Covered Territory Business.--In this Act, the term
`covered territory business' means a small business concern
that has its principal office located in one of the following:
``(1) The United States Virgin Islands.
``(2) American Samoa.
``(3) Guam.
``(4) The Northern Mariana Islands.''.
(2) Conforming amendment.--Section 15(x) of the
Small Business Act (15 U.S.C. 644(x)) is amended by
striking paragraph (3).
(b) Priority for Surplus Property Transfers.--Section
7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C.
636(j)(13)(F)(iii)) is amended--
(1) in subclause (I), by striking ``means'' and all
that follows through the period at the end and
inserting the following: ``means--
``(aa) in the case of a Puerto Rico
business, the period beginning on
August 13, 2018, and ending on the date
on which the Oversight Board
established under section 2121 of title
48 terminates; and
``(bb) in the case of a covered
territory business, the period
beginning on the date of the enactment
of this item and ending on the date
that is 4 years after such date of
enactment.''; and
(2) in subclause (II)--
(A) by inserting ``or a covered territory
business'' after ``a Puerto Rico business'';
and
(B) by striking ``the Puerto Rico
business'' each place it appears and inserting
``either such business''.
(c) Contracting Incentives for Protege Firms That Are
Covered Territory Businesses.--
(1) Contracting incentives.--Section 45(a) of the
Small Business Act (15 U.S.C. 657r(a)) is amended by
adding at the end the following new paragraph:
``(4) Covered territory businesses.--During the
period beginning on the date of the enactment of this
paragraph and ending on the date that is 4 years after
such date of enactment, the Administrator shall
identify potential incentives to a covered territory
mentor that awards a subcontract to its covered
territory protege, including--
``(A) positive consideration in any past
performance evaluation of the covered territory
mentor; and
``(B) the application of costs incurred for
providing training to such covered territory
protege to the subcontracting plan (as required
under paragraph (4) or (5) of section 8(d)) of
the covered territory mentor.''.
(2) Mentor-protege relationships.--Section
45(b)(3)(A) of the Small Business Act (15 U.S.C.
657r(b)(3)(A)) is amended by striking ``relationships
are'' and all that follows through the period at the
end and inserting the following: ``relationships--
``(i) are between a covered protege
and a covered mentor; or
``(ii) are between a covered
territory protege and a covered
territory mentor.''.
(3) Definitions.--Section 45(d) of the Small
Business Act (15 U.S.C. 657r(d)) is amended by adding
at the end the following new paragraphs:
``(6) Covered territory mentor.--The term `covered
territory mentor' means a mentor that enters into an
agreement under this Act, or under any mentor-protege
program approved under subsection (b)(1), with a
covered territory protege.
``(7) Covered territory protege.--The term `covered
territory protege' means a protege of a covered
territory mentor that is a covered territory
business.''.
SEC. 867. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION
PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 21(a)--
(A) in paragraph (1), by inserting before
``The Administration shall require'' the
following: ``The previous sentence shall not
apply to an applicant that has its principal
office located in the Commonwealth of the
Northern Mariana Islands.''; and
(B) in paragraph (4)(C)(ix), by striking
``and American Samoa'' and inserting ``American
Samoa, and the Commonwealth of the Northern
Mariana Islands''; and
(2) in section 34(a)(9), by striking ``and American
Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 868. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS.
(a) Past Performance Ratings of Joint Ventures for Small
Business Concerns.--Section 15(e) of the Small Business Act (15
U.S.C. 644(e)) is amended by adding at the end the following
new paragraph:
``(5) Past performance ratings of joint ventures
for small business concerns.--With respect to
evaluating an offer for a prime contract made by a
small business concern that previously participated in
a joint venture with another business concern (whether
or not such other business concern was a small business
concern), the Administrator shall establish
regulations--
``(A) allowing the small business concern
to elect to use the past performance of the
joint venture if the small business concern has
no relevant past performance of its own;
``(B) requiring the small business concern,
when making an election under subparagraph
(A)--
``(i) to identify to the
contracting officer the joint venture
of which the small business concern was
a member; and
``(ii) to inform the contracting
officer what duties and
responsibilities the small business
concern carried out as part of the
joint venture; and
``(C) requiring a contracting officer, if
the small business concern makes an election
under subparagraph (A), to consider the past
performance of the joint venture when
evaluating the past performance of the small
business concern, giving due consideration to
the information provided under subparagraph
(B)(ii).''.
(b) Past Performance Ratings of First-tier Small Business
Subcontractors.--Section 8(d)(17) of the Small Business Act (15
U.S.C. 637(d)(l7)) is amended to read as follows:
``(17) Past performance ratings for certain small
business subcontractors.--Upon request by a small
business concern that performed as a first tier
subcontractor on a covered contract (as defined in
paragraph (13)(A)), the prime contractor for such
covered contract shall submit to such small business
concern a record of past performance for such small
business concern with respect to such covered contract.
If a small business concern elects to use such record
of past performance, a contracting officer shall
consider such record of past performance when
evaluating an offer for a prime contract made by such
small business concern.''.
(c) Rulemaking.--Not later than 120 days after the date of
the enactment of this Act, the Administrator of the Small
Business Administration shall issue rules to carry out this
section and the amendments made by this section.
SEC. 869. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration shall ensure that a small business concern
participating in the program established under section 8(a) of
the Small Business Act (15 U.S.C. 637) on or before September
9, 2020, may elect to extend such participation by a period of
1 year, regardless of whether such concern previously elected
to suspend participation in such program pursuant to guidance
of the Administrator.
(b) Emergency Rulemaking Authority.--Not later than 15 days
after the date of enactment of this section, the Administrator
shall issue regulations to carry out this section without
regard to the notice requirements under section 553(b) of title
5, United States Code.
SEC. 870. COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED
BUSINESS UTILIZATION.
(a) Report.--If the Comptroller General of the United
States has determined that a Director of Small and
Disadvantaged Business Utilization of a Federal agency is not
in compliance with the requirements of section 15(k) of the
Small Business Act (15 U.S.C. 644(k)), such Director shall
submit, not later than the specified date, to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report that includes the reasons for such noncompliance and the
specific actions the Director shall take to remedy such
noncompliance.
(b) Specified Date Defined.--In this section, the term
``specified date'' means the later of--
(1) the date that is 120 days after the date on
which a determination is made under subsection (a); and
(2) 120 days after the date of the enactment of
this Act.
SEC. 871. CATEGORY MANAGEMENT TRAINING.
(a) In General.--Not later than 8 months after the date of
the enactment of this section, the Administrator of the Small
Business Administration, in coordination with the Administrator
of the Office of Federal Procurement Policy and any other head
of a Federal agency (as determined by the Administrator), shall
develop a training curriculum on category management for staff
of Federal agencies with procurement or acquisition
responsibilities. Such training shall include--
(1) best practices for procuring goods and services
from small business concerns (as defined under section
3 of the Small Business Act (15 U.S.C. 632)); and
(2) information on avoiding conflicts with the
requirements of the Small Business Act (15 U.S.C. 631
et seq.).
(b) Use of Curriculum.--The Administrator of the Small
Business Administration--
(1) shall ensure that staff for Federal agencies
described in subsection (a) receive the training
described in such subsection; and
(2) may request the assistance of the relevant
Director of Small and Disadvantaged Business
Utilization (as described in section 15(k) of the Small
Business Act (15 U.S.C. 644(k))) to carry out the
requirements of paragraph (1).
(c) Submission to Congress.--The Administrator of the Small
Business Administration shall provide a copy of the training
curriculum developed under subsection (a) to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate.
(d) Category Management Defined.--In this section, the term
``category management'' has the meaning given by the Director
of the Office of Management and Budget.
Subtitle F--Other Matters
SEC. 881. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND CROSS-
SERVICING AGREEMENT TRANSACTIONS.
(a) Review.--The Secretary of Defense, acting through the
official designated to provide oversight of acquisition and
cross-servicing agreements under section 2342(f) of title 10,
United States Code, shall conduct a review of acquisition and
cross-servicing agreement transactions for which reimbursement
to the United States is overdue under section 2345 of such
title.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the
designated official described in subsection (a) shall
submit to the congressional defense committees a report
on the results of the review of acquisition and cross-
servicing agreement transactions described in such
subsection.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) For each such transaction valued at
$1,000,000 or more for which reimbursement to
the United States was overdue as of October 1,
2020--
(i) the total amount of the
transaction;
(ii) the unreimbursed balance of
the transaction;
(iii) the date on which the
transaction was originally made;
(iv) the date on which the most
recent request for payment was sent to
the relevant foreign government or
international organization; and
(v) a plan for securing
reimbursement from the foreign
government or international
organization.
(B) A description of the steps taken to
implement the recommendations made in the March
4, 2020, report of the Government
Accountability Office titled ``Defense
Logistics Agreements: DOD Should Improve
Oversight and Seek Payment from Foreign
Partners for Thousands of Orders It Identifies
as Overdue'', including efforts to validate
data reported under this subsection and in the
system of the Department of Defense to record
data on acquisition and cross-servicing
agreement transactions.
(C) The amount of reimbursement received
from a foreign government or international
organization, as applicable, for each order--
(i) for which the reimbursement is
recorded as overdue in the system of
the Department of Defense to record
data on acquisition and cross-servicing
agreement transactions; and
(ii) that was authorized during the
period beginning on October 1, 2013,
and ending on September 30, 2020.
(D) A plan for improving recordkeeping of
acquisition and cross-servicing agreement
transactions and ensuring timely reimbursement
by a foreign government or international
organization.
(E) Any other matter considered relevant by
the designated official described in subsection
(a).
SEC. 882. DOMESTIC COMPARATIVE TESTING ACTIVITIES.
Section 2350a(g) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``conventional
defense equipment, munitions, and
technologies manufactured and developed
by countries referred to in subsection
(a)(2)'' and inserting ``covered
equipment, munitions, and
technologies''; and
(ii) by striking ``such equipment,
munitions, and technologies'' and
inserting ``such covered equipment,
munitions, and technologies''; and
(B) in subparagraph (B), by inserting
``such covered'' before ``equipment, munitions,
and technologies'';
(2) in paragraph (2), by striking ``equipment,
munitions, and technologies of the type described in
paragraph (1)'' and inserting ``covered equipment,
munitions, and technologies''; and
(3) by adding at the end the following new
paragraph:
``(4) Covered Equipment, Munitions, and Technologies
Defined.--In this subsection, the term `covered equipment,
munitions, and technologies' means--
``(A) conventional defense equipment, munitions, and
technologies manufactured and developed by countries referred
to in subsection (a)(2); and
``(B) conventional defense equipment, munitions, and
technologies manufactured and developed domestically.''.
SEC. 883. PROHIBITION ON AWARDING OF CONTRACTS TO CONTRACTORS THAT
REQUIRE NONDISCLOSURE AGREEMENTS RELATING TO WASTE,
FRAUD, OR ABUSE.
(a) In General.--The Secretary of Defense may not award a
contract for the procurement of goods or services to a
contractor unless the contractor represents that--
(1) it does not require its employees to sign
internal confidentiality agreements or statements that
would prohibit or otherwise restrict such employees
from lawfully reporting waste, fraud, or abuse related
to the performance of a Department of Defense contract
to a designated investigative or law enforcement
representative of the Department of Defense authorized
to receive such information; and
(2) it will inform its employees of the limitations
on confidentiality agreements and other statements
described in paragraph (1).
(b) Reliance on Representation.--A contracting officer of
the Department of Defense may rely on the representation of a
contractor as to the requirements described under subsection
(a) in awarding a contract unless the officer has reason to
question the accuracy of the representation.
SEC. 884. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM
MANAGEMENT POLICY COUNCIL.
Section 1126 of title 31, United States Code, is amended--
(1) in subsection (a)(1), by inserting after
``senior executive of the agency'' the following: ``,
who has significant program and project management
oversight responsibilities,''; and
(2) in subsection (b)(4) by striking ``twice'' and
inserting ``four times''.
SEC. 885. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL
AGENCY CONTRACT AND GRANT OFFICERS.
Section 2313(d) of title 41, United States Code, is
amended--
(1) in paragraph (3), by inserting ``, and an
identification of any beneficial owner of such
corporation,'' after ``to the corporation''; and
(2) by adding at the end the following new
paragraph:
``(4) Definitions.--In this subsection:
``(A) Beneficial ownership.--The term
`beneficial ownership' has the meaning given
under section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509
note).
``(B) Corporation.--The term `corporation'
means any corporation, company, limited
liability company, limited partnership,
business trust, business association, or other
similar entity.''.
SEC. 886. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED
GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS.
Section 827 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1467; 10 U.S.C.
2304 note) is repealed.
SEC. 887. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN
FOREIGN MILITARY SALES.
Section 887(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note)
is amended--
(1) by striking ``December 31, 2021'' each place it
appears and inserting ``December 31, 2022''; and
(2) by adding at the end the following new
paragraph:
``(3) Applicability.--The requirements of this
subsection apply only to foreign military sales
processes within the Department of Defense.''.
SEC. 888. REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR
FOREIGN MILITARY SALES.
Section 830 of the National Defense Authorization Act for
Fiscal Year 2017 (22 U.S.C. 2762 note) is repealed.
SEC. 889. ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY INNOVATION
BASE.
(a) In General.--The Secretary of Defense shall assess the
economic forces and structures shaping the capacity of the
national security innovation base, and develop policies to
address such forces and structures.
(b) Elements.--The assessment required under subsection (a)
shall review the following matters as they pertain to the
innovative and manufacturing capacity of the national security
innovation base:
(1) A detailed description of the entities
comprising the national security innovation base and
how they currently interact.
(2) Competition and antitrust policy.
(3) Immigration policy, including the policies
germane to the attraction and retention of skilled
immigrants.
(4) Education funding and policy.
(5) Demand stabilization and social safety net
policies.
(6) The structure and incentives of financial
markets and the effects of such on the access of
businesses to credit.
(7) Trade policy, including export control policy
and trade remedies.
(8) The tax code and its effect on investment,
including the Federal research and development tax
credit.
(9) Regulatory policy, including with respect to
land use, environmental impact, and construction and
manufacturing activities.
(10) Economic and manufacturing infrastructure.
(11) Intellectual property policy.
(12) Federally funded investments in the economy,
including investments in research and development and
advanced manufacturing.
(13) Federally funded purchases of goods and
services.
(14) Federally funded investments to expand
domestic manufacturing capabilities.
(15) Coordination and collaboration with allies and
partners.
(16) Measures to protect technological advantages
over adversaries and to counteract hostile or
destabilizing activity by adversaries.
(17) Other matters as the Secretary of Defense
deems appropriate.
(c) Engagement With Certain Entities.--In conducting the
assessment required under subsection (a), the Secretary of
Defense shall engage through appropriate mechanisms with--
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(d) Submission of Assessment.--Not later than March 1,
2022, the Secretary of Defense shall submit to the President,
the Director of the Office of Management and Budget, the
Assistant to the President for National Security Affairs, the
Director of the National Economic Council, and the
congressional defense committees the assessment required under
subsection (a), together with recommendations and any
additional views of the Secretary.
SEC. 890. IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO CONSTRUCTION
OR MAINTENANCE OF A BORDER WALL.
With respect to contract actions reported to the Federal
Procurement Data system established pursuant to section
1122(a)(4) of title 41, United States Code (or any successor
system), the Secretary of Defense shall identify any contracts
(including any task order contract (as defined in section 2304d
of title 10, United States Code) and any modifications to a
contract) entered into by the Secretary relating to the
construction or maintenance of a barrier along the
international border between the United States and Mexico that
have an estimated value greater than or equal to $7,000,000.
SEC. 891. WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS UNDER
CERTAIN CONTRACTS DURING THE COVID-19 NATIONAL
EMERGENCY.
(a) Waiver of Progress Payments Requirements.--The
Secretary of Defense may waive the requirements of section
2307(e)(2) of title 10, United States Code, with respect to
progress payments for any undefinitized contractual action (as
defined in section 2326 of title 10, United States Code; in
this section referred to as ``UCA'') if the Secretary
determines that the waiver is necessary due to the national
emergency for the Coronavirus Disease 2019 (COVID-19) and--
(1) a contractor performing the contract for which
a UCA is entered into has not already received
increased progress payments from the Secretary of
Defense on contractual actions other than UCAs; or
(2) a contractor performing the contract for which
a UCA is entered into, and that has received increased
progress payments from the Secretary of Defense on
contractual actions other than UCAs, can demonstrate
that the contractor has promptly provided the amount of
the increase to any subcontractors (at any tier), small
business concerns (as defined under section 3 of the
Small Business Act (15 U.S.C. 632)), or suppliers of
the contractor.
(b) Definitization.--With respect to a UCA that not been
definitized for a period of 180 days beginning on the date on
which such UCA was entered into, the Secretary of Defense may
only use the waiver authority described in subsection (a) if
the Secretary (or a designee at a level not below the head of a
contracting activity) provides a certification to the
congressional defense committees that such UCA will be
definitized within 60 days after the date on which the waiver
is issued.
(c) Submission.--For each use of the waiver authority under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees an estimate of the amounts to
be provided to subcontractors (at any tier), small business
concerns, and suppliers, including an identification of the
specific entities receiving an amount from an increased
progress payment described under such subsection (a).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Repeal of position of Chief Management Officer of the
Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and
Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the
Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media Activity.
Subtitle C--Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States
Code.
Sec. 925. Amendments to provisions of law relating to pay and
allowances.
Sec. 926. Amendments to provisions of law relating to veterans'
benefits.
Sec. 927. Amendments to other provisions of the United States Code and
other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) Repeal of Position.--
(1) In general.--Section 132a of title 10, United
States Code is repealed.
(2) Conforming repeals.--The following provisions
of law are repealed:
(A) Paragraph (2) of section 131(b) of
title 10, United States Code.
(B) Section 910 of the National Defense
Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1516).
(3) Clerical amendment.--The table of sections at
the beginning of chapter 4 of title 10, United States
Code, is amended by striking the item relating to
section 132a.
(4) Effective date.--The repeals and amendments
made by this subsection shall take effect on the date
of the enactment of this Act.
(b) Implementation.--Not later than one year after the date
of the enactment of this Act--
(1) each duty or responsibility that remains
assigned to the Chief Management Officer of the
Department of Defense shall be transferred to an
officer or employee of the Department of Defense
designated by the Secretary of Defense, except that any
officer or employee so designated may not be an
individual who served as the Chief Management Officer
before the date of the enactment of this Act; and
(2) the personnel, functions, and assets of the
Office of the Chief Management Officer shall be
transferred to such other organizations and elements of
the Department as the Secretary considers appropriate.
(c) References.--Any reference in any law, regulation,
guidance, instruction, or other document of the Federal
Government to the Chief Management Officer of the Department of
Defense shall be deemed to refer to the applicable officer or
employee of the Department of Defense designated by the
Secretary of Defense under subsection (b)(1).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that sets forth
such recommendations for legislative action as the Secretary
considers appropriate for modifications to law to carry out
this section and the repeals and amendments made by this
section.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW
INTENSITY CONFLICT AND RELATED MATTERS.
(a) In General.--
(1) Clarification of chain of administrative
command.--Section 138(b)(2) of title 10, United States
Code, is amended--
(A) by redesignating clauses (i), (ii), and
(iii) of subparagraph (B) as subclauses (I),
(II), and (III), respectively;
(B) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(C) by inserting ``(A)'' after ``(2)'';
(D) in clause (i) of subparagraph (A), as
redesignated by this paragraph, by inserting
before the period at the end the following:
``through the administrative chain of command
specified in section 167(f) of this title;''
and
(E) by adding at the end the following new
subparagraph:
``(B) In the discharge of the responsibilities specified in
subparagraph (A)(i), the Assistant Secretary is immediately
subordinate to the Secretary of Defense. Unless otherwise
directed by the President, no officer below the Secretary may
intervene to exercise authority, direction, or control over the
Assistant Secretary in the discharge of such
responsibilities.''.
(2) Technical amendment.--Subparagraph (A) of such
section, as redesignated by paragraph (1), is further
amended in the matter preceding clause (i), as so
redesignated, by striking ``section 167(j)'' and
inserting ``section 167(k)''.
(b) Fulfillment of Special Operations Responsibilities.--
(1) In general.--Section 139b of title 10, United
States Code, is amended to read as follows:
``Sec. 139b. Secretariat for Special Operations; Special Operations
Policy and Oversight Council
``(a) Secretariat for Special Operations.--
``(1) In general.--In order to fulfill the
responsibilities of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict
specified in section 138(b)(2)(A)(i) of this title,
there shall be within the Office of the Assistant
Secretary of Defense for Special Operations and Low
Intensity Conflict an office to be known as the
`Secretariat for Special Operations'.
``(2) Purpose.--The purpose of the Secretariat is
to assist the Assistant Secretary in exercising
authority, direction, and control with respect to the
special operations-peculiar administration and support
of the special operations command, including the
readiness and organization of special operations
forces, resources and equipment, and civilian personnel
as specified in such section.
``(3) Director.--The Director of the Secretariat
for Special Operations shall be appointed by the
Secretary of Defense from among individuals qualified
to serve as the Director. An individual serving as
Director shall, while so serving, be a member of the
Senior Executive Service.
``(4) Administrative chain of command.--For
purposes of the support of the Secretariat for the
Assistant Secretary in the fulfillment of the
responsibilities referred to in paragraph (1), the
administrative chain of command is as specified in
section 167(f) of this title. Unless otherwise directed
by the President, no officer below the Secretary of
Defense (other than the Assistant Secretary) may
intervene to exercise authority, direction, or control
over the Secretariat in its support of the Assistant
Secretary in the discharge of such responsibilities.
``(b) Special Operations Policy and Oversight Council.--
``(1) In general.--In order to fulfill the
responsibilities specified in section 138(b)(2)(A)(i)
of this title, the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict shall
establish and lead a team known as the `Special
Operation Policy and Oversight Council' (in this
subsection referred to as the `Council').
``(2) Purpose.--The purpose of the Council is to
integrate the functional activities of the headquarters
of the Department of Defense in order to most
efficiently and effectively provide for special
operations forces and capabilities. In fulfilling this
purpose, the Council shall develop and continuously
improve policy, joint processes, and procedures that
facilitate the development, acquisition, integration,
employment, and sustainment of special operations
forces and capabilities.
``(3) Membership.--The Council shall include the
following:
``(A) The Assistant Secretary.
``(B) Appropriate senior representatives of
each of the following:
``(i) The Under Secretary of
Defense for Research and Engineering.
``(ii) The Under Secretary of
Defense for Acquisition and
Sustainment.
``(iii) The Under Secretary of
Defense (Comptroller).
``(iv) The Under Secretary of
Defense for Personnel and Readiness.
``(v) The Under Secretary of
Defense for Intelligence.
``(vi) The General Counsel of the
Department of Defense.
``(vii) The other Assistant
Secretaries of Defense under the Under
Secretary of Defense for Policy.
``(viii) The military departments.
``(ix) The Joint Staff.
``(x) The United States Special
Operations Command.
``(xi) Such other officers or
Agencies, elements, or components of
the Department of Defense as the
Secretary of Defense considers
appropriate.
``(4) Operation.--The Council shall operate
continuously.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 4 of such title is amended by
striking the item relating to section 139b and
inserting the following new item:
``139b. Secretariat for Special Operations; Special Operations Policy
and Oversight Council.''.
(c) DoD Directive on Responsibilities of ASD SOLIC.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall publish a Department of Defense directive
establishing policy and procedures related to the
exercise of authority, direction, and control of all
special-operations peculiar administrative matters
relating to the organization, training, and equipping
of special operations forces by the Assistant Secretary
of Defense for Special Operations and Low Intensity
Conflict as specified by section 138(b)(2)(A)(i) of
title 10, United States Code, as amended by subsection
(a)(1).
(2) Matters for including.--The directive required
by paragraph (1) shall include the following:
(A) A specification of responsibilities for
coordination on matters affecting the
organization, training, and equipping of
special operations forces.
(B) An identification and specification of
updates to applicable documents and
instructions of the Department of Defense.
(C) Mechanisms to ensure the inclusion of
the Assistant Secretary in all Departmental
governance forums affecting the organization,
training, and equipping of special operations
forces.
(D) Such other matters as the Secretary
considers appropriate.
(3) Applicability.-- The directive required by
paragraph (1) shall apply throughout the Department of
Defense to all components of the Department of Defense.
(4) Limitation on availability of certain funding
pending publication.--Of the amounts authorized to be
appropriated by this Act for fiscal year 2021 for
operation and maintenance, Defense-wide, and available
for the Office of the Secretary of Defense, not more
than 75 percent may be obligated or expended until the
date that is 15 days after the date on which the
Secretary publishes the directive required by paragraph
(1).
SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY.
(a) Increase in Authorized Number of Assistant Secretaries
of Defense.--Subsection (a)(1) of section 138 of title 10,
United States Code, is amended by striking ``13'' and inserting
``14''.
(b) Assistant Secretary of Defense for Industrial Base
Policy.--Subsection (b) of that section is amended by adding at
the end the following new paragraph:
``(6) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Industrial Base Policy. The Assistant
Secretary shall--
``(A) advise the Under Secretary of Defense for
Acquisition and Sustainment on industrial base
policies; and
``(B) perform other duties as directed by the Under
Secretary.''.
SEC. 904. ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, AND
ENVIRONMENT.
(a) Increase in Authorized Number of Assistant Secretaries
of Defense.--Subsection (a)(1) of section 138 of title 10,
United States Code, as amended by section 903 of this Act, is
further amended by striking ``14'' and inserting ``15''.
(b) Assistant Secretary of Defense for Energy,
Installations, and Environment.--Subsection (b) of that
section, as so amended, is further amended by adding at the end
the following new paragraph:
``(7) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Energy, Installations, and
Environment. The principal duty of the Assistant Secretary
shall be the overall supervision of matters relating to energy,
installations, and the environment for the Department of
Defense.''.
SEC. 905. OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION.
(a) Acknowledgment in Law and Redesignation of Office of
Economic Adjustment as Office of Local Defense Community
Cooperation.--
(1) In general.--Chapter 4 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 146. Office of Local Defense Community Cooperation
``(a) In General.--There is in the Office of the Secretary
of Defense an office to be known as the Office of Local Defense
Community Cooperation (in this section referred to as the
`Office').
``(b) Director.--The Office shall be headed by the Director
of the Office of Local Defense Community Cooperation, who shall
be appointed by the Under Secretary of Defense for Acquisition
and Sustainment from among civilian employees of the Federal
Government or private individuals who have the following:
``(1) Experience in the interagency in the
Executive Branch.
``(2) Experience in the administration and
management of Federal grants programs.
``(c) Duties.--The Office shall--
``(1) serve as the office in the Department of
Defense with primary responsibility for--
``(A) providing assistance to States,
counties, municipalities, regions, and other
communities to foster cooperation with military
installations to enhance the military mission,
achieve facility and infrastructure savings and
reduced operating costs, address encroachment
and compatible land use issues, support
military families, and increase military,
civilian, and industrial readiness and
resiliency; and
``(B) providing adjustment and
diversification assistance to State and local
governments under section 2391(b) of this title
to achieve the objectives described in
subparagraph (A);
``(2) coordinate the provision of such assistance
with other organizations and elements of the
Department;
``(3) provide support to the Economic Adjustment
Committee established under Executive Order No. 12788
(57 Fed. Reg. 2213; 10 U.S.C. 2391 note) or any
successor to such Committee; and
``(4) carry out such other activities as the Under
Secretary of Defense for Acquisition and Sustainment
considers appropriate.
``(d) Annual Report to Congress.--Not later than June 1
each year, the Director of the Office of Local Defense
Community Cooperation shall submit to the congressional defense
committees a report on the activities of the Office during the
preceding year, including the assistance provided pursuant to
subsection (c)(1) during such year.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 4 of such title is amended by
adding at the end the following new item:
``146. Office of Local Defense Community Cooperation.''.
(b) Limitation on Involuntary Separation of Personnel.--No
personnel of the Office of Local Defense Community Cooperation
under section 146 of title 10, United States Code (as added by
subsection (a)), may be involuntarily separated from service
with that Office during the one-year period beginning on the
date of the enactment of this Act, except for cause.
(c) Administration of Programs.--Any program, project, or
other activity administered by the Office of Economic
Adjustment of the Department of Defense as of the date of the
enactment of this Act shall be administered by the Office of
Local Defense Community Cooperation under section 146 of title
10, United States Code (as so added), after that date.
SEC. 906. INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD BUREAU TO THE
JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--Section 181(d) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Input from vice chief of the national guard
bureau.--The Council shall seek, and strongly consider,
the views of the Vice Chief of the National Guard
Bureau regarding non-Federalized National Guard
capabilities in support of homeland defense and civil
support missions.''.
(b) Technical Amendment.--Paragraph (1)(D) of such section
is amended by striking ``the'' and inserting ``The''.
SEC. 907. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE
OFFICE OF THE SECRETARY OF DEFENSE.
The Assistant Secretary of Defense for International
Security Affairs shall assign responsibility for the Arctic
region to the Deputy Assistant Secretary of Defense for the
Western Hemisphere or any other Deputy Assistant Secretary of
Defense the Secretary of Defense considers appropriate.
SEC. 908. MODERNIZATION OF PROCESS USED BY THE DEPARTMENT OF DEFENSE TO
IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Ongoing Analysis Required.--The Assistant Secretary of
Defense for Legislative Affairs shall conduct on an ongoing
basis an analysis of the process used by the Department of
Defense to identify reports to Congress required by annual
national defense authorization Acts, assign responsibility for
preparation of such reports, and manage the completion and
delivery of such reports to Congress for the purpose of
identifying mechanisms to optimize and otherwise modernize the
process.
(b) Consultation.--The Assistant Secretary shall conduct
the analysis required by subsection (a) with the assistance of
and in consultation with the Chief Information Officer of the
Department of Defense.
(c) Elements.--The analysis required by subsection (a)
shall include the following:
(1) A business process reengineering of the process
described in subsection (a).
(2) An assessment of applicable commercially
available analytics tools, technologies, and services
in connection with such business process reengineering.
(3) Such other actions as the Assistant Secretary
considers appropriate for purposes of the analysis.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. REFORM OF THE DEPARTMENT OF DEFENSE.
(a) Reform of the Department of Defense.--
(1) In general.--Chapter 3 of title 10, United
States Code, is amended by inserting after section 125
the following new section:
``Sec. 125a. Reform: improvement of efficacy and efficiency
``(a) In General.--The Secretary of Defense shall take such
action as is necessary to reform the Department of Defense to
improve the efficacy and efficiency of the Department, and to
improve the ability of the Department to prioritize among and
assess the costs and benefits of covered elements of reform.
``(b) Policy.--The Secretary shall develop a policy and
issue guidance to implement reform within the Department and to
improve the ability of the Department to prioritize among and
assess the costs and benefits of covered elements of reform.
``(c) Framework for Reform.--
``(1) In general.--Not later than February 1, 2022,
the Secretary shall establish policies, guidance, and a
consistent reporting framework to measure the progress
of the Department toward covered elements of reform,
including by establishing categories of reform,
consistent metrics, and a process for prioritization of
reform activities.
``(2) Scope.--The framework required by paragraph
(1) may address duties under the following:
``(A) Section 125 of this title.
``(B) Section 192 of this title.
``(C) Section 2222 of this title.
``(D) Section 1124 of title 31.
``(E) Section 11319 of title 40.
``(3) Consultation.--The Secretary shall consult
with the Deputy Secretary of Defense, the Performance
Improvement Officer of the Department of Defense, the
Chief Data Officer of the Department of Defense, the
Chief Information Officer of the Department of Defense,
and the financial managers of the military departments
in carrying out activities under this subsection.
``(d) Covered Elements of Reform.--For purposes of this
section and the policies, guidance, and reporting framework
required by subsection (c), covered elements of reform may
include the following:
``(1) Business systems modernization.
``(2) Enterprise business operations process re-
engineering.
``(3) Expanded and modernized collection,
management, dissemination, and visualization of data to
support decision-making at all levels of the
enterprise.
``(4) Improvements in workforce training and
education and increasing capabilities of the Department
workforce to support and execute reform activities and
business processes.
``(5) Improvements to decision-making processes to
enable cost savings, cost avoidance, or investments to
develop process improvements.
``(6) Such other elements as the Secretary
considers appropriate.
``(e) Annual Report.--At the same time the budget of the
President for a fiscal year is submitted to Congress pursuant
to section 1105 of title 31, the Secretary shall, using the
policies, guidance, and reporting framework required by
subsection (c), submit to the congressional defense committees
a report, including detailed narrative justifications and
tradeoff analyses between options, on the actions of the
Department as follows:
``(1) The activities, expenditures, and
accomplishments carried out or made to effect reform
under this section during the fiscal year in which such
budget is submitted.
``(2) The proposed activities, expenditures, and
accomplishments to effect reform under this section,
and consistent with priorities established by the
Secretary, during the fiscal year covered by such
budget and each of the four succeeding fiscal years.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 3 of such title is amended by
inserting after the item relating to section 125 the
following new item:
``125a. Reform: improvement of efficacy and efficiency.''.
(b) Implementing Policies, Guidance, and Reporting
Framework.--
(1) Submittal to congress.--Not later than March 1,
2022, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the policies, guidance, and reporting framework
established pursuant to subsection (c) of section 125a
of title 10, United States Code (as added by subsection
(a) of this section).
(2) Update.--Not later than 90 days after the date
of the submittal to Congress of the report required by
section 901(d) of this Act, the Secretary shall update
the reporting framework referred to in paragraph (1).
(c) Comptroller General of the United States Report.--Not
later than 270 days after the date of the submittal to Congress
pursuant to subsection (b) of the policies, guidance, and
reporting framework established pursuant to subsection (c) of
section 125a of title 10, United States Code (as so added), the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth an
evaluation, based on a review by the Comptroller General of
such policies, guidance, and framework, to the extent to which
the categories and metrics in such policies, guidance, and
reporting framework will enable consistent measurement of
progress in reform and prioritization of reform of the
Department.
SEC. 912. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE.
Section 129a(b) of title 10, United States Code, is amended
by adding at the end the following: ``The Secretary may not
reduce the civilian workforce programmed full-time equivalent
levels unless the Secretary conducts an appropriate analysis of
the impacts of such reductions on workload, military force
structure, lethality, readiness, operational effectiveness,
stress on the military force, and fully burdened costs.''.
SEC. 913. CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR DIVERSITY AND
INCLUSION.
(a) Department of Defense.--
(1) In general.--Chapter 4 of title 10, United
States Code, as amended by section 905 of this Act, is
further amended by adding at the end the following new
section:
``Sec. 147. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief
Diversity Officer of the Department of Defense, who shall be
appointed by the Secretary of Defense.
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion. A
person may not be appointed as Chief Diversity Officer within
three years after relief from active duty as a commissioned
officer of a regular component of an armed force.
``(3) The Chief Diversity Officer shall report directly to
the Secretary of Defense in the performance of the duties of
the Chief Diversity Officer under this section.
``(b) Duties.--The Chief Diversity Officer--
``(1) is responsible for providing advice on
policy, oversight, guidance, and coordination for all
matters of the Department of Defense related to
diversity and inclusion;
``(2) advises the Secretary of Defense, the
Secretaries of the military departments, and the heads
of all other elements of the Department with regard to
matters of diversity and inclusion;
``(3) shall establish and maintain a Department of
Defense strategic plan that publicly states a diversity
definition, vision, and goals for the Department;
``(4) shall define a set of strategic metrics that
are directly linked to key organizational priorities
and goals, actionable, and actively used to implement
the strategic plan under paragraph (3);
``(5) shall advise in the establishment of training
in diversity dynamics and training in practices for
leading diverse groups effectively;
``(6) shall advise in the establishment of a
strategic plan for diverse participation by
institutions of higher education (including
historically black colleges and universities and
minority-serving institutions), federally funded
research and development centers, and individuals in
defense-related research, development, test, and
evaluation activities;
``(7) shall advise in the establishment of a
strategic plan for outreach to, and recruiting from,
untapped locations and underrepresented demographic
groups;
``(8) shall coordinate with, and be supported by,
the Office of People Analytics on studies, assessments,
and related work relevant to diversity and inclusion;
and
``(9) shall perform such additional duties and
exercise such powers as the Secretary of Defense may
prescribe.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 4 of such title, as so
amended, is further amended by adding at the end the
following new item:
``147. Chief Diversity Officer.''.
(b) Senior Advisors for Diversity and Inclusion for the
Military Departments and Coast Guard.--
(1) Appointment required.--Each Secretary of a
military department shall appoint within such military
department a Senior Advisor for Diversity and Inclusion
for such military department (and for the Armed Force
or Armed Forces under the jurisdiction of such
Secretary). The Commandant of the Coast Guard shall
appoint a Senior Advisor for Diversity and Inclusion
for the Coast Guard.
(2) Qualifications and limitation.--Each Senior
Advisor for Diversity and Inclusion shall be appointed
from among persons who have an extensive management or
business background and experience with diversity and
inclusion. A person may not be appointed as Senior
Advisor for Diversity and Inclusion within three years
after relief from active duty as a commissioned officer
of a regular component of an Armed Force.
(3) Reporting.--A Senior Advisor for Diversity and
Inclusion shall report directly to the Secretary of the
military department within which appointed. The Senior
Advisor for Diversity and Inclusion for the Coast Guard
shall report directly to the Commandant of the Coast
Guard.
(4) Duties.--A Senior Advisor for Diversity and
Inclusion, with respect to the military department and
Armed Force or Armed Forces concerned--
(A) is responsible for providing advice,
guidance, and coordination for all matters
related to diversity and inclusion;
(B) shall advise in the establishment of
training in diversity dynamics and training in
practices for leading diverse groups
effectively;
(C) shall advise and assist in evaluations
and assessments of diversity;
(D) shall develop a strategic diversity and
inclusion plan, which plan shall be consistent
with the strategic plan developed and
maintained pursuant to subsection (b)(3) of
section 147 of title 10, United States Code (as
added by subsection (a) of this section);
(E) shall develop strategic goals and
measures of performance related to efforts to
reflect the diverse population of the United
States eligible to serve in the Armed Forces,
which goals and measures of performance shall
be consistent with the strategic metrics
defined pursuant to subsection (b)(4) of such
section 147; and
(F) shall perform such additional duties
and exercise such powers as the Secretary of
the military department concerned or the
Commandant of the Coast Guard, as applicable,
may prescribe.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on February 1, 2021.
SEC. 914. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE
CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA
ACTIVITY.
(a) In General.--No consolidation or transition to
alternative content delivery methods may occur within the
Defense Media Activity until a period of 180 days has elapsed
following the date on which the Secretary of Defense submits to
the Committees on Armed Services of the Senate and the House of
Representatives a report that identifies key aspects of the
business case for alternative content delivery, and actions to
mitigate risks, relating to the following:
(1) The safety and security of members of the Armed
Forces and their families.
(2) The cybersecurity or security of content
delivery to members of the Armed Forces, whether
through--
(A) vulnerabilities in the content delivery
method concerned;
(B) vulnerabilities in the personal devices
used by members; or
(C) vulnerabilities in the receivers or
streaming devices necessary to accommodate the
alternative content delivery method.
(3) Costs or personal financial liabilities to
members of the Armed Forces or their families, whether
through monthly subscription fees or other tolls
required to access digital content.
(4) Access to content with respect to bandwidth or
other technical limitations where members of the Armed
Forces receive content.
(b) Definitions.--In this section:
(1) The term ``alternative content delivery'' means
any method of the Defense Media Activity for the
delivery of digital content that is different from a
method used by the Activity as of the date of the
enactment of this Act.
(2) The term ``consolidation'', when used with
respect to the Defense Media Activity, means any action
to reduce or limit the functions, personnel,
facilities, or capabilities of the Activity, including
entering into contracts or developing plans for such
reduction or limitation.
Subtitle C--Space Force Matters
SEC. 921. OFFICE OF THE CHIEF OF SPACE OPERATIONS.
(a) In General.--Chapter 908 of title 10, United States
Code, is amended by striking section 9083 and inserting the
following new sections:
``Sec. 9083. Office of the Chief of Space Operations: function;
composition
``(a) Function.--There is in the executive part of the
Department of the Air Force an Office of the Chief of Space
Operations to assist the Secretary of the Air Force in carrying
out the responsibilities of the Secretary.
``(b) Composition.--The Office of the Chief of Space
Operations is composed of the following:
``(1) The Chief of Space Operations.
``(2) Other members of the Space Force and Air
Force assigned or detailed to the Office of the Chief
of Space Operations.
``(3) Civilian employees in the Department of the
Air Force assigned or detailed to the Office of the
Chief of Space Operations.
``(c) Organization.--Except as otherwise specifically
prescribed by law, the Office of the Chief of Space Operations
shall be organized in such manner, and the members of the
Office of the Chief of Space Operations shall perform such
duties and have such titles, as the Secretary of the Air Force
may prescribe.
``Sec. 9084. Office of the Chief of Space Operations: general duties
``(a) Professional Assistance.--The Office of the Chief of
Space Operations shall furnish professional assistance to the
Secretary, the Under Secretary, and the Assistant Secretaries
of the Air Force and to the Chief of Space Operations.
``(b) Authorities.--Under the authority, direction, and
control of the Secretary of the Air Force, the Office of the
Chief of Space Operations shall--
``(1) subject to subsections (c) and (d) of section
9014 of this title, prepare for such employment of the
Space Force, and for such recruiting, organizing,
supplying, equipping (including research and
development), training, servicing, mobilizing,
demobilizing, administering, and maintaining of the
Space Force, as will assist in the execution of any
power, duty, or function of the Secretary of the Air
Force or the Chief of Space Operations;
``(2) investigate and report upon the efficiency of
the Space Force and its preparation to support military
operations by commanders of the combatant commands;
``(3) prepare detailed instructions for the
execution of approved plans and supervise the execution
of those plans and instructions;
``(4) as directed by the Secretary of the Air Force
or the Chief of Space Operations, coordinate the action
of organizations of the Space Force; and
``(5) perform such other duties, not otherwise
assigned by law, as may be prescribed by the Secretary
of the Air Force.''.
(b) Table of Sections.--The table of sections at the
beginning of chapter 908 of such title is amended by striking
the item relating to section 9083 and inserting the following
new items:
``9083. Office of the Chief of Space Operations: function; composition.
``9084. Office of the Chief of Space Operations: general duties.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date on which the Secretary of the Air
Force and the Chief of Space Operations jointly submit to the
congressional defense committees a report detailing the
functions that the headquarters staff of the Department of the
Air Force will continue to perform in support of the Space
Force.
(d) No Authorization of Additional Military Billets.--The
Secretary shall establish the Office of the Chief of Space
Operations under section 9083 of title 10, United States Code,
as amended by subsection (a), using military personnel
otherwise authorized. Nothing in this section or the amendments
made by this section shall be construed to authorize additional
military billets for the purposes of, or in connection with,
the establishment of the Office of the Chief of Space
Operations.
SEC. 922. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE OPERATIONS
AUTHORITIES.
(a) Composition of Space Force.--Section 9081 of title 10,
United States Code, is amended by striking subsection (b) and
inserting the following new subsection (b):
``(b) Composition.--The Space Force consists of--
``(1) the Regular Space Force;
``(2) all persons appointed or enlisted in, or
conscripted into, the Space Force, including those not
assigned to units, necessary to form the basis for a
complete and immediate mobilization for the national
defense in the event of a national emergency; and
``(3) all Space Force units and other Space Force
organizations, including installations and supporting
and auxiliary combat, training, administrative, and
logistic elements.''.
(b) Functions.--Section 9081 of title 10, United States
Code, is further amended--
(1) by striking subsection (c) and inserting the
following new subsection (c):
``(c) Functions.--The Space Force shall be organized,
trained, and equipped to--
``(1) provide freedom of operation for the United
States in, from, and to space;
``(2) conduct space operations; and
``(3) protect the interests of the United States in
space.''; and
(2) by striking subsection (d).
(c) Clarification of Chief of Space Operations
Authorities.--Section 9082 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``general
officers of the Air Force'' and inserting
``general, flag, or equivalent officers of the
Space Force''; and
(B) by adding at the end the following new
paragraphs:
``(3) The President may appoint an officer as Chief of
Space Operations only if--
``(A) the officer has had significant experience in
joint duty assignments; and
``(B) such experience includes at least one full
tour of duty in a joint duty assignment (as defined in
section 664(d) of this title) as a general, flag, or
equivalent officer of the Space Force.
``(4) The President may waive paragraph (3) in the case of
an officer if the President determines such action is necessary
in the national interest.'';
(2) in subsection (b), by striking ``grade of
general'' and inserting ``grade in the Space Force
equivalent to the grade of general in the Army, Air
Force, and Marine Corps, or admiral in the Navy''; and
(3) in subsection (d)--
(A) in paragraph (4), by striking ``and''
at the end;
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph (5):
``(5) perform duties prescribed for the Chief of
Space Operations by sections 171 and 2547 of this title
and other provision of law; and''.
(d) Regular Space Force.--Chapter 908 of title 10, United
States Code, as amended by section 921 of this Act, is further
amended by adding at the end the following new section:
``Sec. 9085. Regular Space Force: composition
``(a) In General.--The Regular Space Force is the component
of the Space Force that consists of persons whose continuous
service on active duty in both peace and war is contemplated by
law, and of retired members of the Regular Space Force.
``(b) Composition.--The Regular Space Force includes--
``(1) the officers and enlisted members of the
Regular Space Force; and
``(2) the retired officers and enlisted members of
the Regular Space Force.''.
(e) Table of Sections.--The table of sections at the
beginning of chapter 908 of title 10, United States Code, as so
amended, is further amended by adding at the end the following
new item:
``9085. Regular Space Force: composition.''.
SEC. 923. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN TITLE
10, UNITED STATES CODE.
(a) Subtitle.--
(1) Heading.--The heading of subtitle D of title
10, United States Code, is amended to read as follows:
``Subtitle D--Air Force and Space Force''.
(2) Table of subtitles.--The table of subtitles at
the beginning of such title is amended is amended by
striking the item relating to subtitle D and inserting
the following new item:
``D. Air Force and Space Force...................................9011''.
(b) Organization.--
(1) Secretary of the air force.--Section 9013 of
title 10, United States Code, is amended--
(A) in subsection (f), by inserting ``and
officers of the Space Force'' after ``Officers
of the Air Force''; and
(B) in subsection (g)(1), by inserting ``,
members of the Space Force,'' after ``members
of the Air Force''.
(2) Office of the secretary of the air force.--
Section 9014 of such title is amended--
(A) in subsection (b), by striking
paragraph (4) and inserting the following new
paragraph (4):
``(4) The Inspector General of the Department of
the Air Force.'';
(B) in subsection (c)--
(i) in paragraph (1), by striking
``and the Air Staff'' and inserting ``,
the Air Staff, and the Office of the
Chief of Space Operations'';
(ii) in paragraph (2), by inserting
``or the Office of the Chief of Space
Operations'' after ``the Air Staff'';
(iii) in paragraph (3), by striking
``to the Chief of Staff and to the Air
Staff'' and all that follows through
the end and inserting ``to the Chief of
Staff of the Air Force and the Air
Staff, and to the Chief of Space
Operations and the Office of the Chief
of Space Operations, and shall ensure
that each such office or entity
provides the Chief of Staff and Chief
of Space Operations such staff support
as the Chief concerned considers
necessary to perform the Chief's duties
and responsibilities.''; and
(iv) in paragraph (4)--
(I) by inserting ``and the
Office of the Chief of Space
Operations'' after ``the Air
Staff''; and
(II) by inserting ``and the
Chief of Space Operations''
after ``Chief of Staff'';
(C) in subsection (d)--
(i) in paragraph (1), by striking
``and the Air Staff'' and inserting ``,
the Air Staff, and the Office of the
Chief of Space Operations'';
(ii) in paragraph (2), by inserting
``and the Office of the Chief of Space
Operations'' after ``the Air Staff'';
and
(iii) in paragraph (4), by striking
``to the Chief of Staff of the Air
Force and to the Air Staff'' and all
that follows through the end and
inserting ``to the Chief of Staff of
the Air Force and the Air Staff, and to
the Chief of Space Operations and the
Office of the Chief of Space
Operations, and shall ensure that each
such office or entity provides the
Chief of Staff and Chief of Space
Operations such staff support as the
Chief concerned considers necessary to
perform the Chief's duties and
responsibilities.''; and
(D) in subsection (e)--
(i) by striking ``and the Air
Staff'' and inserting ``, the Air
Staff, and the Office of the Chief of
Space Operations''; and
(ii) by striking ``to the other''
and inserting ``to any of the others''.
(3) Secretary of the air force: successors to
duties.--Section 9017 of such title is amended by
adding at the end the following new paragraph:
``(5) The Chief of Space Operations.''.
(4) Inspector general.--Section 9020 of such title
is amended--
(A) in subsection (a)--
(i) by inserting ``Department of
the'' after ``Inspector General of
the''; and
(ii) by inserting ``or the general,
flag, or equivalent officers of the
Space Force'' after ``general officers
of the Air Force'';
(B) in subsection (b)--
(i) in the matter preceding
paragraph (1), by striking ``or the
Chief of Staff'' and inserting ``, the
Chief of Staff of the Air Force, or the
Chief of Space Operations'';
(ii) in paragraph (1), by inserting
``Department of the'' before ``Air
Force''; and
(iii) in paragraph (2), by striking
``or the Chief of Staff'' and inserting
``, the Chief of Staff, or the Chief of
Space Operations'' ; and
(C) in subsection (e), by inserting ``or
the Space Force'' before ``for a tour of
duty''.
(5) The air staff: function; composition.--Section
9031(b)(8) of such title is amended by inserting ``or
the Space Force'' after ``of the Air Force''.
(6) Surgeon general: appointment; duties.--Section
9036(b) of such title is amended--
(A) in paragraph (1), by striking
``Secretary of the Air Force and the Chief of
Staff of the Air Force on all health and
medical matters of the Air Force'' and
inserting ``Secretary of the Air Force, the
Chief of Staff of the Air Force, and the Chief
of Space Operations on all health and medical
matters of the Air Force and the Space Force'';
and
(B) in paragraph (2)--
(i) by inserting ``and the Space
Force'' after ``of the Air Force'' the
first place it appears; and
(ii) by inserting ``and members of
the Space Force'' after ``of the Air
Force'' the second place it appears.
(7) Judge advocate general, deputy judge advocate
general: appointment; duties.--Section 9037 of such
title is amended--
(A) in subsection (e)(2)(B), by inserting
``or the Space Force'' after ``of the Air
Force''; and
(B) in subsection (f)(1), by striking ``the
Secretary of the Air Force or the Chief of
Staff of the Air Force'' and inserting ``the
Secretary of the Air Force, the Chief of Staff
of the Air Force, or the Chief of Space
Operations''.
(8) Chief of chaplains: appointment; duties.--
Section 9039(a) of such title is amended by striking
``in the Air Force'' and inserting ``for the Air Force
and the Space Force''.
(9) Provision of certain professional functions for
the space force.--Section 9063 of such title is
amended--
(A) in subsections (a) through (i), by
striking ``in the Air Force'' each place it
appears and inserting ``in the Air Force and
the Space Force''; and
(B) in subsection (i), as amended by
subparagraph (A), by inserting ``or the Space
Force'' after ``members of the Air Force''.
(c) Personnel.--
(1) Gender-free basis for acceptance of original
enlistments.--
(A) In general.--Section 9132 of title 10,
United States Code, is amended by inserting
``or the Regular Space Force'' after ``Regular
Air Force''.
(B) Heading.--The heading of such section
9132 is amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: gender-free
basis for acceptance of original enlistments''.
(C) Table of sections.--The table of
sections at the beginning of chapter 913 of
such title is amended by striking the item
relating to section 9132 and inserting the
following new item:
``9132. Regular Air Force and Regular Space Force: gender-free basis for
acceptance of original enlistments.''.
(2) Reenlistment after service as an officer.--
(A) In general.--Section 9138 of such title
is amended in subsection (a)--
(i) by inserting ``or the Regular
Space Force'' after ``Regular Air
Force'' both places it appears; and
(ii) by inserting ``or the Space
Force'' after ``officer of the Air
Force'' both places it appears.
(B) Heading.--The heading of such section
9132 is amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: reenlistment
after service as an officer''.
(C) Table of sections.--The table of
sections at the beginning of chapter 913 of
such title, as amended by paragraph (1)(C), is
further by striking the item relating to
section 9138 and inserting the following new
item:
``9138. Regular Air Force and Regular Space Force: reenlistment after
service as an officer.''.
(3) Appointments in the regular air force and
regular space force.--
(A) In general.--Section 9160 of such title
is amended--
(i) by inserting ``or the Regular
Space Force'' after ``Regular Air
Force''; and
(ii) by inserting ``or the Space
Force'' before the period.
(B) Chapter heading.--The heading of
chapter 915 of such title is amended to read as
follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR
SPACE FORCE''.
(C) Tables of chapters.--The table of
chapters at the beginning of subtitle D of such
title, and at the beginning of part II of
subtitle D of such title, are each amended by
striking the item relating to chapter 915 and
inserting the following new item:
``915. Appointments in the Regular Air Force and the Regular Space
Force..............................................9151''.
(4) Retired commissioned officers: status.--Section
9203 of such title is amended by inserting ``or the
Space Force'' after ``the Air Force''.
(5) Duties: chaplains; assistance required of
commanding officers.--Section 9217(a) of such title is
amended by inserting ``or the Space Force'' after ``the
Air Force''.
(6) Rank: commissioned officers serving under
temporary appointments.--Section 9222 of such title is
amended by inserting ``or the Space Force'' after ``the
Air Force'' both places it appears.
(7) Requirement of exemplary conduct.--Section 9233
of such title is amended--
(A) in the matter preceding paragraph (1),
by inserting ``and in the Space Force'' after
``the Air Force''; and
(B) in paragraphs (3) and (4), by inserting
``or the Space Force, respectively'' after
``the Air Force''.
(8) Enlisted members: officers not to use as
servants.--Section 9239 of such title is amended by
inserting ``or the Space Force'' after ``Air Force''
both places it appears.
(9) Presentation of united states flag upon
retirement.--Section 9251(a) of such title is amended
by inserting ``or the Space Force'' after ``member of
the Air Force''.
(10) Service credit: regular enlisted members;
service as an officer to be counted as enlisted
service.--Section 9252 of such title is amended--
(A) by inserting ``or the Regular Space
Force'' after ``Regular Air Force''; and
(B) by inserting ``in the Space Force,''
after ``in the Air Force,''.
(11) When secretary may require hospitalization.--
Section 9263 of such title is amended by inserting ``or
the Space Force'' after ``member of the Air Force''.
(12) Decorations and awards.--
(A) In general.--Chapter 937 of such title
is amended by inserting ``or the Space Force''
after ``the Air Force'' each place it appears
in the following provisions:
(i) Section 9271.
(ii) Section 9272.
(iii) Section 9273.
(iv) Section 9276.
(v) Section 9281 other than the
first place it appears in subsection
(a).
(vi) Section 9286(a) other than the
first place it appears.
(B) Medal of honor; air force cross;
distinguished-service medal: delegation of
power to award.--Section 9275 of such title is
amended by inserting before the period at the
end the following: ``, or to an equivalent
commander of a separate space force or higher
unit in the field''.
(13) Twenty years or more: regular or reserve
commissioned officers.--Section 9311(a) of such title
is amended by inserting ``or the Space Force'' after
``officer of the Air Force''.
(14) Twenty to thirty years: enlisted members.--
Section 9314 of such title is amended by inserting ``or
the Space Force'' after ``member of the Air Force''.
(15) Thirty years or more: regular enlisted
members.--Section 9317 of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(16) Thirty years or more: regular commissioned
officers.--Section 9318 of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(17) Forty years or more: air force officers.--
(A) In general.--Section 9324 of such title
is amended in subsections (a) and (b) by
inserting ``or the Space Force'' after ``Air
Force''.
(B) Heading.--The heading of such section
9324 is amended to read as follows:
``Sec. 9324. Forty years or more: Air Force officers and Space Force
officers''.
(C) Table of sections amendment.--The table
of sections at the beginning of chapter 941 of
such title is amended by striking the item
relating to section 9324 and inserting the
following new item:
``9324. Forty years or more: Air Force officers and Space Force
officers.''.
(18) Computation of years of service: voluntary
retirement; enlisted members.--Section 9325(a) of such
title is amended by inserting ``or the Space Force''
after ``Air Force''.
(19) Computation of years of service: voluntary
retirement; regular and reserve commissioned
officers.--
(A) In general.--Section 9326(a) of such
title is amended--
(i) in the matter preceding
paragraph (1), by inserting ``or the
Space Force'' after ``of the Air
Force''; and
(ii) in paragraph (1), by striking
``or the Air Force'' and inserting ``,
the Air Force, or the Space Force''.
(B) Technical amendments.--Such section
9326(a) is further amended by striking ``his''
each place it appears and inserting ``the
officer's''.
(20) Computation of retired pay: law applicable.--
Section 9329 of such title is amended by inserting ``or
the Space Force'' after ``Air Force''.
(21) Retired grade.--
(A) Higher grade after 30 years of service:
warrant officers and enlisted members.--Section
9344 of such title is amended--
(i) in subsection (a), by inserting
``or the Space Force'' after ``member
of the Air Force''; and
(ii) in subsection (b)--
(I) in paragraphs (1) and
(3), by inserting ``or the
Space Force'' after ``Air
Force'' each place it appears;
and
(II) in paragraph (2), by
inserting ``or the Regular
Space Force'' after ``Regular
Air Force''.
(B) Restoration to former grade: retired
warrant officers and enlisted members.--Section
9345 of such title is amended by inserting ``or
the Space Force'' after ``member of the Air
Force''.
(C) Retired lists.--Section 9346 of such
title is amended--
(i) in subsections (a) and (d), by
inserting ``or the Regular Space
Force'' after ``Regular Air Force'';
(ii) in subsection (b)(1), by
inserting before the semicolon the
following: ``, or for commissioned
officers of the Space Force other than
of the Regular Space Force''; and
(iii) in subsections (b)(2) and
(c), by inserting ``or the Space
Force'' after ``Air Force''.
(22) Recomputation of retired pay to reflect
advancement on retired list.--Section 9362(a) of such
title is amended by inserting ``or the Space Force''
after ``Air Force''.
(23) Fatality reviews.--Section 9381(a) of such
title is amended in paragraphs (1), (2), and (3) by
inserting ``or the Space Force'' after ``Air Force''.
(d) Training.--
(1) Members of air force: detail as students,
observers, and investigators at educational
institutions, industrial plants, and hospitals.--
(A) In general.--Section 9401 of title 10,
United States Code, is amended--
(i) in subsection (a), by inserting
``and members of the Space Force''
after ``members of the Air Force'';
(ii) in subsection (b), by
inserting ``or the Regular Space
Force'' after ``Regular Air Force'';
(iii) in subsection (c),by
inserting ``or Reserve of the Space
Force'' after ``Reserve of the Air
Force'';
(iv) in subsection (e), by
inserting ``or the Space Force'' after
``Air Force''; and
(v) in subsection (f)--
(I) by inserting ``or the
Regular Space Force'' after
``Regular Air Force''; and
(II) by inserting ``or the
Space Force Reserve'' after
``the reserve components of the
Air Force''.
(B) Technical amendments.--Subsection (c)
of such section 9401 is further amended--
(i) by striking ``his'' and
inserting ``the Reserve's''; and
(ii) by striking ``he'' and
inserting ``the Reserve'',
(C) Heading.--The heading of such section
9401 is amended to read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as students,
observers and investigators at educational
institutions, industrial plants, and hospitals''.
(D) Table of sections.--The table of
sections at the beginning of chapter 951 of
such title is amended by striking the item
relating to section 9401 and inserting the
following new item:
``9401. Members of Air Force and Space Force: detail as students,
observers, and investigators at educational institutions,
industrial plants, and hospitals.''.
(2) Enlisted members of air force: schools.--
(A) In general.--Section 9402 of such title
is amended--
(i) in subsection (a)--
(I) in the first sentence,
by inserting ``and enlisted
members of the Space Force''
after ``members of the Air
Force''; and
(II) in the third sentence,
by inserting ``and Space Force
officers'' after ``Air Force
officers''; and
(ii) in subsection (b), by
inserting ``or the Space Force'' after
``Air Force'' each place it appears.
(B) Heading.--The heading of such section
9402 is amended to read as follows:
``Sec. 9402. Enlisted members Air Force or Space Force: schools''.
(C) Table of sections.--The table of
sections at the beginning of chapter 951 of
such title is amended by striking the item
relating to section 9402 and inserting the
following new item:
``9402. Enlisted members of Air Force or Space Force: schools.''.
(3) Service schools: leaves of absence for
instructors.--Section 9406 of such title is amended by
inserting ``or Space Force'' after ``Air Force''.
(4) Degree granting authority for united states air
force institute of technology.--Section 9414(d)(1) of
such title is amended by inserting ``or the Space
Force'' after ``needs of the Air Force''.
(5) United states air force institute of
technology: administration.--Section 9414b(a)(2) is
amended--
(A) by inserting ``or the Space Force''
after ``the Air Force'' each place it appears;
and
(B) in subparagraph (B), by inserting ``or
the equivalent grade in the Space Force'' after
``brigadier general''.
(6) Community college of the air force: associate
degrees.--Section 9415 of such title is amended--
(A) in subsection (a) in the matter
preceding paragraph (1), by striking ``in the
Air Force'' and inserting ``in the Department
of the Air Force''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting
``or the Space Force'' after ``Air
Force'';
(ii) in paragraph (2), by striking
``other than'' and all that follows
through the end and inserting ``other
than the Air Force or the Space Force
who are serving as instructors at
Department of the Air Force training
schools.''; and
(iii) in paragraph (3), by
inserting ``or the Space Force'' after
``Air Force''.
(7) Air force academy establishment;
superintendent; faculty.--Section 9431(a) of such title
is amended by striking ``Air Force cadets'' and
inserting ``cadets''.
(8) Air force academy superintendent; faculty:
appointment and detail.--Section 9433(a) of such title
is amended by inserting ``or the Space Force'' after
``Air Force''.
(9) Air force academy permanent professors;
director of admissions.--
(A) In general.--Section 9436 of such title
is amended--
(i) in subsection (a)--
(I) in the first sentence,
by inserting ``in the Air Force
or the equivalent grade in the
Space Force'' after
``colonel'';
(II) in the second
sentence, by inserting ``and a
permanent professor appointed
from the Regular Space Force
has the grade equivalent to the
grade of colonel in the Regular
Air Force'' after ``grade of
colonel''; and
(III) in the third
sentence, by inserting ``in the
Air Force or the equivalent
grade in the Space Force''
after ``lieutenant colonel'';
and
(ii) in subsection (b)--
(I) in the first sentence,
``in the Air Force or the
equivalent grade in the Space
Force'' after ``colonel'' each
place it appears; and
(II) in the second
sentence, by inserting ``and a
person appointed from the
Regular Space Force has the
grade equivalent to the grade
of colonel in the Regular Air
Force'' after ``grade of
colonel''.
(B) Technical amendments.--Subsections (a)
and (b) of such section 9436 are further
amended by striking ``he'' each place it
appears and inserting ``such person''.
(10) Cadets: appointment; numbers, territorial
distribution.--
(A) In general.--Section 9442 of such title
is amended--
(i) by striking ``Air Force
Cadets'' each place it appears and
inserting ``cadets''; and
(ii) in subsection (b)(2), by
inserting ``or the Regular Space
Force'' after ``Regular Air Force''.
(B) Technical amendment.--Subsection (b)(4)
of such section 9442 is amended by striking
``him'' and inserting ``the Secretary''.
(11) Cadets: agreement to serve as officer.--
Section 9448(a) of such title is amended--
(A) in paragraph (2)(A), by inserting ``or
the Regular Space Force'' after ``Regular Air
Force''; and
(B) in paragraph (3)(A), by inserting
before the semicolon the following: ``or as a
Reserve in the Space Force for service in the
Space Force Reserve''.
(12) Cadets: organization; service; instruction.--
Section 9449 of such title is amended by striking
subsection (d).
(13) Cadets: hazing.--Section 9452(c) of such title
is amended--
(A) by striking ``an Air Force cadet'' and
inserting ``a cadet''; and
(B) by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(14) Cadets: degree and commission on graduation.--
Section 9453(b) of such title is amended by inserting
``or in the equivalent grade in the Regular Space
Force'' after ``Regular Air Force''.
(15) Support of athletic programs.--Section
9462(c)(2) of such title is amended by striking
``personnel of the Air Force'' and inserting
``personnel of the Department of the Air Force''.
(16) Schools and camps: establishment: purpose.--
Section 9481 of such title is amended--
(A) by inserting ``, the Space Force,''
after ``members of the Air Force,''; and
(B) by inserting ``or the Space Force
Reserve'' after ``the Air Force Reserve''.
(17) Schools and camps: operation.--Section 9482 of
such title is amended--
(A) in paragraph (4), by inserting ``or the
Regular Space Force'' after ``Regular Air
Force''; and
(B) in paragraph (7), in the matter
preceding subparagraph (A), by inserting ``or
Space Force'' after ``Air Force''.
(e) Service, Supply, and Procurement.--
(1) Equipment: bakeries, schools, kitchens, and
mess halls.--Section 9536 of title 10, United States
Code, is amended in the matter preceding paragraph (1)
by inserting ``or the Space Force'' after ``the Air
Force''.
(2) Rations.--Section 9561 of such title is
amended--
(A) in subsection (a)--
(i) in the first sentence, by
inserting ``and the Space Force
ration'' after ``the Air Force
ration''; and
(ii) in the second sentence, by
inserting ``or the Space Force'' after
``the Air Force''; and
(B) in subsection (b), by inserting ``or
the Space Force'' after ``the Air Force''.
(3) Clothing.--Section 9562 of such title is
amended by inserting ``and members of the Space Force''
after ``the Air Force''.
(4) Clothing: replacement when destroyed to prevent
contagion.--Section 9563 of such title is amended by
inserting ``or the Space Force'' after ``member of the
Air Force''.
(5) Colors, standards, and guidons of demobilized
organizations: disposition.--Section 9565 of such title
is amended--
(A) in subsection (a), in the matter
preceding paragraph (1), by inserting ``or the
Space Force'' after ``organizations of the Air
Force''; and
(B) in subsection (b), by inserting ``or
the Space Force'' after ``the Air Force''.
(6) Utilities: proceeds from overseas operations.--
Section 9591 of such title is amended by inserting ``or
the Space Force'' after ``the Air Force''.
(7) Quarters: heat and light.--Section 9593 of such
title is amended by inserting ``and members of the
Space Force'' after ``the Air Force''.
(8) Air force military history institute: fee for
providing historical information to the public.--
(A) In general.--Section 9594 of such title
is amended--
(i) in subsections (a) and (d), by
inserting ``Department of the'' before
``Air Force Military History'' each
place it appears; and
(ii) in subsection (e)(1)--
(I) by inserting
``Department of the'' before
``Air Force Military History'';
and
(II) by inserting ``and the
Space Force'' after ``materials
of the Air Force''.
(B) Heading.--The heading of such section
9594 is amended to read as follows:
``Sec. 9594. Department of the Air Force Military History Institute:
fee for providing historical information to the
public''.
(C) Table of sections.--The table of
sections at the beginning of chapter 967 of
such title is amended by striking the item
relating to section 9594 and inserting the
following new item:
``9594. Department of the Air Force Military History Institute: fee for
providing historical information to the public.''.
(9) Subsistence and other supplies: members of
armed forces; veterans; executive or military
departments and employees; prices.--Section 9621 of
such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``and members of the Space Force''
after ``the Air Force''; and
(ii) in paragraph (2), by inserting
``and officers of the Space Force''
after ``the Air Force'';
(B) in subsection (b), by inserting ``or
the Space Force'' after ``the Air Force'';
(C) in subsection (c), by inserting ``or
the Space Force'' after ``the Air Force'';
(D) in subsection (d), by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Force'';
(E) in subsection (e)--
(i) by inserting ``or the Space
Force'' after ``the Air Force'' the
first place it appears; and
(ii) by inserting ``or the Space
Force, respectively'' after ``the Air
Force'' the second place it appears;
(F) in subsection (f), by inserting ``or
the Space Force'' after ``the Air Force''; and
(G) in subsection (h)--
(i) by inserting ``or the Space
Force'' after ``the Air Force'' the
first place it appears; and
(ii) by inserting ``or members of
the Space Force'' after ``members of
the Air Force''.
(10) Rations: commissioned officers in field.--
Section 9622 of such title is amended by inserting
``and commissioned officers of the Space Force'' after
``officers of the Air Force''.
(11) Medical supplies: civilian employees of the
air force.--Section 9624(a) of such title is amended--
(A) by striking ``air base'' and inserting
``Air Force or Space Force military
installation''; and
(B) by striking ``Air Force when'' and
inserting ``Department of the Air Force when''.
(12) Ordnance property: officers of armed forces;
civilian employees of air force.--
(A) In general.--Section 9625 of such title
is amended--
(i) in subsection (a), by inserting
``or the Space Force'' after ``officers
of the Air Force''; and
(ii) in subsection (b), by striking
``the Air Force'' and inserting ``the
Department of the Air Force''.
(B) Heading.--The heading of such section
is amended to read as follows:
``Sec. 9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air Force;
American National Red Cross; educational
institutions; homes for veterans' orphans''.
(C) Table of sections.--The table of
sections at the beginning of chapter 969 of
such title is amended by striking the item
relating to section 9625 and inserting the
following new item:
``9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air Force; American
National Red Cross; educational institutions; homes for
veterans' orphans.''.
(13) Supplies: educational institutions.--Section
9627 of such title is amended--
(A) by inserting ``or the Space Force''
after ``for the Air Force'';
(B) by inserting ``or the Space Force''
after ``officer of the Air Force''; and
(C) by striking ``air science and tactics''
and inserting ``science and tactics''.
(14) Supplies: military instruction camps.--Section
9654 of such title is amended--
(A) by inserting ``or Space Force'' after
``an Air Force''; and
(B) by striking ``air science and tactics''
and inserting ``science and tactics''.
(15) Disposition of effects of deceased persons by
summary court-martial.--Section 9712(a)(1) of such
title is amended by inserting ``or the Space Force''
after ``the Air Force''.
(16) Acceptance of donations: land for
mobilization, training, supply base, or aviation
field.--
(A) In general.--Section 9771 of such title
is amended in paragraph (2) by inserting ``or
space mission-related facility'' after
``aviation field''.
(B) Heading.--The heading of such section
9771 is amended to read as follows:
``Sec. 9771. Acceptance of donations: land for mobilization, training,
supply base, aviation field, or space mission-
related facility''.
(C) Table of sections.--The table of
sections at the beginning of chapter 979 of
such title is amended by striking the item
relating to section 9771 and inserting the
following new item:
``9771. Acceptance of donations: land for mobilization, training, supply
base, aviation field, or space mission-related facility.''.
(17) Acquisition and construction: air bases and
depots.--
(A) In general.--Section 9773 of such title
is amended--
(i) in subsection (a)--
(I) by striking ``permanent
air bases'' and inserting
``permanent Air Force and Space
Force military installations'';
(II) by striking ``existing
air bases'' and inserting
``existing installations''; and
(III) by inserting ``or the
Space Force'' after ``training
of the Air Force'';
(ii) in subsections (b) and (c), by
striking ``air bases'' each place it
appears and inserting
``installations'';
(iii) in subsection (b)(7), by
inserting ``or Space Force'' after
``Air Force'';
(iv) in subsection (c)--
(I) in paragraph (1), by
inserting ``or Space Force''
after ``Air Force''; and
(II) in paragraphs (3) and
(4), by inserting ``or the
Space Force'' after ``the Air
Force'' both places it appears;
and
(v) in subsection (f), by striking
``air base'' and inserting
``installation''.
(B) Heading.--The heading of such section
9773 is amended to read as follows:
``Sec. 9773. Acquisition and construction: installations and depots''.
(C) Table of sections.--The table of
sections at the beginning of chapter 979 of
such title is amended by striking the item
relating to section 9773 and inserting the
following new item:
``9773. Acquisition and construction: installations and depots.''.
(18) Emergency construction: fortifications.--
Section 9776 of such title is amended by striking ``air
base'' and inserting ``installation''.
(19) Use of public property.--Section 9779 of such
title is amended--
(A) in subsection (a), by inserting ``or
the Space Force'' after ``economy of the Air
Force''; and
(B) in subsection (b), by inserting ``or
the Space Force'' after ``support of the Air
Force''.
(20) Disposition of real property at missile
sites.--Section 9781(a)(2) of such title is amended--
(A) in the matter preceding subparagraph
(A), by striking ``Air Force'' and inserting
``Department of the Air Force'';
(B) in subparagraph (A), by striking ``Air
Force'' the first two places it appears and
inserting ``Department of the Air Force''; and
(C) in subparagraph (C), by striking ``Air
Force'' and inserting ``Department of the Air
Force''.
(21) Maintenance and repair of real property.--
Section 9782 of such title is amended in subsections
(c) and (d) by inserting ``or the Space Force'' after
``the Air Force'' both places it appears.
(22) Settlement of accounts: remission or
cancellation of indebtedness of members.--Section
9837(a) of such title is amended by inserting ``or the
Space Force'' after ``member of the Air Force''.
(23) Final settlement of officer's accounts.--
(A) In general.--Section 9840 of such title
is amended by inserting ``or the Space Force''
after ``Air Force''.
(B) Technical amendments.--Such section
9840 is further amended--
(i) by striking ``he'' each place
it appears and inserting ``the
officer''; and
(ii) by striking ``his'' each place
it appears and inserting ``the
officer's''.
(24) Payment of small amounts to public
creditors.--Section 9841 of such title is amended by
inserting ``or Space Force'' after ``official of Air
Force''.
(25) Settlement of accounts of line officers.--
Section 9842 of such title is amended by inserting ``or
the Space Force'' after ``Air Force''.
(f) Service of Incumbents in Certain Positions Without
Reappointment.--
(1) In general.--The individual serving in a
position under a provision of law specified in
paragraph (2) as of the date of the enactment of this
Act may continue to serve in such position after that
date without further appointment as otherwise provided
by such provision of law, notwithstanding the amendment
of such provision of law by subsection (b).
(2) Provisions of law.--The provisions of law
specified in this paragraph are the provisions of title
10, United States Code, as follows:
(A) Section 9020, relating to the Inspector
General of the Department of the Air Force.
(B) Section 9036. relating to the Surgeon
General of the Air Force.
(C) Section 9037(a), relating to the Judge
Advocate General of the Air Force.
(D) Section 9037(d), relating to the Deputy
Judge Advocate General of the Air Force.
(E) Section 9039, relating to the Chief of
Chaplains for the Air Force and the Space
Force.
SEC. 924. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED STATES
CODE.
(a) Definitions.--Section 101(b)(13) of title 10, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(b) Other Provisions of Subtitle A.--
(1) Space force I.--Subtitle A of title 10, United
States Code, as amended by subsection (a), is further
amended by striking ``and Marine Corps'' each place it
appears and inserting ``Marine Corps, and Space Force''
in the following provisions:
(A) Section 116(a)(1) in the matter
preceding subparagraph (A).
(B) Section 533(a)(2).
(C) Section 646.
(D) Section 661(a).
(E) Section 712(a).
(F) Section 717(c)(1).
(G) Subsections (c) and (d) of section 741.
(H) Section 743.
(I) Section 1111(b)(4).
(J) Subsections (a)(2)(A) and (c)(2)(A)(ii)
of section 1143.
(K) Section 1174(j).
(L) Section 1463(a)(1).
(M) Section 1566.
(N) Section 2217(c)(2).
(O) Section 2259(a).
(P) Section 2640(j).
(2) Space force II.--
(A) In general.--Such subtitle is further
amended by striking ``Marine Corps,'' each
place it appears and inserting ``Marine Corps,
Space Force,'' in the following provisions:
(i) Section 123(a).
(ii) Section 172(a).
(iii) Section 518.
(iv) Section 747.
(v) Section 749.
(vi) Section 1552(c)(1).
(vii) Section 2632(c)(2)(A).
(viii) Section 2686(a).
(ix) Section 2733(a).
(B) Heading.--The heading of section 747 of
such title is amended to read as follows:
``Sec. 747. Command: when different commands of Army, Navy, Air Force,
Marine Corps, Space Force, and Coast Guard join''.
(C) Table of sections.--The table of
sections at the beginning of chapter 43 of such
title is amended by striking the item relating
to section 747 and inserting the following new
item:
``747. Command: when different commands of Army, Navy, Air Force, Marine
Corps, Space Force, and Coast Guard join.''.
(3) Space force III.--Such subtitle is further
amended by striking ``or Marine Corps'' each place it
appears and inserting ``Marine Corps, or Space Force''
in the following provisions:
(A) Section 125(b).
(B) Section 541(a).
(C) Section 601(a).
(D) Section 603(a).
(E) Section 619(a).
(F) Section 619a(a).
(G) Section 624(c).
(H) Section 625(b).
(I) Subsections (a) and (d) of section 631.
(J) Section 632(a).
(K) Section 637(a)(2).
(L) Section 638(a).
(M) Section 741(d).
(N) Section 771.
(O) Section 772.
(P) Section 773.
(Q) Section 1123.
(R) Section 1143(d).
(S) Section 1174(a)(2).
(T) Section 1251(a).
(U) Section 1252(a).
(V) Section 1253(a).
(W) Section 1375.
(X) Section 1413a(h).
(Y) Section 1551.
(Z) Section 1561(a).
(AA) Section 1731(a)(1)(A)(ii).
(BB) Section 2102(a).
(CC) Section 2103a(a)(2).
(DD) Section 2104(b)(5).
(EE) Section 2107.
(FF) Section 2421.
(GG) Section 2631(a).
(HH) Section 2787(a).
(4) Regular space force I.--Such subtitle is
further amended by striking ``or Regular Marine Corps''
each place it appears and inserting ``Regular Marine
Corps, or Regular Space Force'' in the following
provisions:
(A) Section 531(c).
(B) Section 532(a) in the matter preceding
paragraph (1).
(C) Subsections (a)(1), (b)(1), and (f) of
section 533.
(D) Section 633(a).
(E) Section 634(a).
(F) Section 635.
(G) Section 636(a).
(H) Section 647(c).
(I) Section 688(b)(1).
(J) Section 1181.
(5) Regular space force II.--Such subtitle is
further amended by striking ``Regular Marine Corps,''
each place it appears and inserting ``Regular Marine
Corps, Regular Space Force,'' in the following
provisions:
(A) Section 505.
(B) Section 506.
(C) Section 508.
(6) Transfer, etc. of functions, powers, and
duties.--Section 125(b) of such title, as amended by
paragraph (3)(A), is further amended by striking ``or
9062(c)'' and inserting ``9062(c), or 9081''.
(7) Joint staff matters.--
(A) Appointment of chairman; grade and
rank.--Section 152 of such title is amended--
(i) in subsection (b)(1)(C), by
striking ``or the Commandant of the
Marine Corps'' and inserting ``the
Commandant of the Marine Corps, or the
Chief of Space Operations''; and
(ii) in subsection (c), by striking
``or, in the case of the Navy,
admiral'' and inserting ``, in the case
of the Navy, admiral, or, in the case
of an officer of the Space Force, the
equivalent grade,''.
(B) Inclusion of space force on joint
staff.--Section 155(a)(2)(C) of such title is
amended by inserting ``and the Space Force''
after ``the Air Force''.
(8) Armed forces policy council.--Section 171(a) of
such title is amended--
(A) in paragraph (15), by striking ``and'';
(B) in paragraph (16), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(17) the Chief of Space Operations.''.
(9) Joint requirements oversight council.--Section
181(c)(1) of such title is amended by adding at the end
the following new subparagraph:
``(F) A Space Force officer in the grade
equivalent to the grade of general in the Army,
Air Force, or Marine Corps, or admiral in the
Navy.''.
(10) Unfunded priorities.--Section 222a(b) of such
title is amended--
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following new paragraph:
``(5) The Chief of Space Operations.''.
(11) Theater security cooperation expenses.--
Section 312(b)(3) of such title is amended by inserting
``the Chief of Space Operations,'' after ``the
Commandant of the Marine Corps,''.
(12) Western hemisphere institute.--Section
343(e)(1)(E) of such title is amended by inserting ``or
Space Force'' after ``for the Air Force''.
(13) Original appointments of commissioned
officers.--Section 531(a) of such title is amended--
(A) in paragraph (1), by striking ``and in
the grades of ensign, lieutenant (junior
grade), and lieutenant in the Regular Navy''
and inserting ``in the grades of ensign,
lieutenant (junior grade), and lieutenant in
the Regular Navy, and in the equivalent grades
in the Regular Space Force''; and
(B) in paragraph (2), by striking ``and in
the grades of lieutenant commander, commander,
and captain in the Regular Navy'' and inserting
``in the grades of lieutenant commander,
commander, and captain in the Regular Navy, and
in the equivalent grades in the Regular Space
Force''.
(14) Service credit upon original appointment as a
commissioned officer.--Section 533(b)(2) of such title
is amended by striking ``or captain in the Navy'' and
inserting ``, captain in the Navy, or an equivalent
grade in the Space Force''.
(15) Senior joint officer positions:
recommendations to the secretary of defense.--Section
604(a)(1)(A) of such title is amended by inserting
``and the name of at least one Space Force officer''
after ``Air Force officer''.
(16) Force shaping authority.--Section 647(a)(2) of
such title is amended by striking ``of that armed
force''.
(17) Members: required service.--Section 651(b) of
such title is amended by striking ``of his armed
force''.
(18) Career flexibility to enhance retention of
members.--Section 710(c)(1) of such title is amended by
striking ``the armed force concerned'' and inserting
``an armed force''.
(19) Senior members of military staff committee of
united nations.--Section 711 of such title is amended
by inserting ``or the Space Force'' after ``Air
Force''.
(20) Rank: chief of space operations.--
(A) In general.--Section 743 of such title
is amended by striking ``and the Commandant of
the Marine Corps'' and inserting ``the
Commandant of the Marine Corps, and the Chief
of Space Operations''.
(B) Heading.--The heading of such section
743 is amended to read as follows:
``Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval
Operations; Chief of Staff of the Air Force;
Commandant of the Marine Corps; Chief of Space
Operations''.
(C) Table of sections.--The table of
sections at the beginning of chapter 43 of such
title is amended by striking the item relating
to section 743 and inserting the following new
item:
``743. Rank: Chief of Staff of the Army; Chief of Naval Operations;
Chief of Staff of the Air Force; Commandant of the Marine
Corps; Chief of Space Operations.''.
(21) Uniform code of military justice.--Chapter 47
of such title (the Uniform Code of Military Justice) is
amended--
(A) in section 822(a)(7) (article
22(a)(7)), by striking ``Marine Corps'' and
inserting ``Marine Corps, or the commanding
officer of a corresponding unit of the Space
Force'';
(B) in section 823(a) (article 23(a))--
(i) in paragraph (2)--
(I) by striking ``Air Force
base'' and inserting ``Air
Force or Space Force military
installation''; and
(II) by striking ``or the
Air Force'' and inserting ``the
Air Force, or the Space
Force''; and
(ii) in paragraph (4), by inserting
``or a corresponding unit of the Space
Force'' after ``Air Force''; and
(C) in section 824(a)(3) (article
24(a)(3)), by inserting ``or a corresponding
unit of the Space Force'' after ``Air Force''.
(22) Service as cadet or midshipman not counted for
length of service.--Section 971(b)(2) of such title is
amended by striking ``or Air Force'' and inserting ``,
Air Force, or Space Force''.
(23) Referral bonus.--Section 1030(h)(3) of such
title is amended by inserting ``and the Space Force''
after ``concerning the Air Force''.
(24) Return to active duty from temporary
disability.--Section 1211(a) of such title is amended--
(A) in the matter preceding paragraph (1),
by striking ``or the Air Force'' and inserting
``, the Air Force, or the Space Force''; and
(B) in paragraph (6)--
(i) by striking ``or the Air Force,
who'' and inserting ``the Air Force, or
the Space Force who''; and
(ii) by striking ``or the Air
Force, as'' and inserting ``the Air
Force, or the Space Force, as''.
(25) Years of service.--Section 1405(c) of such
title is amended by striking ``or Air Force'' and
inserting ``, Air Force, or Space Force''.
(26) Retired pay base for persons who became
members before september 8, 1980.--Section 1406 of such
title is amended--
(A) in the heading of subsection (e), by
inserting ``and Space Force'' after ``Air
Force''; and
(B) in subsection (i)(3)--
(i) in subparagraph (A)--
(I) by redesignating clause
(v) as clause (vi); and
(II) by inserting after
clause (iv) the following new
clause (v):
``(v) Chief of Space Operations.'';
and
(ii) in subparagraph (B)--
(I) by redesignating clause
(v) as clause (vi); and
(II) by inserting after
clause (iv) the following new
clause (v):
``(v) The senior enlisted advisor
of the Space Force.''.
(27) Special requirements for military personnel in
the acquisition field.--
(A) In general.--Section 1722a(a) of such
title is amended by striking ``and the
Commandant of the Marine Corps (with respect to
the Army, Navy, Air Force, and Marine Corps,
respectively)'' and inserting ``, the
Commandant of the Marine Corps, and the Chief
of Space Operations (with respect to the Army,
Navy, Air Force, Marine Corps, and Space Force,
respectively)''.
(B) Clarifying amendment.--Such section
1722a(a) is further amended by striking ``the
Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Acquisition and
Sustainment''.
(28) Senior military acquisition advisors.--Section
1725(e)(1)(C) of such title is amended by inserting
``and Space Force'' before the period.
(29) Military family readiness council.--Section
1781a(b)(1) of such title is amended by striking
``Marine Corps, and Air Force'' each place it appears
and inserting ``Air Force, Marine Corps, and Space
Force''.
(30) Financial assistance program for specially
selected members.--Section 2107 of such title is
amended--
(A) in subsection (a)--
(i) by striking ``or as a'' and
inserting ``, as a''; and
(ii) by inserting ``or as an
officer in the equivalent grade in the
Space Force'' after ``Marine Corps,'';
(B) in subsection (b)--
(i) in paragraph (3), by striking
``the reserve component of the armed
force in which he is appointed as a
cadet or midshipman'' and inserting
``the reserve component of an armed
force''; and
(ii) in paragraph (5), by striking
``reserve component of that armed
force'' each place it appears and
inserting ``reserve component of an
armed force''; and
(C) in subsection (d), by striking ``second
lieutenant or ensign'' and inserting ``second
lieutenant, ensign, or an equivalent grade in
the Space Force''.
(31) Space rapid capabilities office.--Section
2273a(d) of such title is amended by striking paragraph
(3).
(32) Acquisition-related functions of chiefs of the
armed forces.--Section 2547(a) of such title is amended
by striking ``and the Commandant of the Marine Corps''
and inserting ``the Commandant of the Marine Corps, and
the Chief of Space Operations''.
(33) Agreements related to military training,
testing, and operations.--Section 2684a(i) of such
title is amended by inserting ``Space Force,'' before
``or Defense-wide activities'' each place it appears.
(c) Provisions of Subtitle B.--
(1) In general.--Subtitle B of title 10, United
States Code, is amended by striking ``or Marine Corps''
each place it appears and inserting ``Marine Corps, or
Space Force'' in the following provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2) Computation of years of service.--Section
7326(a)(1) of such title is amended by striking ``or
the Air Force'' and inserting ``, the Air Force, or the
Space Force''.
(d) Provisions of Subtitle C.--
(1) Cadets; hazing.--Section 8464(f) of title 10,
United States Code, is amended by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force''.
(2) Sales prices.--
(A) In general.--Section 8802 of such title
is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space
Force''.
(B) Heading.--The heading of such section
8802 is amended to read as follows:
``Sec. 8802. Sales: members of Army, Air Force, and Space Force;
prices''.
(C) Table of sections.--The table of
sections at the beginning of chapter 879 of
such title is amended by striking the item
relating to section 8802 and inserting the
following new item:
``8802. Sales: members of Army, Air Force, and Space Force; prices.''.
(3) Sales to certain veterans.--Section 8803 of
such title is amended by striking ``or the Marine
Corps'' and inserting ``the Marine Corps, or the Space
Force''.
(4) Subsistence and other supplies.--Section
8806(d) of such title is amended by striking ``or Air
Force or Marine Corps'' and inserting ``, Air Force,
Marine Corps, or Space Force''.
(5) Scope of chapter on prize.--Section 8851(a) of
such title is amended by striking ``or the Air Force''
and inserting ``, the Air Force, or the Space Force''.
SEC. 925. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND
ALLOWANCES.
(a) Definitions.--Section 101 of title 37, United States
Code, is amended--
(1) in paragraphs (3) and (4), by inserting ``Space
Force,'' after ``Marine Corps,'' each place it appears;
and
(2) in paragraph (5)(C), by inserting ``and the
Space Force'' after ``Air Force''.
(b) Basic Pay Rates.--
(1) Commissioned officers.--Footnote 2 of the table
titled ``COMMISSIONED OFFICERS'' in section 601(c) of
the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 37 U.S.C. 1009
note) is amended by inserting after ``Commandant of the
Marine Corps,'' the following: ``Chief of Space
Operations,''.
(2) Enlisted members.--Footnote 2 of the table
titled ``ENLISTED MEMBERS'' in section 601(c) of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 37 U.S.C. 1009
note) is amended by inserting after ``Sergeant Major of
the Marine Corps,'' the following: ``the senior
enlisted advisor of the Space Force,''.
(c) Pay Grades: Assignment to; General Rules.--Section
201(a) of title 37, United States Code, is amended--
(1) by striking ``(a) For the purpose'' and
inserting ``(a)(1) Subject to paragraph (2), for the
purpose''; and
(2) by adding at the end the following new
paragraph:
``(2) For the purpose of computing their basic pay,
commissioned officers of the Space Force are assigned to the
pay grades in the table in paragraph (1) by grade or rank in
the Air Force that is equivalent to the grade or rank in which
such officers are serving in the Space Force.''.
(d) Pay of Senior Enlisted Members.--Section 210(c) of
title 37, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph
(6); and
(2) by inserting after paragraph (4) the following
new paragraph (5):
``(5) The senior enlisted advisor of the Space
Force.''.
(e) Allowances Other Than Travel and Transportation
Allowances.--
(1) Personal money allowance.--Section 414 of title
37, United States Code, is amended--
(A) in subsection (a)(5), by inserting
``Chief of Space Operations,'' after
``Commandant of the Marines Corps,''; and
(B) in subsection (b), by inserting ``the
senior enlisted advisor of the Space Force,''
after ``the Sergeant Major of the Marine
Corps,''.
(2) Clothing allowance: enlisted members.--Section
418(d) of such title is amended--
(A) in paragraph (1), by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Force''; and
(B) in paragraph (4), by striking ``or the
Marine Corps'' and inserting ``the Marine
Corps, or the Space Force''.
(f) Travel and Transportation Allowances: Parking
Expenses.--Section 481i(b) of title 37, United States Code, is
amended by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force''.
(g) Leave.--
(1) Addition of space force.--Chapter 9 of title
37, United States Code, is amended by inserting ``Space
Force,'' after ``Marines Corps,'' each place it appears
in the following provisions:
(A) Subsections (b)(1) and (e)(1) of
section 501.
(B) Section 502(a).
(C) Section 503(a).
(2) Addition of regular space force.--Section
501(b)(5)(C) of such title is amended by striking ``or
Regular Marine Corps'' and inserting ``Regular Marine
Corps, or Regular Space Force''.
(3) Technical amendments.--Chapter 9 of such title
is further amended as follows:
(A) In section 501(b)(1)--
(i) by striking ``his'' each place
it appears and inserting ``the
member's''; and
(ii) by striking ``he'' and
inserting ``the member''.
(B) In section 502--
(i) by striking ``his designated
representative'' each place it appears
and inserting ``the Secretary's
designated representative'';
(ii) in subsection (a), by striking
``he'' each place it appears and
inserting ``the member''; and
(iii) in subsection (b), by
striking ``his'' and inserting ``the
member's''.
(h) Allotment and Assignment of Pay.--
(1) In general.--Subsections (a), (c), and (d) of
section 701 of title 37, United States Code, are each
amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(2) Technical amendments.--Such section 701 is
further amended--
(A) in subsection (a), by striking ``his''
and inserting ``the officer's'';
(B) in subsection (b), by striking ``his''
and inserting ``the person's''; and
(C) in subsection (c), by striking ``his
pay, and if he does so'' and inserting ``the
member's pay, and if the member does so''.
(3) Heading.--The heading of such section 701 is
amended to read as follows:
``Sec. 701. Members of the Army, Navy, Air Force, Marine Corps, and
Space Force; contract surgeons''.
(4) Table of sections.--The table of sections at
the beginning of chapter 13 of such title is amended by
striking the item relating to section 701 and inserting
the following new item:
``701. Members of the Army, Navy, Air Force, Marine Corps, and Space
Force; contract surgeons.''.
(i) Forfeiture of Pay.--
(1) Forfeiture for absence for intemperate use of
alcohol or drugs.--
(A) In general.--Section 802 of title 37,
United States Code, is amended by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Force''.
(B) Technical amendments.--Such section 802
is further amended by striking ``his'' each
place it appears and inserting ``the
member's''.
(2) Forfeiture when dropped from rolls.--
(A) In general.--Section 803 of such title
is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space
Force''.
(B) Heading.--The heading of such section
803 is amended to read as follows:
``Sec. 803. Commissioned officers of the Army, Air Force, or Space
Force: forfeiture of pay when dropped from rolls''.
(C) Table of sections.--The table of
sections at the beginning of chapter 15 of such
title is amended by striking the item relating
to section 803 and inserting the following new
item:
``803. Commissioned officers of the Army, Air Force, or Space Force:
forfeiture of pay when dropped from rolls.''.
(j) Effect on Pay of Extension of Enlistment.--Section 906
of title 37, United States Code, is amended by inserting
``Space Force,'' after ``Marine Corps,''.
(k) Administration of Pay.--
(1) Prompt payment required.--
(A) In general.--Section 1005 of title 37,
United States Code, is amended by striking
``and of the Air Force'' and inserting ``, the
Air Force, and the Space Force''.
(B) Heading.--The heading of such section
1005 is amended to read as follows:
``Sec. 1005. Army, Air Force, and Space Force: prompt payments
required''.
(C) Table of sections.--The table of
sections at the beginning of chapter 15 of such
title is amended by striking the item relating
to section 803 and inserting the following new
item:
``1005. Army, Air Force, and Space Force: prompt payments required.''.
(2) Deductions from pay.--
(A) In general.--Section 1007 of such title
is amended--
(i) in subsections (b), (d), (f),
and (g), by striking ``or the Air
Force'' and inserting ``, the Air
Force, or the Space Force''; and
(ii) in subsection (e), by striking
``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section
1007 is further amended--
(i) in subsection (b), by striking
``him'' and inserting ``the member'';
(ii) in subsection (d), by striking
``his'' each place it appears and
inserting ``the member's''; and
(iii) in subsection (f)--
(I) by striking ``his'' and
inserting ``the officer's'';
and
(II) by striking ``he''
both places it appears and
inserting ``the officer''.
SEC. 926. AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS'
BENEFITS.
(a) Addition of Space Service to References to Military,
Naval, or Air Service.--Title 38, United States Code, is
amended by striking ``or air service'' and inserting ``air, or
space service'' each place it appears in the following
provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18),
(24), and (32) of section 101.
(2) Section 105(a).
(3) Section 106(b).
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section
1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of
section 1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section
2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section
5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).
(61) Section 8301.
(b) Definitions.--
(1) Armed forces.--Paragraph (10) of section 101 of
title 38, United States Code, is amended by inserting
``Space Force,'' after ``Air Force,''.
(2) Secretary concerned.--Paragraph (25)(C) of such
section is amended by inserting ``or the Space Force''
before the semicolon.
(3) Space force reserve.--Paragraph (27) of such
section is amended--
(A) by redesignating subparagraphs (E)
through (G) as subparagraphs (F) through (H),
respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) the Space Force Reserve;''.
(c) Placement of Employees in Military Installations.--
Section 701 of title 38, United States Code, is amended by
striking ``and Air Force'' and inserting ``Air Force, and Space
Force''.
(d) Consideration to Be Accorded Time, Place, and
Circumstances of Service.--Section 1154(b) of title 38, United
States Code, is amended by striking ``or air organization'' and
inserting ``air, or space organization''.
(e) Premium Payments.--Section 1908 of title 38, United
States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of
title 38, United States Code, is amended by inserting ``or the
Space Force'' before the semicolon.
(g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C)
of title 38,United States Code, is amended by inserting ``or
the Space Force'' after ``Air Force''.
(h) Provision of Credit Protection and Other Services.--
Section 5724(c)(2) of title 38, United States Code, is amended
by striking ``or Marine Corps'' and inserting ``Marine Corps,
or Space Force''.
SEC. 927. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE AND
OTHER LAWS.
(a) Title 5; Definition of Armed Forces.--Section 2101(2)
of title 5, United States Code, is amended by inserting after
``Marine Corps,'' the following: ``Space Force,''.
(b) Title 14.--
(1) Voluntary retirement.--Section 2152 of title
14, United States Code, is amended by striking ``or
Marine Corps'' and inserting ``Marine Corps, or Space
Force''.
(2) Computation of length of service.--Section 2513
of such title is amended by inserting after ``Air
Force,'' the following: ``Space Force,''.
(c) Title 18; Firearms as Nonmailable.--Section 1715 of
such title is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(d) Title 31.--
(1) Definitions relating to claims.--Section
3701(a)(7) of title 31, United States Code, is amended
by inserting ``Space Force,'' after ``Marine Corps,''.
(2) Collection and compromise.--Section 3711(f) of
such title is amended in paragraphs (1) and (3) by
inserting ``Space Force,'' after ``Marine Corps,'' each
place it appears.
(e) Title 41; Honorable Discharge Certificate in Lieu of
Birth Certificate.--Section 6309(a) of title 41, United States
Code, is amended by inserting ``Space Force,'' after ``Marine
Corps,''.
(f) Title 51; Powers of the Administration in Performance
of Functions.--Section 20113(l) of title 51, United States
Code, is amended--
(1) in the subsection heading, by striking
``Services'' and inserting ``Forces''; and
(2) by striking ``and Marine Corps'' and inserting
``Marine Corps, and Space Force''.
(g) Public Law 79-772; Board of National Air and Space
Museum.--Section 1(a) of the Act of August 12, 1946 (60 Stat.
997, chapter 995; 20 U.S.C. 77(a)), is amended by inserting
``the Chief of Space Operations, or the Chief's designee,''
after ``the Chief of Staff of the Air Force, or his
designee,''.
SEC. 928. APPLICABILITY TO OTHER PROVISIONS OF LAW.
Section 958(b)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1567; 10
U.S.C. 9081 note) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``or the amendments made by this subtitle''
and inserting ``, the amendments made by this subtitle,
or the amendments made by subtitle C of title IX of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021'';
(2) in subparagraph (A), by striking ``and'' at the
end;
(3) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following new
subparagraphs:
``(C) the authority of the Secretary of
Defense with respect to the Air Force, members
of the Air Force, or civilian employees of the
Air Force may be exercised by the Secretary
with respect to the Space Force, members of the
Space Force, or civilian employees of the Space
Force; and
``(D) the authority of the Secretary of the
Air Force with respect to the Air Force,
members of the Air Force, or civilian employees
of the Air Force may be exercised by the
Secretary with respect to the Space Force,
members of the Space Force, or civilian
employees of the Space Force.''.
SEC. 929. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS
IN PAY GRADES E-8 AND E-9.
Section 517 of title 10, United States Code, shall not
apply to the Space Force until October 1, 2023.
SEC. 930. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE
JURISDICTION OF THE SPACE FORCE.
(a) Limitation.--A military installation (whether or not
under the jurisdiction of the Department of the Air Force) may
not be transferred to the jurisdiction or command of the Space
Force until the Secretary of the Air Force briefs the
congressional defense committees on the results of a business
case analysis, conducted by the Secretary in connection with
the transfer, of the cost and efficacy of the transfer.
(b) Timing of Briefing.--The briefing on a business case
analysis conducted pursuant to subsection (a) shall be provided
not later than 15 days after the date of the completion of the
business case analysis by the Secretary.
SEC. 931. ORGANIZATION OF THE SPACE FORCE.
(a) Limitations.--
(1) Secretary of defense.--The Secretary of Defense
may not establish a Space National Guard or Space
Reserve as a reserve component of the Space Force until
the Secretary completes the study under subsection (b)
and determines, based on the result of such study, that
a Space National Guard or a Space Reserve is the
organization best suited to discharge, in an effective
and efficient manner, the missions intended to be
assigned to such organization.
(2) Secretary of the air force.--Until the
Secretary of Defense carries out subsection (b), the
Secretary of the Air Force may not--
(A) transfer, to another component of the
Air Force, any member or civilian personnel of
the Air National Guard who is assigned to a
space mission; or
(B) relocate any asset, or dissolve any
element, of the Air National Guard or Air Force
Reserve that is assigned to a space mission.
(b) Study and Report Required.--Not later than March 31,
2021, the Secretary of Defense shall conduct a study to
formulate a plan regarding how best to organize the active and
reserve components of the Space Force and submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding such study. The report shall
include the following:
(1) The assumptions and factors used to make the
plan.
(2) Individuals who made recommendations regarding
the organization of such components.
(3) Determinations of the Secretary regarding the
mission, organization, and unit retention of such
components.
(4) The final organizational and integration
recommendations regarding such components.
(5) The proposed staffing and operational
organization for such components.
(6) The estimated date of implementation of the
plan.
(7) Any savings or costs arising from the
preservation of existing space-related force structures
in the Air National Guard.
(c) Rule of Construction.--Nothing in this section may be
construed to prohibit the reserve components of the Air Force
from performing space missions or continuing to support the Air
Force and the Space Force in the performance of space missions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on the
financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities.
Subtitle B--Counterdrug Activities
Sec. 1011. Quarterly reports on Department of Defense support provided
to other United States agencies for counterdrug activities and
activities to counter transnational organized crime.
Subtitle C--Naval Vessels
Sec. 1021. Limitation on availability of certain funds without naval
vessels plan and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund
for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally
funded contracts to provide full funding for Columbia class
submarines.
Sec. 1024. Preference for United States vessels in transporting supplies
by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in
foreign shipyards.
Sec. 1026. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding
industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment.
Sec. 1053. Sale or donation of excess Department of Defense personal
property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1056. Modification and technical correction to Department of
Defense authority to provide assistance along the southern
land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-risk
vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative
proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific
in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel,
active duty members of the Armed Forces, and National Guard
personnel in support of Federal authorities to respond to
civil disturbances.
Subtitle F--Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific
region.
Sec. 1074. Reports on threats to United States forces from small
unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control
effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor in
commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations.
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens
absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of
National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1091. Personal protective equipment matters.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2021 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph
(3), the total amount of authorizations that the
Secretary may transfer under the authority of this
section may not exceed $4,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES.
Section 226 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``of Defense and the
Secretary of each of the military departments''
after ``Secretary'';
(B) by striking ``2021'' and inserting
``2022'';
(C) by striking ``a consolidated budget
justification display'' and inserting ``a
budget justification display for each
applicable appropriation'';
(D) in the second sentence, by striking
``display'' and all that follows and inserting
``displays shall include each of the
following:'' and
(E) by adding at the end the following new
paragraphs:
``(1) Details at the appropriation and line item
level, including any amount for service-common support,
acquisition support, training, operations, pay and
allowances, base operations sustainment, and any other
common services and support.
``(2) An identification of any change in the level
or type of service-common support and enabling
capabilities provided by each of the military services
or Defense Agencies to special operations forces for
the fiscal year covered by the budget justification
display when compared to the preceding fiscal year,
including the rationale for any such change and any
mitigating actions.
``(3) An assessment of the specific effects that
the budget justification display for the fiscal year
covered by the display and any anticipated future
manpower and force structure changes are likely to have
on the ability of each of the military services to
provide service-common support and enabling
capabilities to special operations forces.
``(4) Any other matters the Secretary of Defense or
the Secretary of a military department determines are
relevant.'';
(2) by redesignating subsection (b) as subsection
(c); and
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Consolidated Budget Justification Display.--The
Secretary of Defense shall include, in the budget materials
submitted to Congress under section 1105 of title 31, for
fiscal year 2022 and any subsequent fiscal year, a consolidated
budget justification display containing the same information as
is required in the budget justification displays required under
subsection (a). Such consolidated budget justification display
may be provided as a summary by appropriation for each military
department and a summary by appropriation for all Defense
Agencies.''.
SEC. 1003. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION
PLAN TO FISCAL YEARS FOLLOWING FISCAL YEAR 2020.
Section 240b(a)(2)(A)(iii) of title 10, United States Code,
is amended by striking ``for fiscal year 2018'' and all that
follows and inserting ``for each fiscal year after fiscal year
2020 occurs by not later than March 31 following such fiscal
year;''.
SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE
DEPARTMENT OF DEFENSE OF UNQUALIFIED AUDIT OPINIONS
ON THE FINANCIAL STATEMENTS.
(a) Incentives Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary
of Defense (Comptroller), acting through the Deputy
Chief Financial Officer of the Department of Defense,
shall develop and issue guidance to provide incentives
for the achievement by each department, agency, and
other component of the Department of Defense of
unqualified audit opinions on their financial
statements.
(2) Applicability.--The guidance required under
paragraph (1) shall provide incentives for individual
employees in addition to departments, agencies, and
components.
(b) Report.--Section 240b(b)(1)(B) of title 10, United
States Code, is amended by adding at the end the following new
clause:
``(xiii) An description of the
incentives available pursuant to the
guidance required by section 1004(a) of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021, including a detailed
explanation of how such incentives were
provided during the fiscal year covered
by the report.''.
SEC. 1005. AUDIT READINESS AND REMEDIATION.
(a) Audit Remediation Plan.--Section 240g(a) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
paragraphs:
``(4) the amount spent by the Department on
operating and maintaining financial management systems
during the preceding five fiscal years; and
``(5) the amount spent by the Department on
acquiring or developing new financial management
systems during such five fiscal years.''.
(b) Annual Report on Unfunded Priorities.--
(1) In general.--Chapter 9A of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 240i. Annual report on unfunded priorities
``(a) In General.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31, the
Under Secretary of Defense (Comptroller) shall submit to the
Secretary of Defense, the Chairman of the Joint Chiefs of
Staff, and the congressional defense committees a report on
unfunded priorities of the Department of Defense related to
audit readiness and remediation.
``(b) Elements.--(1) Each report under subsection (a) shall
include, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority,
including the objectives to be achieved if such
priority were to be funded (whether in whole or in
part).
``(B) The additional amount of funds recommended in
connection with the objectives identified under
subparagraph (A).
``(C) Account information with respect to such
priority, including, as applicable, the following:
``(i) Line item number, in the case of
applicable procurement accounts.
``(ii) Program element number, in the case
of applicable research, development, test, and
evaluation accounts.
``(iii) Sub-activity group, in the case of
applicable operation and maintenance accounts.
``(2) The Under Secretary shall ensure that the unfunded
priorities covered by a report under subsection (a) are listed
in the order of urgency of priority, as determined by the Under
Secretary.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', with respect to a fiscal year, means an
activity related to an audit readiness or remediation effort
stemming from a relevant requirement under the Chief Financial
Officer Act (Public Law 101-576), chapter 9 of title 31, or
this chapter that--
``(1) is not funded in the budget of the President
for that fiscal year, as submitted to Congress pursuant
to section 1105 of title 31;
``(2) is necessary to address a shortfall in an
audit readiness or remediation activity; and
``(3) would have been recommended for funding
through the budget referred to in paragraph (1) if--
``(A) additional resources had been
available for the budget to fund the program,
activity, or mission requirement; or
``(B) the program, activity, or mission
requirement had emerged before the budget was
formulated.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 240h the following
new item:
``240i. Annual report on unfunded priorities.''.
SEC. 1006. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST
OF OFFICERS PROVIDING REPORTS OF UNFUNDED
PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (b), as amended by section 924,
by adding at the end the following new paragraph:
``(7) The Chief of the National Guard Bureau in the
role assigned to that position in section 10502(c)(1)
of this title.''; and
(2) in subsection (c), by adding at the end the
following new paragraph:
``(3) National guard unfunded priorities.--
``(A) In general.--The officer specified
under subsection (b)(6) shall only include in a
report submitted under subsection (a) such
priorities that--
``(i) relate to equipping
requirements in support of non-
federalized National Guard
responsibilities for the homeland
defense or civil support missions; and
``(ii) except as provided in
subparagraph (B), were not included in
a report under this section submitted
by an officer specified in subsection
(b)(1) or (3) for any of five fiscal
years preceding the fiscal year for
which the report is submitted, on
behalf of National Guard forces to
address a warfighting requirement.
``(B) Exception.--The officer specified
under subsection (b)(6) may include in a report
submitted under subsection (a) an unfunded
priority covered by subparagraph (A)(ii) if the
Secretary of Defense--
``(i) determines that the inclusion
such unfunded priority reasonably
supports the priorities of the
Department under the national defense
strategy under section 113(g) of this
title; and
``(ii) submits to the congressional
defense committees written notice of
such determination.''.
Subtitle B--Counterdrug Activities
SEC. 1011. QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE SUPPORT PROVIDED
TO OTHER UNITED STATES AGENCIES FOR COUNTERDRUG
ACTIVITIES AND ACTIVITIES TO COUNTER TRANSNATIONAL
ORGANIZED CRIME.
Section 284(h) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Quarterly reports.--
``(A) In general.--Not less frequently than
once each quarter, the Secretary shall submit
to the appropriate committees of Congress a
report on Department of Defense support
provided under subsection (b) during the
quarter preceding the quarter during which the
report is submitted. Each such report shall be
submitted in written and electronic form and
shall include--
``(i) an identification of each
recipient of such support;
``(ii) a description of the support
provided and anticipated duration of
such support; and
``(iii) a description of the
sources and amounts of funds used to
provide such support;
``(B) Appropriate committees of congress.--
Notwithstanding subsection (i)(1), for purposes
of a report under this paragraph, the
appropriate committees of Congress are--
``(i) the Committees on Armed
Services of the Senate and House of
Representatives; and
``(ii) any committee with
jurisdiction over the department or
agency that receives support covered by
the report.''.
Subtitle C--Naval Vessels
SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL
VESSELS PLAN AND CERTIFICATION.
Section 231 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary of Defense''
and inserting ``Secretary of the Navy''; and
(B) by striking ``and'' after the colon;
and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the
Secretary of the Navy may not use more than 50
percent of the funds'' and inserting ``the
Secretary of Defense may not use more than 25
percent of the funds''; and
(B) in paragraph (2)--
(i) by striking ``Secretary of the
Navy'' and inserting ``Secretary of
Defense'';
(ii) by striking ``operation and
maintenance, Navy'' and inserting
``operation and maintenance, Defense-
wide''; and
(iii) by inserting before the
period at the end the following: ``,
that remain available for obligation or
expenditure as of the date on which the
plan and certification under subsection
(a) are required to be submitted''.
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN NATIONAL DEFENSE SEALIFT FUND
FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS.
Section 2218(f)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (C), by striking ``seven'' and
inserting ``nine'';
(2) in subparagraph (E)--
(A) in the matter preceding clause (i), by
striking ``two'' and inserting ``four''; and
(B) in clause (ii), by striking ``2026''
and inserting ``2028''; and
(3) in subparagraph (G), by striking ``subparagraph
(E)'' and inserting ``subparagraph (F)''.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY
FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR
COLUMBIA CLASS SUBMARINES.
(a) In General.--Section 2218a(h)(1) of title 10, United
States Code, is amended--
(1) by striking ``incrementally funded contracts
for'' and all that follows and inserting
``incrementally funded contracts for--''; and
(2) by adding at the end the following new
subparagraphs:
``(A) advance procurement of high value, long lead
time items for nuclear powered vessels to better
support construction schedules and achieve cost savings
through schedule reductions and properly phased
installment payments; and
``(B) construction of the first two Columbia class
submarines.''.
(b) Limitation.--None of the amounts authorized to be
appropriated or otherwise made available for any of fiscal
years 2021 through 2023 for the Department of Defense for
Shipbuilding and Conversion, Navy, for the ``Ohio Replacement
Submarine'' line item, may be obligated or expended for the
construction of SSBN 827, unless otherwise specifically
provided by law.
SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING
SUPPLIES BY SEA.
(a) Preference for United States Vessels in Transporting
Supplies by Sea.--
(1) In general.--Section 2631 of title 10, United
States Code, is amended to read as follows:
``Sec. 2631. Preference for United States vessels in transporting
supplies by sea
``(a) In General.--Supplies bought for the Army, Navy, Air
Force, or Marine Corps, or for a Defense Agency, or otherwise
transported by the Department of Defense, may only be
transported by sea in--
``(1) a vessel belonging to the United States; or
``(2) a vessel of the United States (as such term
is defined in section 116 of title 46).
``(b) Waiver and Notification.--(1) The Secretary of
Defense may waive the requirement under subsection (a) if such
a vessel is--
``(A) not available at a fair and reasonable rate
for commercial vessels of the United States; or
``(B) otherwise not available.
``(2) At least once each fiscal year, the Secretary of
Defense shall submit, in writing, to the appropriate
congressional committees a notice of any waiver granted under
this subsection and the reasons for such waiver.
``(c) Requirements for Reflagging or Repair Work.--(1) In
each request for proposals to enter into a time-charter
contract for the use of a vessel for the transportation of
supplies under this section, the Secretary of Defense shall
require that--
``(A) any reflagging or repair work on a vessel for
which a proposal is submitted in response to the
request for proposals be performed in the United States
(including any territory of the United States); and
``(B) any corrective and preventive maintenance or
repair work on a vessel under contract pursuant to this
section relevant to the purpose of such contract be
performed in the United States (including any territory
of the United States) for the duration of the contract,
to the greatest extent practicable.
``(2) The Secretary of Defense may waive a requirement
under paragraph (1) if the Secretary determines that such
waiver is critical to the national security of the United
States. The Secretary shall immediately submit, in writing, to
the appropriate congressional committees a notice of any waiver
granted under this paragraph and the reasons for such waiver.
``(3) In this subsection:
``(A) The term `reflagging or repair work' means
work performed on a vessel--
``(i) to enable the vessel to meet
applicable standards to become a vessel of the
United States; or
``(ii) to convert the vessel to a more
useful military configuration.
``(B) The term `corrective and preventive
maintenance or repair' means--
``(i) maintenance or repair actions
performed as a result of a failure in order to
return or restore equipment to acceptable
performance levels; and
``(ii) scheduled maintenance or repair
actions to prevent or discover functional
failures.
``(d) Compliance.--The Secretary of Defense shall ensure
that contracting officers of the Department of Defense award
contracts under this section to responsible offerors and
monitor and ensure compliance with the requirements of this
section. The Secretary shall--
``(1) ensure that timely, accurate, and complete
information on contractor performance under this
section is included in any contractor past performance
database used by an executive agency; and
``(2) exercise appropriate contractual rights and
remedies against contractors who fail to comply with
this section, or subchapter I of chapter 553 of title
46, as determined by the Secretary of Transportation
under such subchapter, including by--
``(A) determining that a contractor is
ineligible for an award of such a contract; or
``(B) terminating such a contract or
suspension or debarment of the contractor for
such contract.
``(e) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committees on Armed Services of the
Senate and the House of Representatives;
``(2) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(3) the Committee on Commerce, Science, and
Transportation of the Senate.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 157 of title 10, United States
Code, is amended by striking the item relating to
section 2631 and inserting the following new item:
``2631. Preference for United States vessels in transporting supplies by
sea.''.
(b) Amendments to Title 46, United States Code.--
(1) Transfer of provision relating to priority
loading for coal.--
(A) In general.--Section 55301 of title 46,
United States Code, is redesignated as section
55123 of such title, transferred to appear
after section 55122 of such title, and amended
so that the enumerator, section heading,
typeface, and typestyle conform to those
appearing in other sections in such title.
(B) Conforming amendments.--
(i) The analysis for subchapter I
of chapter 553 of title 46, United
States Code, is amended by striking the
item relating to section 55301.
(ii) The analysis for chapter 551
of title 46, United States Code, is
amended by inserting after the item
relating to section 55122 the following
new item:
``55123. Priority loading for coal.''.
(2) Amendment to subchapter heading.--The heading
of subchapter I of chapter 553 of title 46, United
States Code, is amended to read as follows:
``subchapter i--government impelled transportation''.
SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS IN
FOREIGN SHIPYARDS.
(a) Exception for Damage Repair Due to Hostile Actions or
Interventions.--Section 8680(a) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``, other than in
the case of voyage repairs''; and
(2) by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), a naval vessel
described in paragraph (1) may be repaired in a shipyard
outside the United States or Guam if the repairs are--
``(A) voyage repairs; or
``(B) necessary to correct damage sustained due to
hostile actions or interventions.''.
(b) Limited Authority To Use Foreign Workers.--Section
8680(a)(2)(B)(i) of title 10, United States Code, is amended--
(1) by inserting ``(I)'' after ``(i)''; and
(2) by adding at the end the following new
subclauses:
``(II) Notwithstanding subclause (I), foreign workers may
be used to perform corrective and preventive maintenance or
repair on a vessel as described in subparagraph (A) only if the
Secretary of the Navy determines that travel by United States
Government personnel or United States contractor personnel to
perform the corrective or preventive maintenance or repair is
not advisable for health or safety reasons. The Secretary of
the Navy may not delegate the authority to make a determination
under this subclause.
``(III) Not later than 30 days after making a determination
under subclause (II), the Secretary of the Navy shall submit to
the congressional defense committees written notification of
the determination. The notification shall include the reasons
why travel by United States personnel is not advisable for
health or safety reasons, the location where the corrective and
preventive maintenance or repair will be performed, and the
approximate duration of the corrective and preventive
maintenance or repair.''.
(c) Technical Correction.--Section 8680(a)(2)(C)(ii) of
title 10, United States Code, is amended by striking the period
after ``means--''.
SEC. 1026. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8692. Biennial report on shipbuilder training and the defense
industrial base
``Not later than February 1 of each even-numbered year
until 2026, the Secretary of the Navy, in coordination with the
Secretary of Labor, shall submit to the Committee on Armed
Services and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Armed Services and
the Committee on Education and Labor of the House of
Representatives a report on shipbuilder training and hiring
requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness of
the defense industrial base. Each such report shall include
each of the following:
``(1) An analysis and estimate of the time and
investment required for new shipbuilders to gain
proficiency in particular shipbuilding occupational
specialties, including detailed information about the
occupational specialty requirements necessary for
construction of naval surface ship and submarine
classes to be included in the Navy's 30-year
shipbuilding plan.
``(2) An analysis of the age demographics and
occupational experience level (measured in years of
experience) of the shipbuilding defense industrial
workforce.
``(3) An analysis of the potential time and
investment challenges associated with developing and
retaining shipbuilding skills in organizations that
lack intermediate levels of shipbuilding experience.
``(4) Recommendations concerning how to address
shipbuilder training during periods of demographic
transition and evolving naval fleet architecture
consistent with the Navy's most recent Integrated Force
Structure Assessment.
``(5) An analysis of whether emerging technologies,
such as augmented reality, may aid in new shipbuilder
training.
``(6) Recommendations concerning how to encourage
young adults to enter the defense shipbuilding industry
and to develop the skills necessary to support the
shipbuilding defense industrial base.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8692. Biennial report on shipbuilder training and the defense
industrial base.''.
SEC. 1027. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON USE OF
FUNDS FOR RETIREMENT OF CERTAIN LEGACY MARITIME
MINE COUNTERMEASURE PLATFORMS.
(a) In General.--Section 1046(b)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public law 115-91; 131
Stat. 1556) is amended by striking ``certifies'' and inserting
``, with the concurrence of the Director of Operational Test
and Evaluation, certifies in writing''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to waivers under subsection (b)(1) of
section 1046 of the National Defense Authorization Act for
Fiscal Year 2018 of the prohibition under subsection (a) of
that section that occur on or after that date.
SEC. 1028. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR
CERTAIN NAVY MESS OPERATIONS AFLOAT.
Section 1014(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4585), as most recently amended by section 1023(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 966), is further amended by striking
``September 30, 2020'' and inserting ``September 30, 2025''.
SEC. 1029. WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING
INDUSTRIAL BASE WORKFORCE.
(a) In General.--The Secretary of the Navy and the
Secretary of Labor shall jointly establish and appoint members
to a working group, which shall make recommendations to enhance
the integration of programs, resources, and expertise to
strengthen the Navy shipbuilding industrial base through
greater stabilization of the workforce available to the Navy
shipbuilding industrial base.
(b) Duties.--The working group established pursuant to
subsection (a) shall carry out the following activities:
(1) Analyze existing Department of the Navy
shipbuilding contracts and other relevant information
to better anticipate future employment trends and
tailor support and opportunities for workers most
vulnerable to upcoming workforce fluctuations.
(2) Identify existing Department of Labor programs
for unemployed, underemployed, and furloughed employees
that could benefit the Navy shipbuilding industrial
base workforce during times of workload fluctuations
and workforce instability, and explore potential
partnerships to connect employees with appropriate
resources.
(3) Explore possible cost sharing agreements to
enable the Secretary of the Navy to contribute funding
to existing Department of Labor workforce programs to
support the Navy shipbuilding industrial base
workforce.
(4) Examine possible programs that will
specifically assist furloughed employees in the Navy
shipbuilding industrial base workforce who may
sporadically rely on unemployment benefits.
(5) Explore opportunities for unemployed,
underemployed, or furloughed employees in the Navy
shipbuilding industrial base workforce to receive
workforce training through temporary partnerships with
States, technical schools, community colleges, and
other local workforce development opportunities.
(6) Review existing training programs for the Navy
shipbuilding industrial base workforce to maximize
relevant and necessary training opportunities that
would broaden employee skillset during times of
unemployment, underemployment, or furlough, where
applicable.
(7) Assess the possibility of Navy shipbuilding
employee support programs to weather a period of
unemployment, underemployment, or furlough, including
compensation options, alternative employment, temporary
stipends, or other worker support opportunities.
(8) Study cross-State credentialing requirements
and identify any restrictions that inhibit the
flexibility of the Navy shipbuilding industrial base
workforce to seek employment opportunities across State
lines, and make recommendations to streamline
licensing, credentialing, certification, and
qualification requirements within the shipbuilding
industry.
(9) Review additional or new contracting
authorities that could enable the Department of the
Navy to award short-term, flexible contracts that will
prioritize work for unemployed, underemployed, or
furloughed employees within the Navy shipbuilding
industrial base workforce.
(10) Identify specific workforce support programs
to support suppliers of all sizes within the Navy
shipbuilding industrial base, and assess any additional
support from prime contractors that would improve the
stability of such suppliers.
(11) Assess whether greater collaboration with the
United States Coast Guard and its shipbuilding
contractors and subcontractors would improve Navy
shipbuilding industrial base workforce stability by
assessing a totality of Navy and Coast Guard
shipbuilding demands.
(12) Consider potential pilot programs that will
specifically address Navy shipbuilding industrial base
workforce stability.
(13) Explore any additional opportunities to invest
in recruiting, retaining, and training a skilled Navy
shipbuilding industrial base workforce.
(14) Consider and incorporate the findings and
recommendations, as appropriate, of the report on
shipbuilder training and the defense industrial base
required under section 1037 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1583).
(c) Notice of Establishment and Structure.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of the Navy, in coordination with the Secretary of
Labor, shall submit to the congressional defense committees
notice regarding the membership and structure of the working
group established pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy, in
consultation with the Secretary of Labor, shall submit to the
congressional defense committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Education and Labor of the House of Representatives a report
containing the findings and recommendations of the working
group established pursuant to subsection (a).
(e) Termination.--The working group established pursuant to
subsection (a) shall terminate on the date that is 30 days
after the submittal of the report required under subsection
(d).
SEC. 1030. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Navy
may be obligated or expended to retire, or to prepare for the
retirement, transfer, or placement in storage of, any
Department of the Navy ship until the date that is 30 days
after the date on which Secretary of Defense submits to the
congressional defense committees the 2020 Naval Integrated
Force Structure Assessment.
Subtitle D--Counterterrorism
SEC. 1041. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED
STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1953), as amended by section 1043 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1586), is further amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1954), as amended by section 1044 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1586), is further amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN
COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1954), as amended by section 1042 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1568), is further amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1045 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1586), is further amended by striking ``fiscal year 2018,
2019, or 2020'' and inserting ``fiscal years 2018 through
2021''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1051. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) by striking subsection (c) and inserting the
following new subsection (c):
``(c) Procedures.--
``(1) In general.--The authority in this section
shall be exercised in accordance with such procedures
as the Secretary shall establish for purposes of this
section. The Secretary shall notify the congressional
defense committees of any material change to such
procedures.
``(2) Elements.--The procedures required under
paragraph (1) shall establish, at a minimum, each of
the following:
``(A) Policy, strategy, or other guidance
for the execution of, and constraints within,
activities conducted under this section.
``(B) The processes through which
activities conducted under this section are to
be developed, validated, and coordinated, as
appropriate, with relevant Federal entities.
``(C) The processes through which legal
reviews and determinations are made to comply
with this section and ensure that the exercise
of the authority in this section is consistent
with the national security of the United
States.'';
(2) in subsection (d)(2), by adding at the end the
following new subparagraphs:
``(G) A description of the entities with
which the recipients of support are engaged in
hostilities and whether each such entity is
covered under an authorization for use of
military force.
``(H) A description of the steps taken to
ensure the support is consistent with United
States national security objectives.
``(I) A description of the steps taken to
ensure that the recipients of support have not
engaged in human rights violations.'';
(3) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(4) by inserting after subsection (d) the following
new subsection (e):
``(e) Notification of Suspension or Termination of
Support.--
``(1) In general.--Not later than 48 hours after
suspending or terminating support to any foreign force,
irregular force, group, or individual under the
authority in this section, the Secretary shall submit
to the congressional defense committees a written
notice of such suspension or termination.
``(2) Elements.--Notice provided under paragraph
(1) with respect to the suspension or termination of
support shall include each of the following elements:
``(A) A description of the reasons for the
suspension or termination of such support.
``(B) A description of any effects on
regional, theatre, or global campaign plan
objectives anticipated to result from the
suspension or termination of such support.
``(C) A plan for the suspension or
termination of the support, and, in the case of
support that is planned to be transitioned to
another program of the Department of Defense or
another Federal department or agency, a
detailed description of the transition plan,
including the resources, equipment,
capabilities, and personnel associated with
such plan.''; and
(5) by striking subsection (g), as redesignated by
paragraph (3), and inserting the following new
subsection (g):
``(g) Construction of Authority.--Nothing in this section
may be construed to constitute authority to conduct or provide
statutory authorization for any of the following:
``(1) A covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
``(2) An introduction of the armed forces,
(including as such term is defined in section 8(c) of
the War Powers Resolution (50 U.S.C. 1547(c)), into
hostilities, or into situations where hostilities are
clearly indicated by the circumstances, without
specific statutory authorization within the meaning of
section 5(b) of such Resolution (50 U.S.C. 1544(b)).
``(3) Activities or support of activities, directly
or indirectly, that are inconsistent with the laws of
armed conflict.''.
SEC. 1052. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE CLANDESTINE
ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF
THE ENVIRONMENT.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127e the following new
section:
``Sec. 127f. Expenditure of funds for clandestine activities that
support operational preparation of the environment
``(a) Authority.--Subject to subsections (b) through (d),
the Secretary of Defense may expend up to $15,000,000 in any
fiscal year for clandestine activities for any purpose the
Secretary determines to be proper for preparation of the
environment for operations of a confidential nature. Such a
determination is final and conclusive upon the accounting
officers of the United States. The Secretary may certify the
amount of any such expenditure authorized by the Secretary that
the Secretary considers advisable not to specify, and the
Secretary's certificate is sufficient voucher for the
expenditure of that amount.
``(b) Funds.--Funds for expenditures under this section in
a fiscal year shall be derived from amounts authorized to be
appropriated for that fiscal year for operation and
maintenance, Defense-wide.
``(c) Limitation on Delegation.--The Secretary of Defense
may not delegate the authority under this section with respect
to any expenditure in excess of $250,000.
``(d) Exclusion of Intelligence Activities.--(1) This
section does not constitute authority to conduct, or expend
funds for, intelligence, counterintelligence, or intelligence-
related activities.
``(2) In this subsection, the terms `intelligence' and
`counterintelligence' have the meaning given those terms in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
``(e) Annual Report.--Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report on expenditures made under this
section during the fiscal year preceding the year in which the
report is submitted. Each report shall include, for each
expenditure under this section during the fiscal year covered
by such report--
``(1) the amount and date of such expenditure;
``(2) a detailed description of the purpose for
which such expenditure was made;
``(3) an explanation why other authorities
available to the Department of Defense could not be
used for such expenditure; and
``(4) any other matters the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127e the following new item:
``127f. Expenditure of funds for clandestine activities that support
operational preparation of the environment.''.
SEC. 1053. SALE OR DONATION OF EXCESS DEPARTMENT OF DEFENSE PERSONAL
PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.
(a) Inclusion of Disaster-related Emergency Preparedness
Activities Among Law Enforcement Activities Authorities.--
(1) Inclusion.--Subsection (a)(1)(A) of section
2576a of title 10, United States Code, is amended by
inserting ``disaster-related emergency preparedness,''
after ``counterterrorism,''.
(2) Preference in transfers.--Subsection (d) of
such section is amended to read as follows:
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this
section, the Secretary shall give a preference to applications
indicating that the transferred property will be used in the
counterdrug, counterterrorism, disaster-related emergency
preparedness, or border security activities of the recipient
agency. Applications that request vehicles used for disaster-
related emergency preparedness, such as high-water rescue
vehicles, should receive the highest preference.''.
(b) Additional Conditions and Limitations.--
(1) Additional training of recipient agency
personnel required.--Subsection (b)(6) of section 2576a
of title 10, United States Code, is amended by
inserting before the period at the end the following:
``, including respect for the rights of citizens under
the Constitution of the United States and de-escalation
of force''.
(2) Certain property not transferrable.--Such
section is further amended--
(A) by redesignating subsections (e) and
(f) as subsections (f) and (g), respectively;
and
(B) by inserting after subsection (d) the
following new subsection (e):
``(e) Property Not Transferrable.--The Secretary may not
transfer to a Tribal, State, or local law enforcement agency
under this section the following:
``(1) Bayonets.
``(2) Grenades (other than stun and flash-bang
grenades).
``(3) Weaponized tracked combat vehicles.
``(4) Weaponized drones.''.
SEC. 1054. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT
CARRIERS BEFORE FIRST REFUELING.
Section 8062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) A nuclear powered aircraft carrier may not be retired
before its first refueling.''.
SEC. 1055. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM.
(a) National Oceanographic Partnership Program.--Section
8931 of title 10, United States Code, is amended to read as
follows:
``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
``(a) Establishment.--The Secretary of the Navy shall
establish a program to be known as the `National Oceanographic
Partnership Program'.
``(b) Purposes.--The purposes of the program are as
follows:
``(1) To promote the national goals of assuring
national security, advancing economic development,
protecting quality of life, ensuring environmental
stewardship, and strengthening science education and
communication through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic
efforts in support of those goals by--
``(A) creating and carrying out
partnerships among Federal agencies, academia,
industry, and other members of the
oceanographic community in the areas of
science, data, technology development,
resources, education, and communication; and
``(B) accepting, planning, and executing
oceanographic research projects funded by
grants, contracts, cooperative agreements, or
other vehicles as appropriate, that contribute
to assuring national security, advancing
economic development, protecting quality of
life, ensuring environmental stewardship, and
strengthening science education and
communication through improved knowledge of the
ocean.''.
(b) Ocean Policy Committee.--
(1) In general.--Section 8932 of such title is
amended--
(A) by striking subsections (a) through
(f);
(B) by inserting the following new
subsections (a) through (e):
``(a) Committee.--There is established an Ocean Policy
Committee (hereinafter referred to as the `Committee'). The
Committee shall retain broad and inclusive membership.
``(b) Responsibilities.--The Committee shall--
``(1) continue the activities of that Committee as
it was in existence on the day before the date of the
enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021;
``(2) engage and collaborate, pursuant to existing
laws and regulations, with stakeholders, including
regional ocean partnerships, to address ocean-related
matters that may require interagency or
intergovernmental solutions;
``(3) facilitate coordination and integration of
Federal activities in ocean and coastal waters to
inform ocean policy and identify priority ocean
research, technology, and data needs; and
``(4) prescribe policies and procedures to
implement the National Oceanographic Partnership
Program, including developing guidelines for review,
selection, identification, and approval of partnership
projects, in conjunction with Federal agencies
participating in the program, for implementation under
the program, based on--
``(A) whether the project addresses
important research objectives or operational
goals;
``(B) whether the project has, or is
designed to have, appropriate participation or
support from public, academic, commercial, and
private entities within the oceanographic
community;
``(C) whether the partners have a long-term
commitment to the objectives of the project;
``(D) whether the resources supporting the
project are shared among the partners;
``(E) whether the project has been
subjected to adequate scientific and technical
merit review according to each participating
agency; and
``(F) the approval of such guidelines by a
consensus of the members of the Committee.
``(c) Delegation of Responsibilities.--In discharging its
responsibilities in support of agreed-upon scientific needs,
and to assist in the execution of the responsibilities
described in subsection (b), the Committee may delegate
responsibilities to a subcommittee of the Committee, as the
Committee determines appropriate.
``(d) Annual Report and Briefing.--(1) Not later than March
1 of each year, the Committee shall--
``(A) make publicly available on an appropriate
website a report on the National Oceanographic
Partnership Program; and
``(B) provide to the appropriate congressional
committees a briefing on the contents of the report.
``(2) Not later than 30 days after providing a briefing
under paragraph (1)(B), the Committee shall make publicly
available on an appropriate website the briefing materials
covered by the briefing.
``(3) Each report and briefing shall include the following:
``(A) A description of activities of the National
Oceanographic Partnership Program carried out during
the fiscal year preceding the fiscal year during which
the report is published.
``(B) A general outline of the activities planned
for the program during the fiscal year during which the
report is published.
``(C) A summary of projects, partnerships, and
collaborations, including the Federal and non-Federal
sources of funding, continued from the fiscal year
preceding the fiscal year during which the report is
published and projects expected to begin during the
fiscal year during which the report is published and
any subsequent fiscal year, as required under
subsection (e)(4)(C).
``(D) The amounts requested in the budget submitted
to Congress pursuant to section 1105(a) of title 31 for
the fiscal year following the fiscal year during which
the report is published, for the programs, projects,
activities and the estimated expenditures under such
programs, projects, and activities, to execute the
National Oceanographic Partnership Program.
``(E) A summary of national ocean research
priorities informed by the Ocean Research Advisory
Panel, as required under section 8933(b)(4) of this
title.
``(F) A list of the members of the Ocean Research
Advisory Panel established under section 8933(a) of
this title and any working groups described in
subsection (e)(4)(A) in existence during the fiscal
years covered by the report.
``(e) Partnership Program Office.--(1) The Secretary of the
Navy and Administrator of the National Oceanic and Atmospheric
Administration shall jointly establish a partnership program
office for the National Oceanographic Partnership Program.
``(2) The Secretary of the Navy and Administrator of the
National Oceanic and Atmospheric Administration shall use
competitive procedures to select a non-Government entity to
manage the partnership program office.
``(3) The Committee shall monitor the management of the
partnership program office.
``(4) The partnership program office shall perform the
following duties:
``(A) Supporting working groups established by the
Committee or subcommittee and reporting to the
Committee and to any Federal agency that has
contributed amounts to the National Oceanographic
Partnership Program on the activities of such working
groups, including the proposals of such working groups
for partnership projects.
``(B) Supporting the process for proposing
partnership projects to the Committee and to the
agencies referred to in subparagraph (A), including,
where appropriate, managing review of such projects.
``(C) Submitting to the appropriate congressional
committees, and making publicly available, an annual
report on the status of all partnership projects,
including the Federal and non-Federal sources of
funding for each project, and activities of the office.
``(D) Performing such additional duties for the
administration of the National Oceanographic
Partnership Program that the Committee and the agencies
referred to in subparagraph (A) consider
appropriate.'';
(C) by redesignating subsections (g) and
(h) as subsections (f) and (g), respectively;
(D) in subsections (f) and (g), as so
redesignated, by striking ``Council'' each
place it appears and inserting ``Committee'';
(E) by inserting after subsection (g), as
so redesignated, the following new subsection
(h):
``(h) Appropriate Congressional Committees.--In this
section, the term `appropriate congressional committees'
means--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) the Committee on Armed Services of the
Senate;
``(3) the Committee on Appropriations of the
Senate;
``(4) the Committee on Natural Resources of the
House of Representatives;
``(5) the Committee on Science, Space, and
Technology of the House of Representatives;
``(6) the Committee on Armed Services of the House
of Representatives; and
``(7) the Committee on Appropriations of the House
of Representatives.''.
(2) Clerical amendments.--
(A) Section heading.--The heading for
section 8932 of title 10, United States Code,
is amended to read as follows:
``Sec. 8932. Ocean Policy Committee''.
(B) Table of sections.--The table of
sections at the beginning of chapter 893 of
title 10, United States Code, is amended by
striking the item relating to section 8932 and
inserting the following new item:
``8932. Ocean Policy Committee.''.
(c) Ocean Research Advisory Panel.--Section 8933 of such
title is amended to read as follows:
``Sec. 8933. Ocean Research Advisory Panel
``(a) Establishment.--(1) The Ocean Policy Committee shall
establish an Ocean Research Advisory Panel (in this section
referred to as the `Advisory Panel'). The Advisory Panel shall
consist of not fewer than 10 and not more than 18 members
appointed by the co-chairs of the Committee, including each of
the following:
``(A) Three members who represent the National
Academies of Sciences, Engineering, and Medicine.
``(B) Members selected from among individuals who
represent the views of ocean industries, State, tribal,
territorial or local governments, academia, and such
other views as the co-chairs consider appropriate.
``(C) Members selected from among individuals
eminent in the fields of marine science, marine
technology, and marine policy, or related fields.
``(2) The Committee shall ensure that an appropriate
balance of academic, scientific, industry, and geographical
interests and gender and racial diversity are represented by
the members of the Advisory Panel.
``(b) Responsibilities.--The Committee shall assign the
following responsibilities to the Advisory Panel:
``(1) To advise the Committee on policies and
procedures to implement the National Oceanographic
Partnership Program.
``(2) To advise the Committee on matters relating
to national oceanographic science, engineering,
facilities, or resource requirements.
``(3) To advise the Committee on improving
diversity, equity, and inclusion in the ocean sciences
and related fields.
``(4) To advise the Committee on national ocean
research priorities.
``(5) Any additional responsibilities that the
Committee considers appropriate.
``(c) Meetings.--The Committee shall require the Advisory
Panel to meet not less frequently than two times each year.
``(d) Administrative and Technical Support.--The
Administrator of the National Oceanic and Atmospheric
Administration shall provide to the Advisory Panel such
administrative and technical support as the Advisory Panel may
require.
``(e) Termination.--Notwithstanding section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.), the Advisory
Panel shall terminate on January 1, 2040.''.
SEC. 1056. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF
DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE
SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Authority.--Subsection (a) of section 1059 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended
to read as follows:
``(a) Authority.--
``(1) Provision of assistance.--
``(A) In general.--The Secretary of Defense
may provide assistance to United States Customs
and Border Protection for purposes of
increasing ongoing efforts to secure the
southern land border of the United States in
accordance with the requirements of this
section.
``(B) Requirements.--If the Secretary
provides assistance under subparagraph (A), the
Secretary shall ensure that the provision of
the assistance will not negatively affect
military training, operations, readiness, or
other military requirements.
``(2) Notification requirement.--Not later than 7
days after the date on which the Secretary approves a
request for assistance from the Department of Homeland
Security under paragraph (1), the Secretary shall
electronically transmit to the Committee on Armed
Services of the Senate and the Committee on Armed
Services and the Committee on Homeland Security of the
House of Representatives notice of such approval.''.
(b) Reporting Requirements.--Subsection (f) of such section
is amended to read as follows:
``(f) Reports.--
``(1) Report required.--At the end of each three-
month period during which assistance is provided under
subsection (a), the Secretary of Defense, in
coordination with the Secretary of Homeland Security,
shall submit to the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Armed Services and
the Committee on Homeland Security of the House of
Representatives a report that includes, for the period
covered by the report, each of the following:
``(A) A description of the assistance
provided.
``(B) A description of the Armed Forces,
including the reserve components, deployed as
part of such assistance, including an
identification of--
``(i) the members of the Armed
Forces, including members of the
reserve components, deployed, including
specific information about unit
designation, size of unit, and whether
any personnel in the unit deployed
under section 12302 of title 10, United
States Code;
``(ii) the projected length of the
deployment and any special pay and
incentives for which deployed personnel
may qualify during the deployment;
``(iii) any specific pre-deployment
training provided for such members of
the Armed Forces, including members of
the reserve components;
``(iv) the specific missions and
tasks, by location, that are assigned
to the members of the Armed Forces,
including members of the reserve
components, who are so deployed; and
``(v) the locations where units so
deployed are conducting their assigned
mission, together with a map showing
such locations.
``(C) A description of any effects of such
deployment on military training, operations,
readiness, or other military requirements.
``(D) The sources and amounts of funds
obligated or expended--
``(i) during the period covered by
the report; and
``(ii) during the total period for
which such support has been provided.
``(2) Form of report.--Each report submitted under
this subsection shall be submitted in unclassified
form, but may include a classified annex.''.
(c) Classification.--The Law Revision Counsel is directed
to move section 1059 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 986; 10
U.S.C. 271 note prec.), as amended by this section, to a note
following section 284 of title 10, United States Code.
SEC. 1057. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT.
(a) Limitation.--Except as provided under subsection (b),
none of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for any
fiscal year may be obligated or expended during fiscal year
2021 to divest or retire any A-10 aircraft.
(b) Exception.--The limitation under subsection (a) shall
not apply to any individual A-10 aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of a mishap or other damage or
because the aircraft is uneconomical to repair.
(c) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a
report on the progress made toward the A-10 re-wing contracts
and the progress made in re-winging some of the 283 A-10
aircraft that have not received new wings.
SEC. 1058. CONSIDERATIONS RELATING TO PERMANENTLY BASING UNITED STATES
EQUIPMENT OR ADDITIONAL FORCES IN HOST COUNTRIES
WITH AT-RISK VENDORS IN 5G OR 6G NETWORKS.
(a) In General.--Prior to basing a major weapon system or
additional permanently assigned forces comparable to or larger
than a battalion, squadron, or naval combatant in a host
country with at-risk 5th generation (in this section referred
to as ``5G'') or sixth generation (in this section referred to
as ``6G'') wireless network equipment, software, or services,
including supply chain vulnerabilities identified by the
Federal Acquisition Security Council, where United States
military personnel and their families will be directly
connected or subscribers to networks that include such at-risk
equipment, software, and services in their official duties or
in the conduct of personal affairs, the Secretary of Defense
shall take into consideration the risks to personnel,
equipment, and operations of the Department of Defense in the
host country posed by current or intended use by such country
of 5G or 6G telecommunications architecture provided by at-risk
vendors, including Huawei and ZTE, and any steps to mitigate
those risks, including--
(1) any steps being taken by the host country to
mitigate any potential risks to the weapon systems,
military units, or personnel, and the Department of
Defense's assessment of those efforts;
(2) any steps being taken by the United States
Government, separately or in collaboration with the
host country, to mitigate any potential risks to the
weapon systems, permanently deployed forces, or
personnel;
(3) any defense mutual agreements between the host
country and the United States intended to allay the
costs of risk mitigation posed by the at-risk
infrastructure; and
(4) any other matters the Secretary determines to
be relevant.
(b) Applicability.--The requirements under subsection (a)--
(1) apply with respect to the permanent long-term
stationing of equipment and permanently assigned
forces; and
(2) do not apply with respect to the short-term
deployment or rotational presence of equipment or
forces to a military installation outside the United
States in connection with any exercise, dynamic force
employment, contingency operation, or combat operation.
(c) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report that contains an assessment of--
(A) the risk to personnel, equipment, and
operations of the Department of Defense in host
countries posed by the current or intended use
by such countries of 5G or 6G
telecommunications architecture provided by at-
risk vendors, including Huawei and ZTE; and
(B) measures required to mitigate the risk
described in paragraph (1).
(2) Form.--The report required by paragraph (1)
shall be submitted in a classified form with an
unclassified summary.
(d) Major Weapon System Defined.--In this section, the term
``major weapon system'' has the meaning given that term in
section 2379(f) of title 10, United States Code.
SEC. 1059. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE
PROPOSALS.
Not later than 21 days after the transmission to the
Committee on Armed Services of the Senate or the Committee on
Armed Services of the House of Representatives of any official
Department of Defense legislative proposal, the Secretary of
Defense shall make publicly available on a website of the
Department such legislative proposal, including any bill text
and section-by-section analysis associated with the proposal.
SEC. 1060. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT.
(a) Arctic Planning and Implementation.--
(1) In general.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall continue
assessing potential multi-domain risks in the Arctic,
identifying capability and capacity gaps in the current
and projected force, and planning for and implementing
the training, equipping, and doctrine requirements
necessary to mitigate such risks and gaps.
(2) Training.--In carrying out paragraph (1), the
Secretary may direct the Armed Forces to conduct
training in the Arctic or training relevant to military
operations in the Arctic.
(b) Arctic Research and Development Program.--
(1) In general.--If the Secretary of Defense
determines that there are capability or capacity gaps
for the Armed Forces in the Arctic, the Secretary may
conduct research and development on the current and
future requirements and needs of the Armed Forces for
operations in the Arctic.
(2) Elements.--Research and development conducted
under paragraph (1) may include the following:
(A) Development of doctrine to address any
identified gaps, including the study of
existing doctrine of partners and allies of the
United States.
(B) Development of materiel solutions for
operating in extreme weather environments of
the Arctic, including equipment for individual
members of the Armed Forces, ground vehicles,
and communications systems.
(C) Development of a plan for fielding
future weapons platforms able to operate in
Arctic conditions.
(D) Development of capabilities to monitor,
assess, and predict environmental and weather
conditions in the Arctic and the effect of such
conditions on military operations.
(E) Determining requirements for logistics
and sustainment of the Armed Forces operating
in the Arctic.
SEC. 1061. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER
PACIFIC IN THE INDO-PACIFIC REGION.
(a) Authority To Establish.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize--
(A) the establishment of a Movement
Coordination Center Pacific (in this section
referred to as the ``Center''); and
(B) the participation of the Department of
Defense in an Air Transport and Air-to-Air
refueling and other Exchanges of Services
program (in this section referred to as the
``ATARES program'') of the Center.
(2) Scope of participation.--Participation in the
ATARES program under paragraph (1)(B) shall be limited
to the reciprocal exchange or transfer of air
transportation and air refueling services on a
reimbursable basis or by replacement-in-kind or the
exchange of air transportation or air refueling
services of an equal value with foreign militaries.
(3) Limitations.--The Department of Defense's
balance of executed transportation hours, whether as
credits or debits, in participation in the ATARES
program under paragraph (1)(B) may not exceed 500
hours. The Department of Defense's balance of executed
flight hours for air refueling in the ATARES program
under paragraph (1)(B) may not exceed 200 hours.
(b) Written Arrangement or Agreement.--
(1) Arrangement or agreement required.--The
participation of the Department of Defense in the
ATARES program under subsection (a) shall be in
accordance with a written arrangement or agreement
entered into by the Secretary of Defense, with the
concurrence of the Secretary of State.
(2) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the
ATARES program, the written arrangement or agreement
under paragraph (1) shall specify the details of any
equitable cost-sharing or other funding arrangement.
(3) Other elements.--Any written arrangement or
agreement entered into under paragraph (1) shall
require that any accrued credits and liabilities
resulting from an unequal exchange or transfer of air
transportation or air refueling services shall be
liquidated, not less than once every 5 years, through
the ATARES program.
(c) Implementation.--In carrying out any written
arrangement or agreement entered into under subsection (b), the
Secretary of Defense may--
(1) pay the Department of Defense's equitable share
of the operating expenses of the Center and the ATARES
program from funds available to the Department of
Defense for operation and maintenance; and
(2) assign members of the Armed Forces or
Department of Defense civilian personnel, within
billets authorized for the United States Indo-Pacific
Command, to duty at the Center as necessary to fulfill
the obligations of the Department of Defense under that
arrangement or agreement.
SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER
EDUCATION HOSTING CONFUCIUS INSTITUTES.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated or otherwise made
available for any fiscal year for the Department of Defense may
be provided to an institution of higher education that hosts a
Confucius Institute, other than amounts provided directly to
students as educational assistance.
(b) Waiver.--
(1) In general.--The Secretary of Defense may waive
the limitation under subsection (a) with respect to an
institution of higher education if the Secretary, after
consultation with the National Academies of Sciences,
Engineering, and Medicine, determines such a waiver is
appropriate.
(2) Management process.--If the Secretary issues a
waiver under paragraph (1), the academic liaison
designated pursuant to subsection (g) of section 1286
of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note), as
amended by section 1299C of this Act, shall manage the
waiver process on behalf of the Secretary.
(c) Effective Date.--The limitation under subsection (a)
shall apply with respect to the first fiscal year that begins
after the date that is 24 months after the date of the
enactment of this Act and to any subsequent fiscal year.
(d) Definitions.--In this section:
(1) The term ``Confucius Institute'' means a
cultural institute directly or indirectly funded by the
Government of the People's Republic of China.
(2) The term ``institution of higher education''
has the meaning given such term in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002).
SEC. 1063. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2021 for the Department of Defense, the Secretary
of Defense may contribute $5,000,000 to support the National
Maritime Heritage Grants Program established under section
308703 of title 54, United States Code.
SEC. 1064. REQUIREMENTS FOR USE OF FEDERAL LAW ENFORCEMENT PERSONNEL,
ACTIVE DUTY MEMBERS OF THE ARMED FORCES, AND
NATIONAL GUARD PERSONNEL IN SUPPORT OF FEDERAL
AUTHORITIES TO RESPOND TO CIVIL DISTURBANCES.
(a) In General.--Chapter 41 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 723. Support of Federal authorities in response to civil
disturbances: requirement for use of members of the
Armed Forces and Federal law enforcement personnel
``(a) Requirement.--Whenever a member of the armed forces
(including the National Guard) or Federal law enforcement
personnel provide support to Federal authorities to respond to
a civil disturbance, each individual employed in the capacity
of providing such support shall visibly display--
``(1) the individual's name or other individual
identifier that is unique to that individual; and
``(2) the name of the armed force, Federal entity,
or other organization by which such individual is
employed.
``(b) Exception.--The requirement under subsection (a)
shall not apply to individuals referred to in such subsection
who--
``(1) do not wear a uniform or other distinguishing
clothing or equipment in the regular performance of
their official duties; or
``(2) are engaged in undercover operations in the
regular performance of their official duties.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``723. Support of Federal authorities in response to civil disturbances:
requirement for use of members of the Armed Forces and Federal
law enforcement personnel.''.
Subtitle F--Studies and Reports
SEC. 1071. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES.
(a) In General.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development
corporation under which such corporation shall conduct a study
of the responsibilities, authorities, policies, programs,
resources, organization, and activities of the explosive
ordnance disposal agencies of the Department of Defense,
Defense Agencies, and military departments. In carrying out the
study, the federally funded research and development
corporation shall solicit input from relevant nonprofit
organizations, such as the National Defense Industrial
Association EOD Committee, the United States Army EOD
Association, the United States Bomb Technician Association, and
the EOD Warrior Foundation.
(b) Elements of Study.--The study conducted under
subsection (a) shall include, for the Department of Defense,
each Defense Agency, and each of the military departments, each
of the following:
(1) An identification and evaluation of--
(A) technology research, development, and
acquisition activities related to explosive
ordnance disposal, including an identification
and evaluation of--
(i) current and future technology
and related industrial base gaps; and
(ii) any technical or operational
risks associated with such technology
or related industrial base gaps;
(B) recruiting, training, education,
assignment, promotion, and retention of
military and civilian personnel with
responsibilities relating to explosive ordnance
disposal;
(C) administrative and operational force
structure with respect to explosive ordnance
disposal, including an identification and
assessment of risk associated with force
structure capacity or capability gaps, if any;
and
(D) the demand for, and activities
conducted in support of, domestic and
international military explosive ordnance
disposal operations, including--
(i) support provided to Department
of Defense agencies and other Federal
agencies; and
(ii) an identification and
assessment of risk associated with the
prioritization and availability of
explosive ordnance disposal support
among supported agencies and
operations.
(2) Recommendations, if any, for changes to--
(A) the organization and distribution of
responsibilities and authorities relating to
explosive ordnance disposal;
(B) the explosive ordnance disposal force
structure, management, prioritization, and
operating concepts in support of the explosive
ordnance disposal requirements of the Armed
Forces and other Federal agencies; and
(C) resource investment strategies and
technology prioritization for explosive
ordnance disposal, including science and
technology, prototyping, experimentation, test
and evaluation, and related 5-year funding
profiles.
(c) Report to Congress.--
(1) In general.--Not later than December 31, 2021,
the Secretary of Defense shall submit to the
congressional defense committees a report on the study
conducted under subsection (a). Such report shall
include the comments on the study, if any, of the
Secretary of Defense, the directors of each of the
Defense Agencies, and the Secretaries of each of the
military departments.
(2) Form of report.--The report submitted under
paragraph (1) shall be submitted in unclassified form,
but may contain a classified annex.
SEC. 1072. STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION.
(a) Study Required.--The Secretary of Defense shall provide
for the performance of a study on the force structure for
Marine Corps aviation through 2030.
(b) Responsibility for Study.--The Secretary shall select
one of the following types of entities to perform the study
pursuant to subsection (a):
(1) An appropriate Federally funded research and
development center.
(2) An appropriate organization described in
section 501(c)(3) of the Internal Revenue Code of 1986
which is exempt from taxation under section 501(a) of
such code.
(c) Matters To Be Considered.--In performing the study
pursuant to subsection (a), the entity performing the study
shall take into account, within the context of the current
force structure for Marine Corps aviation, the following:
(1) The 2018 National Defense Strategy and the 2018
National Military Strategy.
(2) The Marine Corps Force Design 2030.
(3) Potential roles and missions for Marine Corps
aviation given new operating concepts for the Marine
Corps.
(4) The potential for increased requirements for
survivable and dispersed strike aircraft.
(5) The potential for increased requirements for
tactical or intratheater lift, amphibious lift, or
surface connectors.
(d) Study Results.--The results of the study performed
pursuant to subsection (a) shall include the following:
(1) The various force structures for Marine Corps
aviation through 2030 considered under such study,
together with the assumptions and possible scenarios
identified for each such force structure.
(2) A recommendation for the force structure for
Marine Corps aviation through 2030, including the
following in connection with such force structure:
(A) Numbers and type of aviation assets,
numbers and types of associated unmanned
assets, and basic capabilities of each such
asset.
(B) A description and assessment of the
deviation of such force structure from the most
recent Marine Corps Aviation Plan.
(C) Any other information required for
assessment of such force structure, including
supporting analysis.
(3) A presentation and discussion of minority views
among participants in such study.
(e) Report.--
(1) In general.--Not later than September 1, 2021,
the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the results of the study performed pursuant to
subsection (a).
(2) Form.--The report under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC
REGION.
(a) Report.--Not later than March 15, 2021, the Secretary
of Defense, in coordination with the Chairman of the Joint
Chiefs of Staff, the Commander of United States Indo-Pacific
Command, and the head of each of the military departments,
shall submit to the congressional defense committees a report
containing a plan to integrate combined, joint, and multi-
domain training and experimentation in the Pacific region,
including existing and future ranges, training areas, and test
facilities, to achieve the following objectives:
(1) Support future combined and joint exercises and
training to test operational capabilities and weapon
systems.
(2) Employ multi-domain training to validate joint
operational concepts.
(3) Integrate allied and partner countries into
national-level exercises.
(4) Build and sustain United States military
readiness.
(b) Matters.--The report under subsection (a) shall address
the following:
(1) Integration of cyber, space, and
electromagnetic spectrum domains.
(2) Mobile and fixed range instrumentation packages
for experimentation and training.
(3) Digital, integrated command and control for air
defense systems.
(4) Command, control, communications, computer, and
information systems.
(5) War gaming, modeling, and simulations packages.
(6) Intelligence support systems.
(7) Manpower management, execution, collection, and
analysis required for the incorporation of space and
cyber activities into the training range exercise plan
contained in the report.
(8) Connectivity requirements to support all domain
integration and training.
(9) Any training range upgrades or infrastructure
improvements necessary to integrate legacy training and
exercise facilities into integrated, operational sites.
(10) Exercises led by the United States Indo-
Pacific Command, within the area of operations of the
Command, that integrate allied and partnered countries
and link to the national-level exercises of the United
States.
(11) Incorporation of any other functional and
geographic combatant commands required to support the
United States Indo-Pacific Command.
(12) Incorporation of concepts related to the Joint
Warfighting Concept, as applicable.
(13) The plan, resource requirements, and any
additional authorities needed through fiscal year 2031
to achieve the objectives referred to in subsection
(a).
(c) Form.--The report under subsection (a) may be submitted
in classified form, and shall include an unclassified summary.
SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL
UNMANNED AIRCRAFT SYSTEMS WORLDWIDE.
(a) Strategy to Counter Threats From Small Unmanned
Aircraft Systems.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Army, as the
Department of Defense executive agent for the Department of
Defense counter-small unmanned aircraft systems program, shall
develop and submit to Congress a strategy to effectively
counter threats from small unmanned aircraft systems worldwide.
The strategy shall be submitted in classified form.
(b) Report on Executive Agent Activities.--
(1) Report required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
the Army shall submit to Congress a report on the
counter-small unmanned aircraft systems program.
(2) Elements.--The report required by paragraph (1)
shall include each of the following:
(A) A description and assessment of the
structure and activities of the Secretary of
the Army as the executive agent for the
counter-small unmanned aircraft systems
program, including the following:
(i) Any obstacles hindering the
effective discharge of its functions
and activities, including limitations
in authorities or policy.
(ii) The changes, if any, to
airspace management, rules of
engagement, and training plans that are
required in order to optimize the use
by the Armed Forces of counter-small
unmanned aircraft systems.
(B) An assessment of the implementation of
the strategy required by subsection (a), and a
description of any updates to the strategy that
are required in light of evolving threats to
the Armed Forces from small unmanned aircraft
systems.
(c) Report on Threat From Small Unmanned Aircraft
Systems.--
(1) Report required.--Not later than 180 days after
the submittal of the strategy required by subsection
(a), the Secretary of Defense shall submit to the
appropriate committees of Congress a report that sets
forth a direct comparison between the threats United
States forces in combat settings face from small
unmanned aircraft systems and the capabilities of the
United States to counter such threats. The report shall
be submitted in classified form.
(2) Coordination.--The Secretary shall prepare the
report required by paragraph (1) in coordination with
the Director of the Defense Intelligence Agency and
with such other appropriate officials of the
intelligence community, and such other officials in the
United States Government, as the Secretary considers
appropriate.
(3) Elements.--The report required by paragraph (1)
shall include the following:
(A) An evaluation and assessment of the
current and evolving threat to United States
forces from small unmanned aircraft systems.
(B) A description of the counter-small
unmanned aircraft systems acquired by the
Department of Defense as of the date of the
enactment of this Act, and an assessment
whether such systems are adequate to meet the
current and evolving threat described in
subparagraph (A).
(4) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate;
and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(d) Independent Assessment of Counter-Small Unmanned
Aircraft Systems Program.--
(1) Assessment.--Not later than 60 days after the
submittal of the strategy required by subsection (a),
the Secretary of Defense shall seek to enter into a
contract with a federally funded research and
development center to conduct an assessment of the
efficacy of the counter-small unmanned aircraft systems
program.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following:
(A) An identification of metrics to assess
progress in the implementation of the strategy
required by subsection (a), which metrics shall
take into account the threat assessment
required for purposes of subsection (c).
(B) An assessment of progress, and key
challenges, in the implementation of the
strategy using such metrics, and
recommendations for improvements in the
implementation of the strategy.
(C) An assessment of the extent to which
the Department of Defense is coordinating
adequately with other departments and agencies
of the United States Government, and other
appropriate entities, in the development and
procurement of counter-small unmanned aircraft
systems for the Department.
(D) An assessment of the extent to which
the designation of the Secretary of the Army as
the executive agent for the counter-small
unmanned aircraft systems program has reduced
redundancies and increased efficiencies in
procurement of counter-small unmanned aircraft
systems.
(E) An assessment whether United States
technological progress on counter-small
unmanned aircraft systems is sufficient to
maintain a competitive edge over the small
unmanned aircraft systems technology available
to United States adversaries.
(3) Report.--Not later than 180 days after entering
into the contract referred to in paragraph (1), the
Secretary shall submit to the congressional defense
committees a report setting forth the results of the
assessment required under the contract.
SEC. 1075. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS ON
IMPROVING THE BUDGET JUSTIFICATION AND RELATED
MATERIALS OF THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than April 1 of each of
2021 through 2025, the Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees a report
on the following matters:
(1) Modernization of covered materials, including
the following:
(A) Updating the format of such materials
in order to account for significant
improvements in document management and data
visualization.
(B) Expanding the scope and quality of data
included in such materials.
(2) Streamlining of the production of covered
materials within the Department of Defense.
(3) Transmission of covered materials to Congress.
(4) Availability of adequate resources and
capabilities to permit the Department to integrate
changes to covered materials together with its
submittal of current covered materials.
(5) Promotion of the flow between the Department
and the congressional defense committees of other
information required by Congress for its oversight of
budgeting for the Department and the future-years
defense programs.
(b) Covered Materials Defined.--In this section, the term
``covered materials'' means the following:
(1) Materials submitted in support of the budget of
the President for a fiscal year under section 1105(a)
of title 31, United States Code.
(2) Materials submitted in connection with the
future-years defense program for a fiscal year under
section 221 of title 10, United States Code.
SEC. 1076. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL
EFFORT.
(a) In General.--During the period beginning on October 1,
2021, and ending on October 1, 2024, the Vice Chairman of the
Joint Chiefs of Staff, the Chief Information Officer of the
Department of Defense, and a senior military service
representative for each of the Armed Forces shall provide to
the Committees on Armed Services of the Senate and House of
Representatives quarterly briefings on the progress of the
Department's Joint All Domain Command and Control (in this
section referred to as ``JADC2'') effort.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the JADC2 effort, the following
elements:
(1) The status of the joint concept of command and
control.
(2) How the JADC2 effort is identifying gaps and
addressing validated requirements based on the joint
concept of command and control.
(3) Progress in developing specific plans to
evaluate and implement materiel and non-materiel
improvements to command and control capabilities.
(4) Clarification on distribution of
responsibilities and authorities within the Cross
Functional Team, the Armed Forces, and the Office of
the Secretary of Defense with respect to JADC2, and how
the Armed Forces, the Cross Functional Team, and the
Office of the Secretary of Defense are synchronizing
and aligning with joint and military concepts,
solutions, experimentation, and exercises.
(5) The status of and review of any recommendations
for resource allocation necessary to achieve
operational JADC2.
(6) A sufficiency assessment of planned funding
across the future years defense program for the
development of JADC2 capabilities.
SEC. 1077. REPORT ON CIVILIAN CASUALTY RESOURCING AND AUTHORITIES.
(a) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements in section 936 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 116-92; 10 U.S.C. 134 note).
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
current resources and authorities applied to civilian casualty
mitigation, investigation, and response and an articulation of
what, if any, additional resources or authorities will be
necessary to fully implement 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 116-
92; 10 U.S.C. 134 note).
(c) Elements.--The report required under subsection (b)
shall include the following:
(1) An accounting of the number of personnel at
each combatant command, the Joint Staff, and Office of
the Secretary of Defense who, as of the date of the
enactment of this Act, are either exclusively or
partially dedicated to--
(A) assessing, investigating, accounting
for, and responding to allegations of civilian
casualties resulting from United States
military operations;
(B) incorporating civilian casualty
mitigation efforts into operational plans and
activities;
(C) building partner capacity for
mitigating civilian casualties; or
(D) any other relevant matters.
(2) An estimate of the number of personnel
projected to be required during the three-year period
beginning on the date of the enactment of this Act by
each combatant command, the Joint Staff, and Office of
the Secretary of Defense to--
(A) assess, investigate, account for, and
respond to allegations of civilian casualties
resulting from United States military
operations;
(B) incorporate civilian casualty
mitigation efforts into operational plans and
activities;
(C) build partner capacity for mitigating
civilian casualties; and
(D) perform any other relevant functions.
(3) A description of any specialized information
technology equipment, support and maintenance, and data
storage capabilities used by the Department of Defense
as of the date of the enactment of this Act to--
(A) receive allegations of, assess,
investigate, account for, and respond to
allegations of civilian casualties resulting
from United States military operations;
(B) incorporate civilian casualty
mitigation efforts into operational plans and
activities; and
(C) perform any other relevant functions.
(4) An estimate of the projected costs during the
three-year period beginning on the date of the
enactment of this Act of any specialized information
technology equipment, support and maintenance, and data
storage capabilities to--
(A) receive allegations of, assess,
investigate, account for, and respond to
allegations of civilian casualties resulting
from United States military operations;
(B) incorporate civilian casualty
mitigation efforts into operational plans and
activities; and
(C) perform any other relevant functions.
(5) An identification of relevant statutory
authorities used by the Department, as of the date of
the enactment of this Act, to investigate, account for,
and respond to allegations of civilian casualties
resulting from United States military operations.
(6) A detailed description of any additional
changes to the personnel, resources, and authorities of
the Department necessary to fully implement 936 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 116-92; 10 U.S.C. 134
note) in future years.
(7) Any other matters determined relevant by the
Secretary of Defense.
(d) Public Availability of Report.--Not later than 45 days
after the report required under subsection (b) is submitted to
the congressional defense committees, the Secretary of Defense
shall make the report publicly available on an appropriate
website of the Department of Defense.
SEC. 1078. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE EFFORTS
TO PREVENT RESALE OF GOODS MANUFACTURED BY FORCED
LABOR IN COMMISSARIES AND EXCHANGES.
(a) Review Required.--The Comptroller General of the United
States shall conduct a review of the policies and processes of
the Department of Defense governing the purchase of goods for
resale in the commissaries and exchanges of the Department that
are produced in, or imported from, areas where forced labor may
be used, including the Xinjiang Uyghur Autonomous Region of
China.
(b) Elements of Review.--The review required under
subsection (a) shall include the following:
(1) The laws, regulations, and departmental
policies governing the purchase of imported goods by
the Department of Defense as part of the retail supply
chains of the Department.
(2) The extent to which the Department has
processes in place to prevent goods produced or
manufactured by forced labor from being resold in
commissaries and exchanges of the Department.
(3) The kinds of information obtained from
suppliers to such commissaries and exchanges regarding
the source of goods or the use of forced labor to
produce goods.
(4) The extent to which the Department coordinates
with other Federal agencies on matters pertaining to
the importation and resale of goods produced by forced
labor.
(5) Any other relevant matters as determined by the
Comptroller General.
(c) Briefing and Report.--
(1) Briefing.--Not later than June 1, 2021, the
Comptroller General shall provide to the Committees on
Armed Services of the Senate and House of
Representatives a briefing on the review required under
subsection (a).
(2) Report.--No later than December 1, 2021, the
Comptroller General shall submit to such committees a
report on such review, which shall contain each of the
elements under subsection (b).
SEC. 1079. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Comptroller General Analysis.--Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report containing an analysis of the
processes of the Department of Defense for responding to
congressional reporting requirements.
(b) Criteria for Evaluation.--The analysis required under
subsection (a) shall include an evaluation of funding and
changes to policies and business practices by the Department
for improving the effectiveness, efficiency, and public
transparency of the compliance of the Department with
congressional reporting requirements.
(c) Contents of Report.--The report required by subsection
(a) shall include each of the following:
(1) A review of--
(A) current laws, guidance, policies for
Department of Defense compliance with
congressional reporting requirements;
(B) recent direction from the congressional
defense committees concerning how the
Department designs, modifies, tracks, delivers,
and inventories completed reports; and
(C) the response of the Department of
Defense to the plan required by section 874 of
the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1906).
(2) An evaluation of the cost and effectiveness
of--
(A) the existing processes the Department
of Defense uses to track and respond to
congressional reporting requirements; and
(B) the ongoing modernization efforts
referred to in subparagraphs (B) and (C) of
paragraph (1), including--
(i) the design, development, and
fielding of efforts to modernize
existing report tracking systems;
(ii) the potential for system-level
access solutions; and
(iii) the standardization of
report-related data, including types of
reporting requirements.
(3) An analysis of further options for modernizing
the preparation and coordination process for required
reports and other written correspondence from the
Department of Defense to the congressional defense
committees. Such analysis shall include--
(A) the coordination of Department of
Defense business practices and internal
policies with legislative processes; and
(B) the feasibility of the Department of
Defense, the Government Publishing Office, or
another Federal Government entity maintaining a
consolidated online public database for
unclassified reports submitted after the date
of the enactment of this Act pursuant to a
congressional reporting requirement that
includes, for each report in the database--
(i) a copy of the report;
(ii) the deadline on which the
report was required to be submitted to
Congress;
(iii) the date on which the report
was transmitted;
(iv) the total cost associated with
the report; and
(v) a brief summary of the report,
including a citation to the legislative
text requiring the report.
(d) Congressional Reporting Requirement Defined.--In this
section. the term ``congressional reporting requirement'' means
a requirement that the Secretary of Defense, or any element or
official of the Department of Defense, submit to Congress, or
to a committee of Congress, an unclassified report or briefing
by reason of--
(1) any provision of title 10, United States Code;
(2) a provision of any National Defense
Authorization Act;
(3) a provision of a statement of managers that
accompanied the conference report for any National
Defense Authorization Act; or
(4) a provision of a committee report that
accompanied a version of any National Defense
Authorization Act, as reported by the Committee on
Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the
beginning of part I of such subtitle, are each amended
by inserting before the item relating to chapter 20 the
following new item:
``19. Cyber Matters..............................................391.''.
(2) The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the
beginning of part IV of such subtitle, are each amended
by inserting after the item relating to chapter 112 the
following new item:
``113. Defense Civilian Training Corps.........................2200g.''.
(3) The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the
beginning of part IV of such subtitle, are each amended
by striking the item relating to chapter 140 and
inserting the following new item:
``140. Procurement of Commercial Products and Commercial Service2375.''.
(4)(A) The section designation of each section in
chapter 113 of title 10, United States Code, is amended
by striking ``sec.'' and inserting ``Sec. ''.
(B) Each corresponding item in the table of
sections at the beginning of such chapter is amended by
striking ``Sec.'', other than where it appears
preceding the item relating to section 2200g.
(5) Section 101(a)(13)(B) is amended by striking
``section 712'' and inserting ``section 3713''.
(6) Section 118(3) is amended by inserting ``and''
after ```materiel and operational capability',''.
(7) Subsection (g) of section 127e, as redesignated
by section 1051, is amended by striking ``Low-
Intensity'' and inserting ``Low Intensity''.
(8) Section 130i is amended--
(A) in subsection (i)(1), by striking ``of
subsection'' and all that follows through
``shall'' and insert ``of subsection (j)(3)(C)
shall''; and
(B) in subsection (j)(6), by adding a
period at the end.
(9) Section 142 is amended--
(A) by striking subsection (d); and
(B) by redesignating the second subsection
(c) as subsection (d).
(10) Section 171a(i)(1) is amended by striking
``Acquisitions'' and inserting ``Acquisition''.
(11) Section 192(c) is amended by striking the
first paragraph (1).
(12) Section 222a(d)(1)(C)(i) is amended by
inserting ``had'' before ``been''.
(13) Section 231 is amended--
(A) by striking ``quadrennial defense
review'' each place it appears and inserting
``national defense strategy''; and
(B) in subsection (f)(3), by striking
``section 118'' and inserting ``section
113(g)''.
(14) Section 240b(b)(1)(B) is amended--
(A) in clause (ix), by striking
``suhsection'' and inserting ``subsection'';
and
(B) in clause (xii), by inserting ``of''
after ``identification''.
(15) Section 393(b)(2)(D) is amended by striking
``of Defense'' and all that follows through the period
and inserting ``of Defense for Intelligence and
Security''.
(16) Section 397(b)(5) is amended by striking
``Persons'' and inserting ``persons''.
(17) Section 430(b)(1) is amended by inserting
``and Security'' after ``for Intelligence''.
(18) Section 617(d) is amended by striking
``section 616(g)'' and inserting ``section 616(h)''.
(19) The table of sections at the beginning of
chapter 41 is amended--
(A) in the item relating to section 715 by
inserting a period at the end; and
(B) by moving the item relating to section
714 so that it appears immediately after the
item relating to section 713.
(20) The table of sections at the beginning
subchapter VII of chapter 47 is amended by striking the
item relating to section 837 (article 37) and inserting
the following:
``837. 37. Command influence.''.
(21) Section 991(a)(4)(A) is amended by striking
``The amount.'' and inserting ``The amount''.
(22) Section 1044e is amended by striking
``subsection (h)'' each place it appears and inserting
``subsection (i)''.
(23) The table of sections at the beginning of
chapter 54 is amended by inserting after the item
relating to section 1064 the following:
``1065. Use of commissary stores and MWR facilities: certain veterans
and caregivers for veterans.''.
(24) Section 1073c(a) is amended--
(A) by redesignating the second paragraph
(6) as paragraph (4); and
(B) by moving paragraph (4) (as
redesignated by subparagraph (A)) so as to
appear before paragraph (5).
(25) Section 1079(q) is amended by striking
``section 1074g(h)'' and inserting ``section
1074g(i)''.
(26) The table of sections at the beginning of
chapter 58 is amended by striking the item relating to
section 1142 and inserting the following:
``1142. Preseparation counseling; transmittal of certain records to
Department of Veterans Affairs.''.
(27) Section 1475(a)(4) is amended by striking
``or; or'' and inserting ``or''.
(28) Section 1553(d)(1)(B) is amended by striking
``in based'' and inserting ``is based''.
(29) Section 1564(c)(2) is amended in the matter
preceding subparagraph (A) by striking ``in an'' and
inserting ``is an''.
(30) The table of sections at the beginning of
subchapter I of chapter 87 is amended by striking the
item relating to section 1702 and inserting the
following new item:
``1702. Under Secretary of Defense for Acquisition and Sustainment:
authorities and responsibilities.''.
(31) Section 1701(a) is amended--
(A) in subsection (b)(6), by striking the
period at the end and inserting a semicolon;
and
(B) in subsection (c), by striking the
paragraph headings for paragraphs (1) and (2).
(32) Section 1746(b)(3)(A) is amended by striking
the second semicolon that appears before ``and'' at the
end.
(33) Section 1784(h)(5) is amended by striking
``expire'' and inserting ``expires''.
(34) Section 2004 is amended in subsections (d) and
(e) by striking ``enlistment'' both places it appears
and inserting ``enlisted''.
(35) The table of sections at the beginning of
chapter 135 is amended by striking the item relating to
section 2279c.
(36) Section 2339a(b)(1) is amended by inserting
``and Security'' after ``for Intelligence''.
(37) Section 2358b(a)(2) is amended by striking
``to accelerate'' and inserting ``accelerate''.
(38) The table of sections at the beginning of
chapter 142 is amended by striking the item relating to
section 2417 and inserting the following:
``2417. Administrative and other costs.''.
(39) The table of sections at the beginning of
chapter 152 is amended by striking the item relating to
section 2568a and inserting the following:
``2568a. Damaged personal protective equipment: award to members
separating from the Armed Forces and veterans.''.
(40) Section 2409a(c)(3) is amended by striking
``Stat. 664,'' and inserting ``50 Stat. 664;''.
(41) Section 2417(2) is amended by striking
``entities -'' and inserting ``entities--''.
(42) Section 2583(g)(2)(A) is amended by inserting
``or'' after the semicolon.
(43) Section 2641b(a)(3)(B) is amended by striking
``subsection (c)(5)'' and inserting ``subsection
(c)(6)''.
(44) Section 2804(b) is amended in the third
sentence by striking ``; and''.
(45) Section 8680(a)(2)(C)(ii) is amended, in the
matter preceding subclause (I), by striking the period
after the dash.
(46) Section 8749(a) is amended by striking
``alcohol tests'' and inserting ``alcohol test''.
(47) The tables of chapters at the beginning of
subtitle D and part I of such subtitle are each amended
by striking the period at the end of the item relating
to chapter 908.
(b) Title 38, United States Code.--Section 1967(a)(3)(D) of
title 38, United States Code, is amended in the matter
preceding clause (i) by inserting a comma after ``theater of
operations''.
(c) NDAA for Fiscal Year 2020.--Effective as of December
20, 2020, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) is amended as follows:
(1) Section 234(f)(1) (10 U.S.C. 2164 note) is
amended by striking ``the a'' and inserting ``a''.
(2) Section 540B(b)(4) (10 U.S.C. 1561 note; 133
Stat. 1365) is amended by striking ``their their'' and
inserting ``their''.
(3) Section 821 (133 Stat. 1490) is amended by
inserting ``Carl Levin and Howard P. `Buck' McKeon''
before ``National Defense Authorization Act for Fiscal
Year 2015''.
(4) Section 861(i)(2) (10 U.S.C. 1761 prec.; 133
Stat. 1519) is amended by striking ``subchapter II''
and inserting ``subchapter V''.
(5) Section 1009(c) (133 Stat. 1576; 10 U.S.C. 240b
note) is amended by striking ``a reporting'' and
inserting ``a report''.
(6) Section 1631(i)(1) (133 Stat. 1745) is amended
by striking ``foreign person'' and inserting ``foreign
power''.
(7) Section 1647(b)(3)(A) is amended by striking
``by used'' and inserting ``be used''.
(8) Section 1731(a)(2) (133 Stat. 1812; 10 U.S.C.
101 prec.) is amended by striking ``part I'' and
inserting ``part III''.
(9) Section 2801(b)(2) (133 Stat. 1881) is amended
by inserting ``subchapter I of'' before ``chapter
169''.
(d) NDAA for Fiscal Year 2019.--Effective as of August 13,
2018, and as if included therein as enacted, the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) is amended as follows:
(1) Section 154(a)(1) (10 U.S.C. 2302 note) is
amended by striking ``of an'' and inserting ``of''.
(2) Section 226(b)(3)(C) (132 Stat. 1686) is
amended by striking ``commercial-off the-shelf'' and
inserting ``commercially available off-the-shelf items
(as defined in section 104 of title 41, United States
Code) that may serve as''.
(3) Section 809(b)(3) (132 Stat. 1840) is amended
by striking ``Section 598(d)(4) of the National Defense
Authorization Act of for Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 1561 note)'' and inserting ``Section
563(d)(4) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 10 U.S.C. 1561 note)''.
(4) Section 836 (132 Stat. 1859) is amended--
(A) in subsection (a)(2)(B), by inserting
``of such title'' after ``Section 104(1)(A)'';
and
(B) in subsection (c)--
(i) in paragraph (5)(B), by
striking ``subsection (d)(2)'' and
inserting ``subsection (d)(3)''; and
(ii) by amending paragraph (8) to
read as follows:
``(8) Section 2321(f) is amended by striking
`commercial items' and inserting `commercial
products'.''.
(5) Section 889(f) (132 Stat. 1918; 41 U.S.C. 3901
note prec.) is amended by striking ``appropriate
congressional committees''' and inserting ``appropriate
congressional committees''.
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132
Stat. 2080) is amended by striking ``improve'' and
inserting ``improved''.
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat.
2218) is amended by inserting ``to persons'' before
``who are potential''.
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat.
2223) is amended by striking the semicolon at the end
and inserting a period.
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat.
2231) is amended by striking ``December 5, 1991'' and
inserting ``December 5, 1995''.
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat.
2235) is amended by striking ``section 1752(1)(D)'' and
inserting ``section 1752(2)(D)''.
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat.
2237) is amended in the matter preceding paragraph (1)
by inserting ``under'' before ``section 1773''.
(12) Section 2827(b)(1) (132 Stat. 2270) is amended
by inserting ``in the matter preceding the paragraphs''
after ``amended''.
(e) NDAA for Fiscal Year 2018.--Effective as of December
12, 2017, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91) is amended as follows:
(1) Section 1701(a)(4)(A) (131 Stat. 1796) is
amended by striking ``Section 831(n)(2)(g)'' and
inserting ``Section 831(o)(2)(G)''.
(f) NDAA for Fiscal Year 2016.--Effective as of December
23, 2016, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) is amended as follows:
(1) In section 541(a) (10 U.S.C. 1561 note), by
striking ``section 1044e(g)'' and inserting ``section
1044e(h)''.
(2) In section 856(a)(1) (10 U.S.C. 2377 note), by
inserting ``United States Code,'' after ``title 41,''.
(3) In section 1675(a), by striking ``Board,,'' and
inserting ``Board,''.
(g) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of this
Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1082. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER PRODUCTS ON
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall issue to
the military departments guidance to encourage the reporting of
any adverse event related to a consumer product that occurs on
a military installation on the appropriate consumer product
safety website.
(b) Definitions.--In this section:
(1) The term ``adverse event'' means--
(A) any event that indicates that a
consumer product--
(i) fails to comply with an
applicable consumer product safety rule
or with a voluntary consumer product
safety standard upon which the Consumer
Product Safety Commission has relied
under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058);
(ii) fails to comply with any other
rule, regulation, standard, or ban
under that Act or any other Act
enforced by the Commission;
(iii) contains a defect that could
create a substantial product hazard
described in section 15(a)(2) of the
Consumer Product Safety Act (15 U.S.C.
2064(a)(2)); or
(iv) creates an unreasonable risk
of serious injury or death; or
(B) any other harm described in subsection
(b)(1)(A) of section 6A of the Consumer Product
Safety Act (15 U.S.C. 2055a) and required to be
reported in the database established under
subsection (a) of that section.
(2) The term ``consumer product'' has the meaning
given that term in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052).
SEC. 1083. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Authorization.--The Society of the First Infantry
Division may make modifications to the First Division Monument
located on Federal land in President's Park in the District of
Columbia to honor the dead of the First Infantry Division,
United States Forces, in--
(1) Operation Desert Storm;
(2) Operation Iraqi Freedom and New Dawn; and
(3) Operation Enduring Freedom.
(b) Modifications.--Modifications to the First Division
Monument may include construction of additional plaques and
stone plinths on which to put plaques.
(c) Applicability of Commemorative Works Act.--Chapter 89
of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall apply to the design and
placement of the commemorative elements authorized by this
section, except that subsections (b) and (c) of section 8903 of
such title shall not apply.
(d) Collaboration.--The First Infantry Division of the
Department of the Army shall collaborate with the Secretary of
Defense to provide to the Society of the First Infantry
Division the list of names to be added to the First Division
Monument in accordance with subsection (a).
(e) Funding.--Federal funds may not be used for
modifications of the First Division Monument authorized by this
section.
SEC. 1084. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES
RESULTING FROM UNITED STATES MILITARY OPERATIONS.
It is the sense of Congress--
(1) to commend the Department of Defense for the
measures it has implemented and is currently
implementing to prevent, mitigate, track, investigate,
learn from, respond to, and report civilian casualties
resulting from United States military operations;
(2) to agree with the Department that civilian
casualties are a tragic and unavoidable part of war,
and to recognize that the Department endeavors to
conduct all military operations in compliance with the
international law of armed conflict and the laws of the
United States, including distinction, proportionality,
and the requirement to take feasible precautions in
planning and conducting operations to reduce the risk
of harm to civilians and other protected persons and
objects;
(3) that the protection of civilians and other
protected persons and objects, in addition to a legal
obligation and a strategic interest, is a moral and
ethical imperative;
(4) that the Department has been responsive and
submitted to Congress three successive annual reports
on civilian casualties resulting from United States
military operations for calendar years 2017, 2018, and
2019, and has proactively updated reports as
appropriate;
(5) to commend the United States Africa Command for
announcing on March 21, 2020, its intent to issue
quarterly reports on the status of ongoing civilian
casualty allegations and assessments;
(6) to recognize the efforts of the Department,
both in policy and in practice, to reduce the harm to
civilians and other protected persons and objects
resulting from United States military operations; and
(7) to encourage the Department to make additional
progress in--
(A) ensuring that the combatant commands
have the requisite personnel and resources to
appropriately integrate the observance of human
rights and the protection of civilians and
civilian objects in the planning and activities
of the commands;
(B) finalizing and implementing the policy
of the Department relating to civilian
casualties resulting from United States
military operations, as required by section 936
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10
U.S.C. 134 note);
(C) finalizing Department-wide regulations
to implement section 1213 of the National
Defense Authorization for Fiscal Year 2020
(Public Law 116-92) for ex gratia payments for
damage, personal injury, or death that is
incident to the use of force by the United
States Armed Forces, a coalition that includes
the United States, a military organization
supporting the United States, or a military
organization supporting the United States or
such coalition; and
(D) enhancing the ability of foreign
partner forces to reduce civilian casualties,
including in connection with train and equip
programs, advise, assist, accompany, and enable
missions, and fully combined and coalition
operations.
SEC. 1085. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE.
Not later than 180 days after the date of the enactment of
this Act, to the maximum extent practicable, the Administrator
of the Federal Aviation Administration, in coordination with
the Secretary of Defense, shall enable the automated public
dissemination of information on the real-time status of the
activation or deactivation of military operations areas and
restricted areas in a manner that is similar to the manner that
temporary flight restrictions are published and disseminated.
SEC. 1086. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT.
(a) Ensuring Ability of Absent Uniformed Services Voters
Serving at Diplomatic and Consular Posts to Receive and
Transmit Balloting Materials.--In carrying out the Secretary's
duties as the Presidential designee under the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.), the Secretary shall take such actions as may be
necessary, feasible, and practical to ensure that a uniformed
services voter under such Act who is absent from the United
States by reason of active duty or service at a diplomatic and
consular post of the United States is able to receive and
transmit balloting materials in the same manner and with the
same rights and protections as a uniformed services voter under
such Act who is absent from the United States by reason of
active duty or service at a military installation.
(b) Effective Date.--This section shall apply with respect
to elections held on or after the date of the enactment of this
Act.
SEC. 1087. MITIGATION OF MILITARY HELICOPTER NOISE.
(a) Process for Tracking Complaints.--The Secretary of
Defense, in coordination with the Metropolitan Washington
Airports Authority, shall develop a process to receive, track,
and analyze complaints of military rotary wing aircraft noise
in the National Capital Region that are registered on the noise
inquiry websites of Ronald Reagan Washington National Airport
and Dulles International Airport.
(b) National Capital Region.--In this section, the term
``National Capital Region'' has the meaning given such term in
section 2674(f)(2) of title 10, United States Code.
SEC. 1088. CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF
NATIONAL BORINQUENEERS DAY.
Congress--
(1) expresses support for the designation of
``National Borinqueneers Day'';
(2) recognizes the bravery, service, and sacrifice
of the Puerto Rican soldiers of the 65th Infantry
Regiment in the armed conflicts of the United States in
the 20th and 21st centuries;
(3) expresses deep gratitude for the contributions
to the Armed Forces that have been made by hundreds of
thousands of patriotic United States citizens from
Puerto Rico; and
(4) urges individuals and communities across the
United States to participate in activities that are
designed--
(A) to celebrate the distinguished service
of the veterans who served in the 65th Infantry
Regiment, known as the ``Borinqueneers'';
(B) to pay tribute to the sacrifices made
and adversities overcome by Puerto Rican and
Hispanic members of the Armed Forces; and
(C) to recognize the significant
contributions to United States history made by
the Borinqueneers.
SEC. 1089. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the congressional defense committees a
plan to establish a Department of Defense Regional
Center for Security Studies for the Arctic.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) A description of the benefits of
establishing such a center, including the
manner in which the establishment of such a
center would benefit United States and
Department of Defense interests in the Arctic
region.
(B) A description of the mission and
purpose of such a center, including--
(i) enhancing understanding of the
dynamics and national security
implications of an emerging Arctic
region, including increased access for
transit and maneuverability; and
(ii) other specific policy guidance
from the Office of the Secretary of
Defense.
(C) An analysis of suitable reporting
relationships with the applicable combatant
commands.
(D) An assessment of suitable locations,
which shall include an enumeration and
valuation of criteria, which may include--
(i) the proximity of a location to
other academic institutions that study
security implications with respect to
the Arctic region;
(ii) the proximity of a location to
the designated lead for Arctic affairs
of the United States Northern Command;
and
(iii) the proximity of a location
to a central hub of assigned Arctic-
focused Armed Forces so as to suitably
advance relevant professional
development of skills unique to the
Arctic region.
(E) A description of the establishment and
operational costs of such a center, including
for--
(i) military construction for
required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty
and staff; and
(iv) other costs the Secretary
considers appropriate.
(F) An evaluation of the existing
infrastructure, resources, and personnel
available at military installations and at
universities and other academic institutions
that could reduce the costs described in
accordance with subparagraph (E).
(G) An examination of partnership
opportunities with United States allies and
partners for potential collaboration and burden
sharing.
(H) A description of potential courses and
programs that such a center could carry out,
including--
(i) core, specialized, and advanced
courses;
(ii) potential planning workshops;
(iii) seminars;
(iv) confidence-building
initiatives; and
(v) academic research.
(I) A description of any modification to
title 10, United States Code, necessary for the
effective operation of such a center.
(3) Form.--The plan required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the plan required by subsection (a), and
subject to the availability of appropriations, the
Secretary of Defense may establish and administer a
Department of Defense Regional Center for Security
Studies for the Arctic, to be known as the ``Ted
Stevens Center for Arctic Security Studies'', for the
purpose described in section 342(a) of title 10, United
States Code.
(2) Location.--Subject to a determination by the
Secretary to establish the Ted Stevens Center for
Arctic Security Studies under this section, the Center
shall be established at a location determined suitable
pursuant to subsection (a)(2)(D).
SEC. 1090. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING
REQUIREMENTS FOR CERTAIN MILITARY TRAINING.
(a) Establishment of Vetting Procedures.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall establish procedures to vet covered
individuals for eligibility for physical access to
Department of Defense installations and facilities
within the United States.
(2) Criteria for procedures.--The procedures
established under paragraph (1) shall include
biographic and biometric screening of covered
individuals, continuous review of whether covered
individuals should continue to be authorized for
physical access, biographic checks of the immediate
family members of covered individuals, and any other
measures that the Secretary determines appropriate for
vetting.
(3) Information required.--The Secretary shall
identify the information required to conduct the
vetting under this section.
(4) Collection of information.--The Secretary
shall--
(A) collect the information required to vet
individuals under the procedures established
under this subsection;
(B) as required for the effective
implementation of this section, seek to enter
into agreements with the relevant departments
and agencies of the United States to facilitate
the sharing of information in the possession of
such departments and agencies concerning
covered individuals; and
(C) ensure that the initial vetting of
covered individuals is conducted as early and
promptly as practicable, to minimize
disruptions to United States programs to train
foreign military students.
(b) Determination Authority.--
(1) Review of vetting results.--The Secretary shall
assign to an organization within the Department with
responsibility for security and counterintelligence the
responsibility of--
(A) reviewing the results of the vetting of
a covered individual conducted under subsection
(a); and
(B) making a recommendation regarding
whether such individual should be given
physical access to a Department of Defense
installation or facility.
(2) Negative recommendation.--If the recommendation
with respect to a covered individual under paragraph
(1)(B) is that the individual should not be given
physical access to a Department of Defense installation
or facility--
(A) such individual may only be given such
access if such access is authorized by the
Secretary of Defense or the Deputy Secretary of
Defense; and
(B) the Secretary of Defense shall ensure
that the Secretary of State is promptly
provided with notification of such
recommendation.
(c) Additional Security Measures.--
(1) Security measures required.--The Secretary of
Defense shall ensure that--
(A) all Department of Defense common access
cards issued to foreign nationals in the United
States comply with the credentialing standards
issued by the Office of Personnel Management;
(B) all such common access cards issued to
foreign nationals in the United States include
a visual indicator as required by the standard
developed by the Department of Commerce
National Institute of Standards and Technology;
(C) physical access by covered individuals
is limited, as appropriate, to those Department
of Defense installations or facilities within
the United States directly associated with the
training or education or necessary for such
individuals to access authorized benefits;
(D) a policy is in place covering
possession of firearms on Department of Defense
property by covered individuals;
(E) covered individuals who have been
granted physical access to Department of
Defense installations and facilities are
incorporated into the Insider Threat Program of
the Department of Defense; and
(F) covered individuals are prohibited from
transporting, possessing, storing, or using
personally owned firearms on Department of
Defense installations or property consistent
with the Secretary of Defense policy memorandum
dated January 16, 2020, or any successor policy
guidance that restricts transporting,
possessing, storing, or using personally owned
firearms on Department of Defense installations
or property.
(2) Effective date.--The security measures required
under paragraph (1) shall take effect on the date that
is 181 days after the date of the enactment of this
Act.
(3) Notification required.--Upon the establishment
of the security measures required under paragraph (1),
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of
Representatives notice of the establishment of such
security measures.
(d) Reporting Requirements.--
(1) Report.--Not later than two years after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the implementation and effects
of this section. Such report shall include a
description of--
(A) any positive or negative effects on the
training of foreign military students as a
result of this section;
(B) the effectiveness of the vetting
procedures implemented pursuant to this section
in preventing harm to members of the Armed
Forces and United States persons;
(C) any mitigation strategies used to
address any negative effects of the
implementation of this section; and
(D) a proposed plan to mitigate any ongoing
negative effects to the vetting and training of
foreign military students by the Department of
Defense.
(2) Report by comptroller general.--Not later than
three years after the date of the enactment of this
Act, the Comptroller General of the United States shall
submit to the appropriate congressional committees an
unclassified report (which may contain a classified
annex) on the safety and security of United States
personnel and international students assigned to United
States military bases participating in programs
authorized under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)
(relating to international military education and
training), particularly with respect to whether--
(A) relevant United States diplomatic and
consular personnel properly vet foreign
personnel participating in such programs and
entering such bases;
(B) existing screening protocols with
respect to such vetting include counter-
terrorism screening and are sufficiently
effective at ensuring the safety and security
of United States personnel and international
students assigned to such bases; and
(C) whether existing screening protocols
with respect to such vetting are in compliance
with applicable requirements of section 362 of
title 10, United States Code, and sections 502B
and 620M of the Foreign Assistance Act of 1961
(22 U.S.C. 2304 and 2378d).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) The term ``covered individual'' means any
foreign national (except foreign nationals of
Australia, Canada, New Zealand, and the United Kingdom
who have been granted a security clearance that is
reciprocally accepted by the United States for access
to classified information) who--
(A) is seeking physical access to a
Department of Defense installation or facility
within the United States; and
(B) is--
(i) selected, nominated, or
accepted for training or education for
a period of more than 14 days occurring
on a Department of Defense installation
or facility within the United States;
or
(ii) an immediate family member
accompanying any foreign national who
has been selected, nominated, or
accepted for such training or
education.
(3) The term ``United States'' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, and Guam.
(4) The term ``immediate family member'' with
respect to any individual means the parent, step-
parent, spouse, sibling, step-sibling, half-sibling,
child, or step-child of the individual.
SEC. 1091. PERSONAL PROTECTIVE EQUIPMENT MATTERS.
(a) Briefings on Fielding of Newest Generations of PPE to
the Armed Forces.--
(1) Briefings required.--Not later than January 31,
2021, each Secretary of a military department shall
submit to Congress a briefing on the fielding of the
newest generations of personal protective equipment to
the Armed Forces under the jurisdiction of such
Secretary.
(2) Elements.--Each briefing under paragraph (1)
shall include, for each Armed Force covered by such
briefing, the following:
(A) A description and assessment of the
fielding of newest generations of personal
protective equipment to members of such Armed
Force, including the following:
(i) The number (aggregated by total
number and by sex) of members of such
Armed Force issued the Army Soldiers
Protective System and the Modular
Scalable Vest Generation II body armor
as of December 31, 2020.
(ii) The number (aggregated by
total number and by sex) of members of
such Armed Force issued Marine Corps
Plate Carrier Generation III body armor
as of that date.
(iii) The number (aggregated by
total number and by sex) of members of
such Armed Force fitted with legacy
personal protective equipment as of
that date.
(B) A description and assessment of the
barriers, if any, to the fielding of such
generations of equipment to such members.
(C) A description and assessment of
challenges in the fielding of such generations
of equipment to such members, including cost
overruns, contractor delays, and other
challenges.
(b) System for Tracking Data on Injuries Among Members of
the Armed Forces in Use of Newest Generation PPE.--
(1) System required.--
(A) In general.--The Secretary of Defense
shall develop and maintain a system for
tracking data on injuries among members of the
Armed Forces in and during the use of newest
generation personal protective equipment.
(B) Scope of system.--The system required
by this paragraph may, at the election of the
Secretary, be new for purposes of this
subsection or within or a modification of an
appropriate existing system.
(2) Briefing.--Not later than January 31, 2025, the
Secretary shall submit to Congress a briefing on the
prevalence among members of the Armed Forces of
preventable injuries attributable to ill-fitting or
malfunctioning personal protective equipment.
(c) Assessments of Members of the Armed Forces of Injuries
Incurred in Connection With Ill-fitting or Malfunctioning
PPE.--
(1) In general.--Each health assessment specified
in paragraph (2) that is undertaken after the date of
the enactment of this Act shall include the following:
(A) One or more questions on whether
members incurred an injury in connection with
ill-fitting or malfunctioning personal
protective equipment during the period covered
by such assessment, including the nature of
such injury.
(B) In the case of any member who has so
incurred such an injury, one or more elements
of self-evaluation of such injury by such
member for purposes of facilitating timely
documentation and enhanced monitoring of such
members and injuries.
(2) Assessments.--The health assessments specified
in this paragraph are the following:
(A) The annual Periodic Health Assessment
of members of the Armed Forces.
(B) The post-deployment health assessment
of members of the Armed Forces.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal Government personnel
under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual
leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of
the Navy employees performing work aboard or dockside in
support of the nuclear-powered aircraft carrier forward
deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded and
injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of
Defense personnel to include installation military housing
office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of
executive qualifications by qualification certification review
board of office of personnel management for initial
appointments to senior executive service positions in
department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity
Commission.
Sec. 1137. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
Subtitle A--General Provisions
SEC. 1101. DEPARTMENT OF DEFENSE POLICY ON UNCLASSIFIED WORKSPACES AND
JOB FUNCTIONS OF PERSONNEL WITH PENDING SECURITY
CLEARANCES.
(a) Policy Required.--The Secretary of Defense shall
develop and implement a policy under which a covered individual
may occupy a position within the Department of Defense that
requires a security clearance to perform appropriate
unclassified work, or work commensurate with a security
clearance already held by the individual (which may include an
interim security clearance), while such individual awaits a
final determination with respect to the security clearance
required for such position.
(b) Unclassified Work Spaces.--As part of the policy under
subsection (a), the Secretary of Defense shall--
(1) ensure, to the extent practicable, that all
facilities of the Department of Defense at which
covered individuals perform job functions have
unclassified workspaces; and
(2) issue guidelines under which appropriately
screened individuals, who are not covered individuals,
may use the unclassified workspaces on a space-
available basis.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the policy required by
subsection (a). The report shall include the following:
(1) Identification of any challenges or impediments
to allowing covered individuals fill positions on a
probationary basis as described in subsection (a).
(2) A plan for implementing the policy.
(3) A description of how existing facilities may be
modified to accommodate unclassified workspaces.
(4) Identification of impediments to making
unclassified workspace available.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' includes a member of the Armed Forces, a
civilian employee of the Department of Defense, or an applicant
for a civilian position within the Department of Defense, who
has applied for, but who has not yet received, a security
clearance that is required for the individual to perform one or
more job functions.
SEC. 1102. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN
THE DEPARTMENT OF DEFENSE.
(a) Public-private Talent Exchange.--Section 1599g of title
10, United States Code, is amended--
(1) in subsection (b)(1), by amending subparagraph
(C) to read as follows:
``(C) shall contain language ensuring that
such employee of the Department does not
improperly use information that such employee
knows relates to a Department acquisition or
procurement for the benefit or advantage of the
private-sector organization.''; and
(2) by amending paragraph (4) of subsection (f) to
read as follows:
``(4) may not perform work that is considered
inherently governmental in nature; and''.
(b) Application of Exchange Authority to Modernization
Priorities.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall take
steps to ensure that the authority of the Secretary to carry
out a public-private talent exchange program under section
1599g of title 10, United States Code (as amended by subsection
(a)), is used to--
(1) carry out exchanges of personnel with private
sector entities that are working on the modernization
priorities of the Department of Defense; and
(2) carry out exchanges in--
(A) the office of the Under Secretary of
Defense for Research and Engineering;
(B) the office of the Chief Information
Officer of the Department of Defense;
(C) each Armed Force under the jurisdiction
of the Secretary of a military department; and
(D) any other organizations or elements of
the Department of Defense the Secretary
determines appropriate.
(c) Conflicts of Interest.--The Secretary shall implement a
system to identify, mitigate, and manage any conflicts of
interests that may arise as a result of an individual's
participation in a public-private talent exchange under section
1599g of title 10, United States Code.
(d) Treatment of Program Participants.--The Secretary of
Defense, in consultation with each Secretary of a military
department, shall develop practices to ensure that
participation by a member of an Armed Force under the
jurisdiction of the Secretary of a military department in an
public-private talent exchange under section 1599g of title 10,
United States Code, is taken into consideration in subsequent
assignments.
(e) Briefing on Use of Existing Exchange Program
Authority.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for 5 years, the Secretary of Defense shall
provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on
the efforts undertaken--
(A) to implement the public-private
exchange programs of the Department of Defense;
and
(B) to ensure that such programs seek
opportunities for exchanges with private sector
entities working on modernization priorities of
the Department of Defense, including artificial
intelligence applications, in accordance with
the requirements of this section.
(2) Elements.--Each briefing under paragraph (1)
shall include an explanation of--
(A) what barriers may prevent supervisors
from nominating their staff and encouraging
participation in public-private exchange
programs;
(B) how the Department can incentivize
senior leaders and supervisors to encourage
participation in such programs;
(C) how the Department is implementing the
requirment of subsection (c) relating to
conflicts of interest; and
(D) what, if any, statutory changes or
authorities are needed to effectively carry out
such programs.
SEC. 1103. PAID PARENTAL LEAVE TECHNICAL CORRECTIONS.
(a) Short Title.--This section may be cited as the ``Paid
Parental Leave Technical Corrections Act of 2020''.
(b) Paid Parental Leave for Employees of District of
Columbia Courts and District of Columbia Public Defender
Service.--
(1) District of columbia courts.--Section 11-1726,
District of Columbia Official Code, is amended by
adding at the end the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial
employees of the District of Columbia courts, the Joint
Committee on Judicial Administration shall, notwithstanding any
provision of such Act, establish a paid parental leave program
for the leave described in subparagraphs (A) and (B) of section
102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave
provided in connection with the birth of a child or a placement
of a child for adoption or foster care). In developing the
terms and conditions for this program, the Joint Committee may
be guided by the terms and conditions applicable to the
provision of paid parental leave for employees of the Federal
Government under chapter 63 of title 5, United States Code, and
any corresponding regulations.''.
(2) District of columbia public defender service.--
Section 305 of the District of Columbia Court Reform
and Criminal Procedure Act of 1970 (section 2-1605,
D.C. Official Code) is amended by adding at the end the
following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to employees of the
Service, the Director shall, notwithstanding any provision of
such Act, establish a paid parental leave program for the leave
described in subparagraphs (A) and (B) of section 102(a)(1) of
such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in
connection with the birth of a child or the placement of a
child for adoption or foster care). In developing the terms and
conditions for this program, the Director may be guided by the
terms and conditions applicable to the provision of paid
parental leave for employees of the Federal Government under
chapter 63 of title 5, United States Code, and any
corresponding regulations.''.
(c) FAA and TSA.--
(1) In general.--Section 40122(g) of title 49,
United States Code, is amended--
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following:
``(5) Paid parental leave.--The Administrator shall
implement a paid parental leave benefit for employees
of the Administration that is, at a minimum, consistent
with the paid parental leave benefits provided under
section 6382 of title 5.''.
(2) Effective date.--The amendments made by
paragraph (1) shall apply with respect to any birth or
placement occurring on or after October 1, 2020.
(3) Rule of construction.--Nothing in this
subsection, or any amendment made by this subsection,
may be construed to affect leave provided to an
employee of the Transportation Security Administration
before October 1, 2020.
(d) Title 38 Employees.--
(1) In general.--Section 7425 of title 38, United
States Code, is amended--
(A) in subsection (b), by striking
``Notwithstanding'' and inserting ``Except as
provided in subsection (c), and
notwithstanding''; and
(B) by adding at the end the following:
``(c) Notwithstanding any other provision of this
subchapter, the Administration shall provide to individuals
appointed to any position described in section 7421(b) who are
employed for compensation by the Administration, family and
medical leave in the same manner and subject to the same
limitations to the maximum extent practicable, as family and
medical leave is provided under subchapter V of chapter 63 of
title 5 to employees, as defined in section 6381(1) of such
title.''.
(2) Applicability.--The amendments made by
paragraph (1) shall apply with respect to any event for
which leave may be taken under subchapter V of chapter
63 of title 5, United States Code, occurring on or
after October 1, 2020.
(e) Employees of Executive Office of the President.--
(1) In general.--Section 412 of title 3, United
States Code, is amended--
(A) in subsection (a), by adding at the end
the following:
``(3) Exception.--Notwithstanding section
401(b)(2), the requirements of paragraph (2)(B) shall
not apply with respect to leave under subparagraph (A)
or (B) of section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1)).'';
(B) by redesignating subsections (c) and
(d) as subsections (d) and (e), respectively;
(C) by inserting after subsection (b) the
following:
``(c) Special Rules for Substitution of Paid Leave.--
``(1) Substitution of paid leave.--A covered
employee may elect to substitute for any leave without
pay under subparagraph (A) or (B) of section 102(a)(1)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)) any paid leave which is available to such
employee for that purpose.
``(2) Available leave.--The paid leave that is
available to a covered employee for purposes of
paragraph (1) is leave of the type and in the amount
available to an employee under section 6382(d)(2)(B) of
title 5, United States Code, for substitution for leave
without pay under subparagraph (A) or (B) of section
6382(a)(1) of such title.
``(3) Consistency with title 5.--Paid leave shall
be substituted under this subsection in a manner that
is consistent with the requirements in section
6382(d)(2) of title 5, United States Code, except that
a reference in that section to an employing agency
shall be considered to be a reference to an employing
office, and subparagraph (E) of that section shall not
apply.'';
(D) in paragraph (2) of subsection (d), as
redesignated by subparagraph (B)--
(i) in subparagraph (A), by
striking ``and'' at the end of the
subparagraph;
(ii) in subparagraph (B) by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following:
``(C) except that the President or designee
shall issue regulations to implement subsection
(c) in accordance with the requirements of that
subsection.''; and
(E) in paragraph (1) of subsection (e), as
redesignated by subparagraph (B), by inserting
after ``subsection (c)'' the following: ``(as
in effect on the date of enactment of the
Presidential and Executive Office
Accountability Act)''.
(2) Applicability.--The amendments made by this
subsection shall apply with respect to any birth or
placement occurring on or after October 1, 2020.
(f) Amendments to Title 5 Family and Medical Leave Act
Provisions.--Chapter 63 of title 5, United States Code, is
amended--
(1) in section 6301(2), by amending clause (v) to
read as follows:
``(v) an employee of the Veterans
Health Administration who is covered by
a leave system established under
section 7421 of title 38;'';
(2) in section 6381(1)--
(A) in subparagraph (A), by striking ``(v)
or''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) has completed at least 12 months of
service as an employee (as defined in section
2105) of the Government of the United States,
including service with the United States Postal
Service, the Postal Regulatory Commission, and
a nonappropriated fund instrumentality as
described in section 2105(c);''; and
(3) in section 6382(d)--
(A) in paragraph (1), by striking ``under
subchapter I'' in each place it appears; and
(B) in paragraph (2)(B)(ii), by striking
``under subchapter I''.
(g) Amendment to Congressional Accountability Act of
1995.--
(1) In general.--Section 202(d)(2)(B) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(d)(2)(B)), as amended by section 7603 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), is amended by inserting
``accrued'' before ``sick leave''.
(2) Effective date.--The amendment made by this
subsection shall apply with respect to any event for
which leave may be taken under subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave
Act of 1995 (29 U.S.C. 2612(a)(1)) and occurring on or
after October 1, 2020.
SEC. 1104. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN
CONNECTION WITH TRANSFER CEREMONIES OF CERTAIN
CIVILIAN EMPLOYEES WHO DIE OVERSEAS.
(a) Travel and Transportation Allowances.--
(1) In general.--Subchapter II of chapter 75 of
title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1492. Authority to provide travel and transportation allowances
in connection with transfer ceremonies of certain
civilian employees who die overseas
``(a) Authority.--A covered official may treat a covered
relative of a covered employee under the jurisdiction of that
covered official in the same manner the Secretary of a military
department treats, under section 481f(d) of title 37, next of
kin and family members of a member of the armed forces who dies
while located or serving overseas.
``(b) Definitions.--In this section:
``(1) The term `covered employee' means a civilian
employee--
``(A) under the jurisdiction of a covered
official; and
``(B) who dies while located or serving
overseas.
``(2) The term `covered official' means--
``(A) the Secretary of the military
department concerned; and
``(B) the head of a Defense Agency or
Department of Defense Field Activity.
``(3) The term `covered relative' means--
``(A) the primary next of kin of the
covered employee;
``(B) two family members (other than
primary next of kin) of the covered employee;
and
``(C) one or more additional family members
of the covered employee, at the discretion of
the Secretary a sibling of the covered
employee.''.
(2) Clerical amendment.--The table of contents at
the beginning of such subchapter is amended by adding
at the end the following new item:
``1492. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.''.
(b) Technical Amendments.--Section 481f(d) of title 37,
United States Code, is amended--
(1) in the subsection heading, by striking
``Transportation To'' and inserting ``Travel And
Transportation Allowances In Connection With''; and
(2) in paragraph (1) in the matter preceding
subparagraph (A), by striking ``transportation to'' and
inserting ``travel and transportation allowances in
connection with''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4615), as most recently amended by
section 1105 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by
striking ``through 2020'' and inserting ``through 2021''.
SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4616) and as most recently amended by
section 1104 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by
striking ``2021'' and inserting ``2022''.
SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION
UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following:
``(6) The Defense Security Cooperation University.
``(7) The Defense Institute for Security
Governance.''.
SEC. 1108. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED
FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Notwithstanding the requirements of
section 3326 of title 5, United States Code, the Secretary of
Defense may appoint retired members of the Armed Forces to
positions in the Department of Defense described in subsection
(b).
(b) Positions.--
(1) In general.--The positions in the Department
described in this subsection are positions classified
at or below GS-13 under the General Schedule under
subchapter III of chapter 53 of title 5, United States
Code, or an equivalent level under another wage system,
in the competitive service--
(A) at any defense industrial base facility
(as that term is defined in section 2208(u)(3)
of title 10, United States Code) that is part
of the core logistics capabilities (as
described in section 2464(a) of such title);
and
(B) that have been certified by the
Secretary of the military department concerned
as lacking sufficient numbers of potential
applicants.
(2) Limitation on delegation of certification.--The
Secretary of a military department may not delegate the
authority to make a certification described in
paragraph (1)(B) to an individual in a grade lower than
colonel, captain in the Navy, or an equivalent grade in
the Space Force, or an individual with an equivalent
civilian grade.
(c) Report.--Not later than two years after the date of
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on this section
and the authority provided by this section. The report shall
include the following:
(1) A description of the use of such authority,
including the positions to which appointments are
authorized to be made under such authority and the
number of retired members appointed to each such
position under such authority.
(2) Any other matters in connection with such
section or such authority that the Secretary considers
appropriate.
(d) Sunset.--Effective on the date that is 3 years after
the date of enactment of this Act, the authority provided under
subsection (a) shall expire.
(e) Definitions.--In this section, the terms ``member'' and
``Secretary concerned'' have the meaning given those terms in
section 101 of title 37, United States Code.
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION
PROJECT FOR THE NAVY REGION MID-ATLANTIC FIRE AND
EMERGENCY SERVICES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commander, Navy Region Mid-
Atlantic, shall establish and carry out, for a period of not
less than five years, a Fire Fighters Alternative Work Schedule
demonstration project for the Navy Region Mid-Atlantic Fire and
Emergency Services. Such demonstration project shall provide,
with respect to each employee of the Navy Region Mid-Atlantic
Fire and Emergency Services, that--
(1) assignments to tours of duty are scheduled in
advance over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly
recurring pattern of 48-hour shifts followed by 48 or
72 consecutive non-work hours, as determined by mutual
agreement between the Commander, Navy Region Mid-
Atlantic, and the exclusive employee representative at
each Navy Region Mid-Atlantic installation, in such a
manner that each employee is regularly scheduled for
144-hours in any two-week period;
(3) for any such employee that is a fire fighter
working an alternative work schedule, such employee
shall earn overtime compensation in a manner consistent
with other applicable law and regulation;
(4) no right shall be established to any form of
premium pay, including night, Sunday, holiday, or
hazard duty pay; and
(5) leave accrual and use shall be consistent with
other applicable law and regulation.
(b) Report.--Not later than 180 days after the date on
which the demonstration project under this section terminates,
the Commander, Navy Region Mid-Atlantic, shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing--
(1) any financial savings or expenses directly and
inseparably linked to the demonstration project;
(2) any intangible quality of life and morale
improvements achieved by the demonstration project; and
(3) any adverse impact of the demonstration project
occurring solely as the result of the transition to the
demonstration project.
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT
PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.
Section 901 of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 22
U.S.C. 2680b) is amended--
(1) in subsection (a), by inserting ``or the head
of any other Federal agency'' after ``The Secretary of
State'';
(2) in subsection (c), by striking ``and the
Secretary of State'' and inserting ``, the Secretary of
State, and, as appropriate, the head of any other
Federal agency paying benefits under this section'';
(3) in subsection (e)(2)--
(A) by striking ``the Department of State''
and inserting ``the Federal Government''; and
(B) by inserting after ``subsection (f)''
the following: ``, but does not include an
individual receiving compensation under section
19A of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b)''; and
(4) in subsection (h)(2), by striking the first
sentence and inserting the following: ``Nothing in this
section shall limit, modify, or otherwise supersede
chapter 81 of title 5, United States Code, the Defense
Base Act (42 U.S.C. 1651 et seq.), or section 19A of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b).''.
SEC. 1111. TEMPORARY INCREASE IN LIMITATION ON ACCUMULATION OF ANNUAL
LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.
(a) In General.--At the discretion of the Director of the
Office of Personnel Management, annual leave provided to an
Executive branch employee may accumulate for use in leave year
2021 in an amount equal to 125% of the maximum amount of annual
leave permitted, but for this subsection, to accumulate for use
in that leave year under the leave system covering such
employee.
(b) Exclusion From Lump-sum Payment.--Any annual leave
accumulated pursuant to subsection (a) in excess of the maximum
amount of annual leave permitted, but for this section, to
accumulate for use in succeeding years shall not be included in
any lump-sum payment for leave to an individual, including any
lump-sum payment under section 5551 or 5552 of title 5, United
States Code.
(c) Definitions.--In this section--
(1) the term ``agency'' means each agency, office,
or other establishment in the executive branch of the
Federal Government; and
(2) the term ``Executive branch employee''--
(A) means--
(i) an employee of an agency;
(ii) an employee appointed under
chapter 74 of title 38, United States
Code, notwithstanding section 7421(a),
section 7425(b), or any other provision
of chapter 74 of such title; and
(iii) any other individual
occupying a position in the civil
service (as that term is defined in
section 2101(1) of title 5, United
States Code) in the executive branch of
the Federal Government; and
(B) does not include any individual
occupying a position that is classified at or
above the level of a Senior Executive Service
position or the equivalent thereof.
SEC. 1112. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT
AND TRADEMARK OFFICE.
(a) In General.--Section 5711 of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``test'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking
``committee'' and inserting
``committees''; and
(ii) in subparagraph (B), by
striking ``Government'';
(B) in paragraph (2)--
(i) by striking ``test''; and
(ii) by striking ``section,
including the provision of reports in
accordance with subsection (d)(1)'' and
inserting ``subsection'';
(C) in paragraph (4)(B), in the matter
preceding clause (i), by inserting ``and
maintain'' after ``develop''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by
striking ``test''; and
(ii) by striking subparagraph (B)
and inserting the following:
``(B) The Director of the Patent and
Trademark Office shall prepare and submit to
the appropriate committees of Congress an
annual report on the operation of the program
under this subsection, which shall include--
``(i) the costs and benefits of the
program; and
``(ii) an analysis of the
effectiveness of the program, as
determined under criteria developed by
the Director.''; and
(3) in subsection (g), by striking ``this section''
and inserting ``subsection (b)''.
(b) Technical and Conforming Amendments.--The table of
sections for subchapter I of chapter 57 of title 5, United
States Code, is amended by striking the item relating to
section 5711 and inserting the following:
``5711. Authority for telework travel expenses programs.''.
SEC. 1113. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR
DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT
CARRIER FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2021'' and inserting
``September 30, 2026''.
SEC. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND
TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 87 of title 10,
United States Code, is amended by inserting after section 1701a
the following new section:
``Sec. 1701b. Enhanced pay authority for certain acquisition and
technology positions
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection
(c) in order to assist the Office of the Secretary of Defense
and the military departments in attracting and retaining high-
quality acquisition and technology experts in positions
responsible for managing and developing complex, high-cost,
technological acquisition efforts of the Department of Defense.
``(b) Approval Required.--The program may be carried out
only with approval as follows:
``(1) Approval of the Under Secretary of Defense
for Acquisition and Sustainment, in the case of
positions in the Office of the Secretary of Defense.
``(2) Approval of the service acquisition executive
of the military department concerned, in the case of
positions in a military department.
``(c) Positions.--The positions described in this
subsection are positions that--
``(1) require expertise of an extremely high level
in a scientific, technical, professional, or
acquisition management field; and
``(2) are critical to the successful accomplishment
of an important acquisition or technology development
mission.
``(d) Rate of Basic Pay.--The pay authority specified in
this subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a
position at a rate not to exceed 150 percent of the
rate of basic pay payable for level I of the Executive
Schedule, upon the approval of the Under Secretary of
Defense for Acquisition and Sustainment or the service
acquisition executive concerned, as applicable.
``(2) Authority to fix the rate of basic pay for a
position at a rate in excess of 150 percent of the rate
of basic pay payable for level I of the Executive
Schedule, upon the approval of the Secretary of
Defense.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a)
may be used only to the extent necessary to
competitively recruit or retain individuals
exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in
subsection (a) may not be used with respect to more
than five positions in the Office of the Secretary of
Defense and more than five positions in each military
department at any one time.
``(3) Term of positions.--The authority in
subsection (a) may be used only for positions having
terms less than five years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 87 of such title is
amended by inserting after the item relating to section 1701a
the following new item:
``1701b. Enhanced pay authority for certain acquisition and technology
positions.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1111 of the National
Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 1701 note) is repealed.
(2) Continuation of pay.--The repeal in paragraph
(1) shall not be interpreted to prohibit the payment of
basic pay at rates fixed under such section 1111 before
the date of the enactment of this Act for positions
having terms that continue after that date.
SEC. 1115. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358b the following
new section:
``Sec. 2358c. Enhanced pay authority for certain research and
technology positions in science and technology
reinvention laboratories
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection
(c) in order to assist the military departments in attracting
and retaining high quality acquisition and technology experts
in positions responsible for managing and performing complex,
high-cost research and technology development efforts in the
science and technology reinvention laboratories of the
Department of Defense.
``(b) Approval Required.--The program may be carried out in
a military department only with the approval of the service
acquisition executive of the military department concerned.
``(c) Positions.--The positions described in this
subsection are positions in the science and technology
reinvention laboratories of the Department of Defense that--
``(1) require expertise of an extremely high level
in a scientific, technical, professional, or
acquisition management field; and
``(2) are critical to the successful accomplishment
of an important research or technology development
mission.
``(d) Rate of Basic Pay.--The pay authority specified in
this subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a
position at a rate not to exceed 150 percent of the
rate of basic pay payable for level I of the Executive
Schedule, upon the approval of the service acquisition
executive concerned.
``(2) Authority to fix the rate of basic pay for a
position at a rate in excess of 150 percent of the rate
of basic pay payable for level I of the Executive
Schedule, upon the approval of the Secretary of the
military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a)
may be used only to the extent necessary to
competitively recruit or retain individuals
exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in
subsection (a) may not be used with respect to more
than five positions in each military department at any
one time.
``(3) Term of positions.--The authority in
subsection (a) may be used only for positions having a
term of less than five years.
``(f) Science and Technology Reinvention Laboratories of
the Department of Defense Defined.--In this section, the term
`science and technology reinvention laboratories of the
Department of Defense' means the laboratories designated as
science and technology reinvention laboratories by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 2358 note).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by inserting
after the item relating to section 2358b the following new
item:
``2358c. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1124 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2456; 10 U.S.C. 2358 note) is
repealed.
(2) Continuation of pay.--The repeal in paragraph
(1) shall not be interpreted to prohibit the payment of
basic pay at rates fixed under such section 1124 before
the date of the enactment of this Act for positions
having terms that continue after that date.
SEC. 1116. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION AUTHORITY
FOR CIVILIAN PERSONNEL FOR CARE AND TREATMENT OF
WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.
Section 1599c(b) of title 10, United States Code, is
amended by striking ``December 31, 2020'' both places it
appears and inserting ``December 31, 2025''.
SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF
DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY
HOUSING OFFICE POSITIONS SUPERVISING PRIVATIZED
MILITARY HOUSING.
Section 9905(a) of title 5, United States Code, is amended
by adding at the end the following new paragraph:
``(11) Any position in the military housing office
of a military installation whose primary function is
supervision of military housing covered by subchapter
IV of chapter 169 of title 10.''.
SEC. 1118. EXTENSION OF SUNSET OF INAPPLICABILITY OF CERTIFICATION OF
EXECUTIVE QUALIFICATIONS BY QUALIFICATION
CERTIFICATION REVIEW BOARD OF OFFICE OF PERSONNEL
MANAGEMENT FOR INITIAL APPOINTMENTS TO SENIOR
EXECUTIVE SERVICE POSITIONS IN DEPARTMENT OF
DEFENSE.
Section 1109(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2010; 5 U.S.C. 3393 note) is amended by striking ``on the
date'' and all that follows and inserting ``on August 13,
2023''.
SEC. 1119. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-
LEVEL MANAGEMENT POSITIONS IN THE DEPARTMENT OF
DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasibility and
advisability of using the pay authority specified in subsection
(d) to fix the rate of basic pay for positions described in
subsection (c) in order to assist the Department of Defense in
attracting and retaining personnel with significant experience
in high-level management of complex organizations and
enterprise functions in order to lead implementation by the
Department of the National Defense Strategy.
(b) Approval Required.--The pilot program may be carried
out only with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in
the case of a position not under the authority,
direction, and control of an Under Secretary of Defense
and not under the authority, direction, and control of
the Under Secretary of a military department.
(2) Approval of the applicable Under Secretary of
Defense, in the case of a position under the authority,
direction, and control of an Under Secretary of
Defense.
(3) Approval of the Under Secretary or an Assistant
Secretary of the military department concerned, in the
case of a position in a military department.
(c) Positions.--The positions described in this subsection
are positions that require expertise of an extremely high level
in innovative leadership and management of enterprise-wide
business operations, including financial management, health
care, supply chain and logistics, information technology, real
property stewardship, and human resources, across a large and
complex organization.
(d) Rate of Basic Pay.--Without regard to the basic pay
authorities in sections 5376, 5382, 5383 and 9903 of title 5,
United States Code, the pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a
position at a rate not to exceed 150 percent of the
rate of basic pay payable for level I of the Executive
Schedule, upon the approval of the applicable official
under subsection (b).
(2) Authority to fix the rate of basic pay for a
position at a rate in excess of 150 percent of the rate
of basic pay payable for level I of the Executive
Schedule, upon the approval of the Secretary of
Defense.
(e) Limitations.--
(1) In general.--The authority in subsection (a)
may be used only to the extent necessary to
competitively recruit or retain individuals
exceptionally well qualified for positions described in
subsection (c).
(2) Number of positions.--The authority in
subsection (a) may not be used with respect to--
(A) more than 10 positions in the Office of
the Secretary of Defense and components of the
Department of Defense other than the military
departments at any one time; and
(B) more than five positions in each
military department at any one time.
(3) Term of positions.--The authority in subsection
(a) may be used only for positions having terms less
than five years.
(4) Past service.--An individual may not be
appointed to a position pursuant to the authority
provided by subsection (a) if the individual separated
or retired from Federal civil service or service as a
commissioned officer of an Armed Force on a date that
is less than five years before the date of such
appointment of the individual.
(f) Termination.--
(1) In general.--The authority to fix rates of
basic pay for a position under this section shall
terminate on October 1, 2025.
(2) Continuation of pay.--Nothing in paragraph (1)
shall be construed to prohibit the payment after
October 1, 2025, of basic pay at rates fixed under this
section before that date for positions whose terms
continue after that date.
SEC. 1120. RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE LOCATIONS.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599i. Recruitment incentives for placement at remote locations
``(a) Recruitment Incentive.--
``(1) In general.--An individual appointed to a
position in the Department of Defense at a covered
location may be paid a recruitment incentive in
connection with such appointment.
``(2) Amount.--The amount of a recruitment
incentive payable to an individual under this
subsection may not exceed the amount equal to--
``(A) 25 percent of the annual rate of
basic pay of the employee for the position
concerned as of the date on which the service
period in such position agreed to by the
individual under paragraph (3) commences;
multiplied by
``(B) the number of years (including
fractions of a year) of such service period
(not to exceed four years).
``(3) Service agreement.--To receive a recruitment
incentive under this subsection, an individual
appointed to a position under paragraph (1) shall enter
into an agreement with the Secretary of Defense to
complete a period of service at the covered location.
The period of obligated service of the individual at
such location under the agreement may not exceed four
years. The agreement shall include such repayment or
alternative employment obligations as the Secretary
considers appropriate for failure of the individual to
complete the period of obligated service specified in
the agreement.
``(4) Covered locations defined.--In this section,
a covered location is a location for which the
Secretary of Defense has determined that critical
hiring needs are not being met due to the geographic
remoteness or isolation or extreme climate conditions
of the location.
``(b) Sunset.--Effective on September 30, 2022, the
authority provided under subsection (a) shall expire.''.
(b) Outcome Measurements.--The Secretary of Defense shall
develop outcome measurements to evaluate the effect of the
authority provided under subsection (a) of section 1599i of
title 10, United States Code, as added by subsection (a), and
any relocation incentives provided under subsection (b) of such
section.
(c) Report Required.--
(1) In general.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report on the effect of the
authority provided under section 1599i of title 10,
United States Code, as added by subsection (a).
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A description and assessment of the
effectiveness and achievements of the
recruitment incentives described in paragraph
(1), including--
(i) the number of employees placed
at covered locations described in
section 1599i(a)(2) of title 10, United
States Code, as added by subsection
(a); and
(ii) the cost-per-placement of such
employees.
(B) A comparison of the effectiveness and
use of the recruitment incentives described in
paragraph (1) to authorities under title 5,
United States Code, used by the Department of
Defense before the date of the enactment of
this Act to support hiring at remote or rural
locations.
(C) An assessment of--
(i) the minority community outreach
efforts made in using the authority and
providing relocation incentives
described in paragraph (1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary
considers appropriate.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of title 10, United States Code, is
amended by adding at the end the following new item:
``1599i. Recruitment incentives for placement at remote locations.''.
SEC. 1121. TECHNICAL AMENDMENTS REGARDING REIMBURSEMENT OF FEDERAL,
STATE, AND LOCAL INCOME TAXES INCURRED DURING
TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--Section 5724b(b) of title 5, United States
Code, is amended--
(1) by striking ``or relocation expenses
reimbursed'' and inserting ``and relocation expenses
reimbursed''; and
(2) by striking ``of chapter 41'' and inserting
``or chapter 41''.
(b) Retroactive Effective Date.--The amendments made by
subsection (a) shall take effect as if included in the
enactment of section 1114 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Elijah E. Cummings
Federal Employee Antidiscrimination Act of 2020''.
SEC. 1132. SENSE OF CONGRESS.
Section 102 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) by striking paragraph (4) and inserting the
following:
``(4) accountability in the enforcement of the
rights of Federal employees is furthered when Federal
agencies agree to take appropriate disciplinary action
against Federal employees who are found to have
intentionally committed discriminatory (including
retaliatory) acts;''; and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability''
and inserting ``accountability is not''; and
(B) by inserting ``for what, by law, the
agency is responsible'' after ``under this
Act''.
SEC. 1133. NOTIFICATION OF VIOLATION.
Section 202 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended by adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) In general.--Not later than 90 days after the
date on which an event described in paragraph (2)
occurs with respect to a finding of discrimination
(including retaliation), the head of the Federal agency
subject to the finding shall provide notice--
``(A) on the public internet website of the
agency, in a clear and prominent location
linked directly from the home page of that
website;
``(B) stating that a finding of
discrimination (including retaliation) has been
made; and
``(C) which shall remain posted for not
less than 1 year.
``(2) Events described.--An event described in this
paragraph is any of the following:
``(A) All appeals of a final action by a
Federal agency involving a finding of
discrimination (including retaliation)
prohibited by a provision of law covered by
paragraph (1) or (2) of section 201(a) have
been exhausted.
``(B) All appeals of a final decision by
the Equal Employment Opportunity Commission
involving a finding of discrimination
(including if the finding included a finding of
retaliation) prohibited by a provision of law
covered by paragraph (1) or (2) of section
201(a) have been exhausted.
``(C) A court of jurisdiction issues a
final judgment involving a finding of
discrimination (including retaliation)
prohibited by a provision of law covered by
paragraph (1) or (2) of section 201(a).
``(3) Contents.--A notification provided under
paragraph (1) with respect to a finding of
discrimination (including retaliation) shall--
``(A) identify the date on which the
finding was made, the date on which each
discriminatory act occurred, and the law
violated by each such discriminatory act; and
``(B) advise Federal employees of the
rights and protections available under the
provisions of law covered by paragraphs (1) and
(2) of section 201(a).''.
SEC. 1134. REPORTING REQUIREMENTS.
(a) Electronic Format Requirement.--
(1) In general.--Section 203(a) of the Notification
and Federal Employee Antidiscrimination and Retaliation
Act of 2002 (5 U.S.C. 2301 note) is amended in the
matter preceding paragraph (1)--
(A) by inserting ``Homeland Security and''
before ``Governmental Affairs'';
(B) by striking ``on Government Reform''
and inserting ``on Oversight and Reform''; and
(C) by inserting ``(in an electronic format
prescribed by the Director of the Office of
Personnel Management),'' after ``an annual
report''.
(2) Effective date.--The amendment made by
paragraph (1)(C) shall take effect on the date that is
1 year after the date of enactment of this Act.
(3) Transition period.--Notwithstanding the
requirements of section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act
of 2002 (5 U.S.C. 2301 note), the report required under
such section 203(a) may be submitted in an electronic
format, as prescribed by the Director of the Office of
Personnel Management, during the period beginning on
the date of enactment of this Act and ending on the
effective date in paragraph (2).
(b) Reporting Requirement for Disciplinary Action.--Section
203 of the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by
adding at the end the following:
``(c) Disciplinary Action Report.--Not later than 120 days
after the date on which a Federal agency takes final action, or
a Federal agency receives a final decision issued by the Equal
Employment Opportunity Commission, involving a finding of
discrimination (including retaliation) in violation of a
provision of law covered by paragraph (1) or (2) of section
201(a), as applicable, the applicable Federal agency shall
submit to the Commission a report stating--
``(1) whether disciplinary action has been proposed
against a Federal employee as a result of the
violation; and
``(2) the reasons for any disciplinary action
proposed under paragraph (1).''.
SEC. 1135. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.
Section 301(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking
``and'' at the end;
(B) in subparagraph (B)(ii), by striking
the period at the end and inserting ``, and'';
and
(C) by adding at the end the following:
``(C) with respect to each finding
described in subparagraph (A)--
``(i) the date of the finding,
``(ii) the affected Federal agency,
``(iii) the law violated, and
``(iv) whether a decision has been
made regarding disciplinary action as a
result of the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint
filed against the agency alleging discrimination
(including retaliation), including--
``(A) information regarding the date on
which each complaint was filed,
``(B) a general summary of the allegations
alleged in the complaint,
``(C) an estimate of the total number of
plaintiffs joined in the complaint, if known,
``(D) the current status of the complaint,
including whether the class has been certified,
and
``(E) the case numbers for the civil
actions in which discrimination (including
retaliation) has been found.''.
SEC. 1136. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION.
Section 302(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended by striking ``(10)'' and inserting ``(11)''.
SEC. 1137. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND
RETALIATION ACT OF 2002 AMENDMENTS.
(a) Notification Requirements.--Title II of the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by
adding at the end the following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the
Elijah E. Cummings Federal Employee Antidiscrimination Act of
2020, each Federal agency shall establish a system to track
each complaint of discrimination arising under section
2302(b)(1) of title 5, United States Code, and adjudicated
through the Equal Employment Opportunity process from the
filing of a complaint with the Federal agency to resolution of
the complaint, including whether a decision has been made
regarding disciplinary action as the result of a finding of
discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under
section 7512 of title 5, United States Code, against a Federal
employee for an act of discrimination (including retaliation)
prohibited by a provision of law covered by paragraph (1) or
(2) of section 201(a), the agency shall, after all appeals
relating to that action have been exhausted, include a notation
of the adverse action and the reason for the action in the
personnel record of the employee.''.
(b) Processing and Referral.--The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the
following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency shall--
``(1) be responsible for the fair and impartial
processing and resolution of complaints of employment
discrimination (including retaliation) prohibited by a
provision of law covered by paragraph (1) or (2) of
section 201(a); and
``(2) establish a model Equal Employment
Opportunity Program that--
``(A) is not under the control, either
structurally or practically, of the agency's
Office of Human Capital or Office of the
General Counsel (or the equivalent);
``(B) is devoid of internal conflicts of
interest and ensures fairness and inclusiveness
within the agency; and
``(C) ensures the efficient and fair
resolution of complaints alleging
discrimination (including retaliation).
``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.
``Nothing in this title shall prevent a Federal agency or a
subcomponent of a Federal agency, or the Department of Justice,
from providing advice or counsel to employees of that agency
(or subcomponent, as applicable) in the resolution of a
complaint.
``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment
Opportunity Program shall report directly to the head of the
agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) EEOC Findings of Discrimination.--
``(1) In general.--Not later than 30 days after the
date on which the Equal Employment Opportunity
Commission (referred to in this section as the
`Commission') receives, or should have received, a
Federal agency report required under section 203(c),
the Commission may refer the matter to which the report
relates to the Office of Special Counsel if the
Commission determines that the Federal agency did not
take appropriate action with respect to the finding
that is the subject of the report.
``(2) Notifications.--The Commission shall--
``(A) notify the applicable Federal agency
if the Commission refers a matter to the Office
of Special Counsel under paragraph (1); and
``(B) with respect to a fiscal year,
include in the Annual Report of the Federal
Workforce of the Commission covering that
fiscal year--
``(i) the number of referrals made
under paragraph (1) during that fiscal
year; and
``(ii) a brief summary of each
referral described in clause (i).
``(b) Referrals to Special Counsel.--The Office of Special
Counsel shall accept and review a referral from the Commission
under subsection (a)(1) for purposes of pursuing disciplinary
action under the authority of the Office against a Federal
employee who commits an act of discrimination (including
retaliation).
``(c) Notification.--The Office of Special Counsel shall
notify the Commission and the applicable Federal agency in a
case in which--
``(1) the Office of Special Counsel pursues
disciplinary action under subsection (b); and
``(2) the Federal agency imposes some form of
disciplinary action against a Federal employee who
commits an act of discrimination (including
retaliation).
``(d) Special Counsel Approval.--A Federal agency may not
take disciplinary action against a Federal employee for an
alleged act of discrimination (including retaliation) referred
by the Commission under this section, except in accordance with
the requirements of section 1214(f) of title 5, United States
Code.''.
(c) Conforming Amendments.--The table of contents in
section 1(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) by inserting after the item relating to section
206 the following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
(2) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
SEC. 1138. NONDISCLOSURE AGREEMENT LIMITATION.
Section 2302(b)(13) of title 5, United States Code, is
amended--
(1) by striking ``agreement does not'' and
inserting the following: ``agreement--
``(A) does not'';
(2) in subparagraph (A), as so designated, by
inserting ``or the Office of Special Counsel'' after
``Inspector General''; and
(3) by adding at the end the following:
``(B) prohibits or restricts an employee or
applicant for employment from disclosing to
Congress, the Special Counsel, the Inspector
General of an agency, or any other agency
component responsible for internal
investigation or review any information that
relates to any violation of any law, rule, or
regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or safety,
or any other whistleblower protection; or''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of
surface transportation services.
Sec. 1203. Participation in programs relating to coordination or
exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Modification and extension of support of special operations
for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense
Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization
activities in national security interest of the United States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military
education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of
2017.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation
activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1215. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process
of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in
Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in
Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open
Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving
the Russian Federation.
Sec. 1235. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1236. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign
election interference.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline projects.
Sec. 1243. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1245. Limitation on United States force structure reductions in
Germany.
Sec. 1246. Report on United States military force posture in
Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure
the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong Kong
Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense
relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the
stationing of the Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan
Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense
technological and industrial bases of China and other foreign
adversaries.
Sec. 1260D. Extension of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of
China along the border with India and its growing territorial
claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in
the United States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights,
and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and
intelligence services.
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.
Subtitle I--Global Child Thrive Act of 2020
Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1285. Rule of construction.
Subtitle J--Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number
of United States Armed Forces deployed to United States Africa
Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United
States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in
Yemen.
Sec. 1296. Report on United States military support of the Saudi-led
coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Subtitle K--Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and the
United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition Advisory
Group.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS.
Section 333(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (7) as paragraph
(8);
(2) by inserting after paragraph (6) the following
new paragraph (7):
``(7) Air domain awareness operations.''; and
(3) by adding at the end the following new
paragraph:
``(9) Cyberspace security and defensive cyberspace
operations.''.
SEC. 1202. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE
OF SURFACE TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by inserting after section 2350l
the following new section 2350m:
``Sec. 2350m. Participation in European program on multilateral
exchange of surface transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with
the concurrence of the Secretary of State, may
authorize the participation of the Department of
Defense in the Surface Exchange of Services program (in
this section referred to as the `SEOS program') of the
Movement Coordination Centre Europe.
``(2) Scope of participation.--Participation of the
Department of Defense in the SEOS program under
paragraph (1) may include--
``(A) the reciprocal exchange or transfer
of surface transportation on a reimbursable
basis or by replacement-in-kind; and
``(B) the exchange of surface
transportation services of an equal value.
``(b) Written Arrangement or Agreement.--
``(1) In general.--Participation of the Department
of Defense in the SEOS program shall be in accordance
with a written arrangement or agreement entered into by
the Secretary of Defense, with the concurrence of the
Secretary of State, and the Movement Coordination
Centre Europe.
``(2) Notification.--The Secretary of Defense shall
provide to the congressional defense committees
notification of any arrangement or agreement entered
into under paragraph (1).
``(3) Funding arrangements.--If Department of
Defense facilities, equipment, or funds are used to
support the SEOS program, the written arrangement or
agreement under paragraph (1) shall specify the details
of any equitable cost-sharing or other funding
arrangement.
``(4) Other elements.--Any written arrangement or
agreement entered into under paragraph (1) shall
require that any accrued credits or liability resulting
from an unequal exchange or transfer of surface
transportation services shall be liquidated through the
SEOS program not less than once every five years.
``(c) Implementation.--In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may--
``(1) pay the equitable share of the Department of
Defense for the operating expenses of the Movement
Coordination Centre Europe and the SEOS program from
funds available to the Department of Defense for
operation and maintenance; and
``(2) assign members of the armed forces or
Department of Defense civilian personnel, within
billets authorized for the United States European
Command, to duty at the Movement Coordination Centre
Europe as necessary to fulfill Department of Defense
obligations under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the
Department of Defense as part of the SEOS program shall be
credited, at the option of the Secretary of Defense, to--
``(1) the appropriation, fund, or account used in
incurring the obligation for which such amount is
received; or
``(2) an appropriate appropriation, fund, or
account currently available for the purposes for which
the expenditures were made.
``(e) Annual Report.--
``(1) In general.--Not later than 30 days after the
end of each fiscal year in which the authority under
this section is in effect, the Secretary of Defense
shall submit to the congressional defense committees a
report on Department of Defense participation in the
SEOS program during such fiscal year.
``(2) Elements.--Each report required by paragraph
(1) shall include the following:
``(A) A description of the equitable share
of the costs and activities of the SEOS program
paid by the Department of Defense.
``(B) A description of any amount received
by the Department of Defense as part of such
program, including the country from which the
amount was received.
``(f) Limitation on Statutory Construction.--Nothing in
this section may be construed to authorize the use of foreign
sealift in violation of section 2631.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2350l the following new item:
``2350m. Participation in European program on multilateral exchange of
surface transportation services.''.
SEC. 1203. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR
EXCHANGE OF AIR REFUELING AND AIR TRANSPORTATION
SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1202, is further
amended by adding at the end the following new section:
``Sec. 2350o. Participation in programs relating to coordination or
exchange of air refueling and air transportation
services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with
the concurrence of the Secretary of State, may
authorize the participation of the Department of
Defense in programs relating to the coordination or
exchange of air refueling and air transportation
services, including in the arrangement known as the Air
Transport and Air-to-Air Refueling and other Exchanges
of Services program (in this section referred to as the
`ATARES program').
``(2) Scope of participation.--Participation of the
Department of Defense in programs referred to in
paragraph (1) may include--
``(A) the reciprocal exchange or transfer
of air refueling and air transportation
services on a reimbursable basis or by
replacement-in-kind; and
``(B) the exchange of air refueling and air
transportation services of an equal value.
``(3) Limitations with respect to participation in
atares program.--
``(A) In general.--The Department of
Defense balance of executed flight hours in
participation in the ATARES program under
paragraph (1), whether as credits or debits,
may not exceed a total of 500 hours.
``(B) Air refueling.--The Department of
Defense balance of executed flight hours for
air refueling in participation in the ATARES
program under paragraph (1) may not exceed 200
hours.
``(b) Written Arrangement or Agreement.--Participation of
the Department of Defense in a program referred to in
subsection (a)(1) shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State.
``(c) Implementation.--In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may--
``(1) pay the equitable share of the Department of
Defense for the recurring and nonrecurring costs of the
applicable program referred to in subsection (a)(1)
from funds available to the Department for operation
and maintenance; and
``(2) assign members of the armed forces or
Department of Defense civilian personnel to fulfill
Department obligations under that arrangement or
agreement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter, as amended by section 1202, is
further amended by adding at the end the following new item:
``2350o. Participation in programs relating to coordination or exchange
of air refueling and air transportation services.''.
(c) Repeal.--Section 1276 of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350c note)
is repealed.
SEC. 1204. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1203, is further
amended by adding at the end the following new section:
``Sec. 2350p. Reciprocal patient movement agreements
``(a) Authority.--Subject to the availability of
appropriations, the Secretary of Defense, with the concurrence
of the Secretary of State, may enter into a bilateral or
multilateral memorandum of understanding or other formal
agreement with one or more governments of partner countries
that provides for--
``(1) the interchangeable, nonreimbursable use of
patient movement personnel, either individually or as
members of a patient movement crew or team, and
equipment, belonging to one partner country to perform
patient movement services aboard the aircraft, vessels,
or vehicles of another partner country;
``(2) the reciprocal recognition and acceptance of
--
``(A) national professional credentials,
certifications, and licenses of patient
movement personnel; and
``(B) national certifications, approvals,
and licenses of equipment used in the provision
of patient movement services; and
``(3) the acceptance of agreed-upon standards for
the provision of patient movement services by aircraft,
vessel, or vehicle, including, as determined to be
beneficial and otherwise permitted by law, the
harmonization of patient treatment standards and
procedures.
``(b) Certification.--(1) Before entering into a memorandum
of understanding or other formal agreement with the government
of a partner country under this section, the Secretary of
Defense shall certify in writing that the professional
credentials, certifications, licenses, and approvals for
patient movement personnel and patient movement equipment of
the partner country--
``(A) meet or exceed the equivalent standards of
the United States for similar personnel and equipment;
and
``(B) will provide for a level of care comparable
to, or better than, the level of care provided by the
Department of Defense.
``(2) A certification under paragraph (1) shall be--
``(A) submitted to the appropriate committees of
Congress not later than 15 days after the date on which
the Secretary of Defense makes the certification; and
``(B) reviewed and recertified by the Secretary of
Defense not less frequently than annually.
``(c) Suspension.--If the Secretary of Defense is unable to
recertify a partner country as required by subsection
(b)(2)(B), use of the personnel or equipment of the partner
country by the Department of Defense under a memorandum of
understanding or other formal agreement concluded pursuant to
subsection (a) shall be suspended until the date on which the
Secretary of Defense is able to recertify the partner country.
``(d) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the congressional defense committees;
and
``(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
``(2) Partner country.--The term `partner country'
means any of the following:
``(A) A member country of the North
Atlantic Treaty Organization.
``(B) Australia.
``(C) Japan.
``(D) New Zealand.
``(E) The Republic of Korea.
``(F) Any other country designated as a
partner country by the Secretary of Defense,
with the concurrence of the Secretary of State,
for purposes of this section.
``(3) Patient movement.--The term `patient
movement' means the act or process of moving wounded,
ill, injured, or other persons (including contaminated,
contagious, and potentially exposed patients) to obtain
medical, surgical, mental health, or dental care or
treatment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter, as amended by section 1203, is
further amended by adding at the end the following new item:
``2350p. Reciprocal patient movement agreements.''.
SEC. 1205. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY.
Section 350(b) of title 10, United States Code, is amended
by striking ``that are'' and all that follows through the
period at the end and inserting ``that are--
``(1) members of the North Atlantic Treaty
Organization;
``(2) signatories to the Partnership for Peace
Framework Documents; or
``(3)(A) within the United States Africa Command
area of responsibility; and
``(B) eligible for assistance under chapter 5 of
part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.).''.
SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
(a) In General.--Section 344 of title 10, United States
Code, is amended--
(1) in the section heading, by striking
``multinational military centers of excellence'' and
inserting ``multinational centers of excellence'';
(2) by striking ``multinational military center of
excellence'' each place it appears and inserting
``multinational center of excellence'';
(3) by striking ``multinational military centers of
excellence'' each place it appears and inserting
``multinational centers of excellence'';
(4) in subsection (b)(1), by inserting ``or entered
into by the Secretary of State,'' after ``Secretary of
State,'';
(5) in subsection (e)--
(A) in the subsection heading, by striking
``Multinational Military Center Of Excellence''
and inserting ``Multinational Center Of
Excellence'';
(B) by redesignating paragraphs (1) through
(4) as subparagraphs (A) through (D),
respectively, and moving such subparagraphs two
ems to the right;
(C) in the matter preceding subparagraph
(A), as so redesignated, by striking ``means an
entity'' and inserting ``means--
``(1) an entity'';
(D) in subparagraph (C), as so
redesignated, by striking ``; and'' and
inserting a semicolon;
(E) in subparagraph (D), as so
redesignated, by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following new
paragraph:
``(2) the European Centre of Excellence for
Countering Hybrid Threats, established in 2017 and
located in Helsinki, Finland.'';
(6) by redesignating subsection (e) as subsection
(f); and
(7) by inserting after subsection (d) the following
new subsection:
``(e) Notification.--Not later than 30 days before the date
on which the Secretary of Defense authorizes participation
under subsection (a) in a new multinational center of
excellence, the Secretary shall notify the congressional
defense committees of such participation.''.
(b) Conforming Amendment.--Title 10, United States Code, is
amended, in the table of sections at the beginning of
subchapter V of chapter 16, by striking the item relating to
section 344 and inserting the following:
``344. Participation in multinational centers of excellence.''.
SEC. 1207. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS
FOR IRREGULAR WARFARE.
(a) Authority.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1639) is amended by striking
``$10,000,000'' and inserting ``$15,000,000''.
(b) Notification.--Subsection (d)(2) of such section is
amended--
(1) by redesignating subparagraph (E) as
subparagraph (G);
(2) by inserting after subparagraph (D) the
following:
``(E) A description of steps taken to
ensure the support is consistent with other
United States national security interests,
including issues related to human rights.
``(F) A description of steps taken to
ensure that the recipients of the support have
not engaged in human rights violations, to
include the conduct of periodic reviews as a
means to investigate allegations of violations
and processes and procedures to modify support
in case of credible reports of violations.'';
and
(3) in clause (i) of subparagraph (G), as
redesignated, to read as follows:
``(i) An introduction of United
States Armed Forces (including as such
term is defined in section 8(c) of the
War Powers Resolution (50 U.S.C.
1547(c))) into hostilities, or into
situations where hostilities are
clearly indicated by the circumstances,
without specific statutory
authorization within the meaning of
section 5(b) of such Resolution (50
U.S.C. 1544(b)).''.
(c) Construction of Authority.--Subsection (f)(2) of such
section is amended by striking ``of section 5(b)''.
SEC. 1208. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES.
Section 1276 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1699) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by adding at the
end the following new sentence: ``Such
description may include, if applicable, a
description of the priority United States
security or defense cooperation interest with
the recipient country that is fulfilled by the
waiver.''; and
(B) by striking subparagraph (B) and
inserting the following:
``(B) An explanation of the reasons for
which it is in the national interest of the
United States to make the transfer
notwithstanding the requirements of subsection
(a)(1).'';
(2) by inserting after subsection (b)(2) the
following new paragraph:
``(3) Delegation of authority.--The President may
delegate the waiver authority provided by this
subsection to the Secretary of Defense.''; and
(3) in subsection (c)(2), by striking ``three'' and
inserting ``four''.
SEC. 1209. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF
DEFENSE FREEDOM OF NAVIGATION REPORT.
(a) Elements.--Subsection (b) of section 1275 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2540) is amended--
(1) in paragraph (1), by inserting ``the number of
maritime and overflight challenges to each such claim
and'' before ``the country'';
(2) in paragraph (5), by inserting ``have been
protested by the United States but'' before ``have not
been challenged''; and
(3) by adding at the end the following:
``(6) A summary of each excessive maritime claim
challenged jointly with international partners and
allies.''.
(b) Form.--Subsection (c) of such section is amended by
adding at the end before the period the following: ``and made
publicly available''.
(c) Sunset.--Subsection (d) of such section is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2025''.
SEC. 1210. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Funds Available for Support.--Subsection (b) of section
1226 of the National Defense Authorization Act for Fiscal Year
2016 (22 U.S.C. 2151 note) is amended to read as follows:
``(b) Funds Available for Support.--Amounts to provide
support under the authority of subsection (a) may be derived
only from amounts authorized to be appropriated and available
for operation and maintenance, Defense-wide.''.
(b) Extension.--Subsection (h) of such section is amended
by striking ``December 31, 2021'' and inserting ``December 31,
2023''.
SEC. 1210A. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY
INTEREST OF THE UNITED STATES.
Subsection (h) of section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1628) is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 1210B. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT.
Section 1250(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529)
is amended by striking ``through 2021'' and inserting ``through
2026''.
SEC. 1210C. PLAN TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY
EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
appropriate congressional committees a plan to increase the
number of foreign female participants receiving training under
the International Military Education and Training program
authorized under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.) and any other military
exchange program offered to foreign participants, with the goal
of doubling such participation over the 10-year period
beginning on the date of the enactment of this Act.
(b) Interim Progress Reports.--Not later than 2 years after
the date of the submission of the plan required by subsection
(a), and every 2 years thereafter until the end of the 10-year
period beginning on the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that includes the most recently available
data on foreign female participation in activities conducted
under the International Military Education and Training program
and any other military exchange programs and describes the
manner and extent to which the goal described in subsection (a)
has been achieved as of the date of the submission of the
report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
SEC. 1210D. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK
COUNTRIES.
(a) Statement of Policy.--It is the policy of the United
States that the Department of State, in coordination with the
Department of Defense and the United States Agency for
International Development, should address global fragility, as
required by the Global Fragility Act of 2019 and, to the extent
practicable, incorporate efforts to identify, prevent, and
respond to the causes of atrocities, as required by section 3
of the Elie Wiesel Genocide and Atrocities Prevention Act of
2018 (22 U.S.C. 2656 note), into security assistance and
cooperation planning and implementation for covered foreign
countries.
(b) In General.--The Secretary of State, in consultation
with chiefs of mission and the Administrator of the United
States Agency for International Development, shall ensure that
the Department of State's Atrocity Assessment Framework is
factored into the Integrated Country Strategy and the Country
Development Cooperation Strategy where appropriate for covered
foreign countries.
(c) Report.--
(1) In general.--Section 5 of the Elie Wiesel
Genocide and Atrocities Prevention Act of 2018 is
amended--
(A) by amending subparagraph (E) of
subsection (a)(1) to read as follows:
``(E) countries and regions at risk of
atrocities, including covered foreign
countries, and a description of specific risk
factors, at risk groups, likely scenarios in
which atrocities would occur, and efforts taken
by the Board or relevant Federal agencies to
prevent such atrocities; and''; and
(B) by adding at the end the following new
subscection:
``(d) Covered Foreign Country Defined.--The term `covered
foreign country' means a foreign country that is not listed as
a priority country under section 505 of the Global Fragility
Act of 2019 (22 U.S.C. 9804) but remains among the top 30 most
at risk countries for new onset of mass killing, according to
the Department of State's internal assessments, and in
consultation with the Committee on Foreign Affairs and the
Committee on Armed Services of the House of Representatives and
the Committee on Foreign Relations and the Committee on Armed
Services of the Senate.''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect and apply beginning
with the first report required under section 5 of the
Elie Wiesel Genocide and Atrocities Prevention Act of
2018 that is required after the date of the enactment
of this Act.
(d) Stakeholder Consultation.--Consistent with section
504(b) of the Global Fragility Act of 2019 (22 U.S.C. 9803(b)),
the Secretary of State and other relevant agencies should
consult with credible representatives of civil society with
experience in atrocities prevention and national and local
governance entities, as well as relevant international
development organizations with experience implementing programs
in fragile and violence-affected communities, multilateral
organizations and donors, and relevant private, academic, and
philanthropic entities, as appropriate, in identifying covered
foreign countries as defined in this section.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
(2) Covered foreign country.--The term ``covered
foreign country'' means a foreign country that is not
listed as a priority country under section 505 of the
Global Fragility Act of 2019 (22 U.S.C. 9804) but
remains among the top 30 most at risk countries for new
onset of mass killing, according to the Department of
State's internal assessments, and in consultation with
the appropriate congressional committees.
SEC. 1210E. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY ACT OF
2017.
(a) In General.--During the period beginning on the date of
the enactment of this Act and ending on September 30, 2025, the
Secretary of Defense shall undertake activities consistent with
the Women, Peace, and Security Act of 2017 (Public Law 115-68;
131 Stat. 1202) and with the guidance specified in this
section, including--
(1) implementation of the Department of Defense
plan entitled ``Women, Peace, and Security Strategic
Framework and Implementation Plan'' published in June
2020, or any successor plan;
(2) establishing Department of Defense-wide
policies and programs that advance the implementation
of the Act, including military doctrine and Department-
specific and combatant command-specific programs;
(3) ensuring the Department has sufficient
qualified personnel to advance implementation of that
Act, including by hiring and training full-time
equivalent personnel, as necessary, and establishing
roles, responsibilities, and requirements for such
personnel;
(4) as appropriate, the deliberate integration of
relevant training curriculum for members of the Armed
Forces across all ranks; and
(5) security cooperation activities that further
the implementation of that Act.
(b) Building Partner Defense Institution and Security Force
Capacity.--
(1) Incorporation of gender analysis and
participation of women into security cooperation
activities.--Consistent with the Women, Peace, and
Security Act of 2017 (Public Law 115-68; 131 Stat.
1202), the Secretary of Defense, in coordination with
the Secretary of State, shall incorporate participation
by women and the analysis described in the Women's
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115-428; 132 Stat. 5509) into the
institutional and national security force capacity-
building activities of security cooperation programs
carried out under title 10, United States Code,
including, as appropriate, by--
(A) incorporating gender analysis and
women, peace, and security priorities into
educational and training materials and programs
authorized by section 333 of title 10, United
States Code;
(B) advising on the recruitment,
employment, development, retention, and
promotion of women in such national security
forces, including by--
(i) identifying existing military
career opportunities for women;
(ii) exposing women and girls to
careers available in such national
security forces and the skills
necessary for such careers; and
(iii) encouraging women's and
girls' interest in such careers by
highlighting as role models women of
the United States and applicable
foreign countries in uniform;
(C) addressing sexual harassment and abuse
against women within such national security
forces;
(D) integrating gender analysis into
security sector policy, planning, and training
for such national security forces; and
(E) improving infrastructure to address the
requirements of women serving in such national
security forces, including appropriate
equipment for female security and police
forces.
(2) Barriers and opportunities.--Partner country
assessments conducted in the course of Department
security cooperation activities to build the capacity
of the national security forces of foreign countries
shall include attention to the barriers and
opportunities with respect to strengthening
recruitment, employment, development, retention, and
promotion of women in the military forces of such
partner countries.
(c) Department-wide Policies on Women, Peace, and
Security.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall initiate
a process to establish standardized policies described in
subsection (a)(2).
(d) Funding.--The Secretary of Defense may use funds
authorized to be appropriated in each fiscal year to the
Department of Defense for operation and maintenance as
specified in the table in section 4301 for carrying out the
full implementation of the Women, Peace, and Security Act of
2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on
the matters described in paragraphs (1) through (5) of
subsection (a) and subparagraphs (A) through (E) of subsection
(b)(1).
(e) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
2025, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the steps the Department has
taken to implement the Women, Peace, and Security Act of 2017,
including--
(1) implementation of defense lines of effort
outlined in the June 2020 Department of Defense
``Women, Peace, and Security Strategic Framework and
Implementation Plan'' and described in paragraphs (1)
through (5) of subsection (a) and subparagraphs (A)
through (E) of subsection (b)(1), as appropriate; and
(2) an enumeration of the funds used in such
implementation and an identification of funding
shortfalls, if any, that may inhibit implementation.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 393) is amended by striking ``beginning
on October 1, 2019, and ending on December 31, 2020'' and
inserting ``beginning on October 1, 2020, and ending on
December 31, 2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``beginning on October 1, 2019, and
ending on December 31, 2020'' and inserting ``beginning
on October 1, 2020, and ending on December 31, 2021'';
and
(2) by striking ``$450,000,000'' and inserting
``$180,000,000''.
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.
(a) In General.--Section 602(b)(3)(F) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2020'' and
inserting ``2021'';
(2) in the matter preceding clause (i), by striking
``22,500'' and inserting ``22,620'';
(3) in clause (i), by striking ``December 31,
2021'' and inserting ``December 31, 2022''; and
(4) in clause (ii), the striking ``December 31,
2021'' inserting ``December 31, 2022''.
(b) Report Extension.--Section 602(b)(13) of such Act (8
U.S.C. 1101 note) is amended by striking ``January 31, 2021''
and inserting ``January 31, 2023''.
SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION
ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN.
(a) Modification of Authority To Provide Covered Support.--
Subsection (a) of section 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 132
Stat. 1633) is amended--
(1) by striking the subsection designation and
heading and all that follows through ``The Secretary of
Defense'' and inserting the following:
``(a) Authority To Provide Covered Support.--
``(1) In general.--Subject to paragraph (2), the
Secretary of Defense''; and
(2) by adding at the end the following new
paragraph:
``(2) Limitation on use of funds.--Amounts
authorized to be appropriated or otherwise made
available for the Department of Defense by this Act may
not be obligated or expended to provide covered support
until the date on which the Secretary of Defense
submits to the appropriate committees of Congress the
report required by subsection (b).''.
(b) Participation in Reconciliation Activities.--Such
section is further amended--
(1) by redesignating subsections (i) through (k) as
subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following
new subsection (i):
``(i) Participation in Reconciliation Activities.--Covered
support may only be used to support a reconciliation activity
that--
``(1) includes the participation of members of the
Government of Afghanistan; and
``(2) does not restrict the participation of
women.''.
(c) Extension.--Subsection (k) of such section, as so
redesignated, is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
(d) Exclusions From Covered Support.--Such section is
further amended in paragraph (2)(B) of subsection (l), as so
redesignated--
(1) in clause (ii), by inserting ``, reimbursement
for travel or lodging, and stipends or per diem
payments'' before the period at the end; and
(2) by adding at the end the following new clause:
``(iii) Any activity involving one
or more members of an organization
designated as a foreign terrorist
organization pursuant to section 219 of
the Immigration and Nationality Act (8
U.S.C. 1189) or an individual
designated as a specially designated
global terrorist pursuant to Executive
Order 13224 (50 U.S.C. 1701 note;
relating to blocking property and
prohibiting transactions with persons
who commit, threaten to commit, or
support terrorism).''.
SEC. 1214. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.
Section 1201 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619) is
amended--
(1) in subsection (a)--
(A) by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(B) by striking ``$2,500,000'' and
inserting ``$2,000,000'';
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through
the period at the end of paragraph (1) and inserting
the following:
``(b) Quarterly Reports.--
``(1) In general.--Beginning in fiscal year 2021,
not later than 45 days after the end of each quarter
fiscal year, the Secretary of Defense shall submit to
the congressional defense committees a report regarding
the source of funds and the allocation and use of funds
during that quarter fiscal year that were made
available pursuant to the authority provided in this
section or under any other provision of law for the
purposes of the program under subsection (a).''; and
(3) in subsection (f), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 1215. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO
AFGHANISTAN.
(a) Limitation.--Until the date on which the Secretary of
Defense, in consultation with the Secretary of State and the
Director of National Intelligence, submits to the appropriate
congressional committees the report described in subsection
(b), none of the amounts authorized to be appropriated for
fiscal year 2020 or 2021 for the Department of Defense may be
obligated or expended for any activity having either of the
following effects:
(1) Reducing the total number of Armed Forces
deployed to Afghanistan below the lesser of--
(A) 4,000; or
(B) the total number of the Armed Forces
deployed as of the date of the enactment of
this Act.
(2) Reducing the total number of Armed Forces
deployed to Afghanistan below 2,000.
(b) Report.--The report described in this subsection shall
include each of the following:
(1) An assessment of the effect that such a
reduction would have on--
(A) the ongoing United States
counterterrorism mission against the Islamic
State, al-Qaeda, and associated forces;
(B) the risk to United States personnel in
Afghanistan;
(C) the risk for the expansion of existing
or formation of new international terrorist
safe havens inside Afghanistan;
(D) the role of United States allies and
partners supporting the United States- and
North Atlantic Treaty Organization-led
missions, including international financial
support the Afghan National Defense and
Security Forces require in order to maintain
operational capabilities and combat
effectiveness;
(E) United States national security and
United States policy toward achieving an
enduring diplomatic solution in Afghanistan;
(F) the threat posed by the Taliban and
other terrorist organizations in Afghanistan to
United States national security interests and
to those of United States allies and partners;
(G) the capacity of the Afghan National
Defense and Security Forces to effectively--
(i) prevent or defend against
attacks by the Taliban or other
terrorist organizations on civilian
populations;
(ii) conduct counterterrorism
operations necessary to deny safe
harbor to terrorist organizations that
the intelligence community assesses
pose a threat to the United States and
United States interests;
(iii) sustain equipment, personnel,
and capabilities; and
(iv) protect the sovereignty of
Afghanistan;
(H) the influence of Afghanistan's
neighbors and near neighbors on the sovereignty
of Afghanistan and the strategic national
security interests of the United States in the
region.
(2) A plan for the orderly transition of all
security-related tasks currently undertaken by the
Armed Forces of the United States and nations
contributing troops to the Resolute Support Mission in
support of the Afghan National Defense and Security
Forces to the Government of Afghanistan.
(3) An update on the status of any United States
citizens detained in Afghanistan and an overview of
Administration efforts to secure their release.
(4) An assessment by the intelligence community of
the manner and extent to which state actors have
provided any incentives to the Taliban, their
affiliates, or other foreign terrorist organizations
for attacks against United States, coalition, or Afghan
security forces or civilians in Afghanistan in the last
2 years, including the details of any attacks believed
to have been connected with such incentives.
(5) Any other matter the Secretary of Defense
determines appropriate.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may contain a classified annex.
(d) Waiver.--The President may waive the limitation under
subsection (a) if the President submits to the appropriate
congressional committees--
(1) a written determination that the waiver is
important to the national security interests of the
United States; and
(2) a detailed explanation of how the waiver
furthers those interests.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of
the Senate;
(2) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate; and
(3) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
SEC. 1216. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL
PROCESS OF CULTURAL OBJECTS.
(a) In General.--The Act of October 19, 1965, entitled ``An
Act to render immune from seizure under judicial process
certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for
other purposes'' (22 U.S.C. 2459; 79 Stat. 985) is amended--
(1) in subsection (a)--
(A) by striking ``the temporary exhibition
or display thereof'' each place it appears and
inserting ``temporary storage, conservation,
scientific research, exhibition, or display'';
(B) by striking ``cultural or educational
institutions'' and inserting ``cultural,
educational, or religious institutions with the
capacity to appropriately curate such object'';
and
(C) by striking ``any such cultural or
educational institution'' and inserting ``any
such cultural, educational, or religious
institution with the capacity to appropriately
curate such object''; and
(2) by adding at the end the following:
``(d) For purposes of this section, the terms `imported'
and `importation' include a transfer from a mission of a
foreign country located within the United States to a cultural,
educational, or religious institution located within the United
States.''.
(b) Afghanistan.--
(1) In general.--A work of art or other object of
cultural significance that is imported into the United
States for temporary storage, conservation, scientific
research, exhibition, or display shall be deemed to be
immune from seizure under such Act of October 19, 1965
(22 U.S.C. 2459) (as amended by subsection (a)), and
the provisions of such Act shall apply in the same
manner and to the same extent to such work or object,
if--
(A) the work or object is exported from
Afghanistan with an export permit or license
duly issued by the Government of Afghanistan;
and
(B)(i) an agreement is entered into between
the Government of Afghanistan and the cultural,
educational, or religious institution with the
capacity to appropriately curate such object
within the United States that specifies the
conditions for such material to be returned to
Afghanistan; or
(ii) the work or object is transferred to a
cultural, educational, or religious institution
with the capacity to appropriately curate such
object in the United States in accordance with
an agreement described in clause (i) that also
includes an authorization to transfer such work
or object to other such institutions in the
United States.
SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN
OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE
PROCESS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) Government of afghanistan.--The term
``Government of Afghanistan'' means the Government of
the Islamic Republic of Afghanistan and its agencies,
instrumentalities, and controlled entities.
(3) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers
to itself as the ``Islamic Emirate of
Afghanistan'', that was founded by Mohammed
Omar, and that is currently led by Mawlawi
Hibatullah Akhundzada; and
(B) includes subordinate organizations,
such as the Haqqani Network, and any successor
organization.
(4) February 29 agreement.--The term ``February 29
Agreement'' refers to the political arrangement between
the United States and the Taliban titled ``Agreement
for Bringing Peace to Afghanistan Between the Islamic
Emirate of Afghanistan which is not recognized by the
United States as a state and is known as the Taliban
and the United States of America'' signed at Doha,
Qatar on February 29, 2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant
to the february 29 agreement.--Not later than January
10, 2021, the Secretary of State, in consultation with
the Secretary of Defense, shall certify to the
appropriate congressional committees that all materials
relevant to the February 29 Agreement have been
submitted to such committees. If the Secretary of State
cannot so certify because materials relevant to the
February 29 Agreement have not been submitted, the
Secretary of State, in consultation with the Secretary
of Defense, shall submit such materials not later than
January 15, 2021.
(2) Submission to congress of any subsequent
agreements involving the taliban.--The Secretary of
State shall submit to the appropriate congressional
committees, within 5 days of conclusion and on an
ongoing basis thereafter, any agreement or arrangement
subsequent to the February 29 Agreement involving the
Taliban, as well as materials relevant to any
subsequent agreement or arrangement involving the
Taliban.
(3) Definitions.--In this subsection, the terms
``materials relevant to the February 29 Agreement'' and
``materials relevant to any subsequent agreement or
arrangement'' include all annexes, appendices, and
instruments for implementation of the February 29
Agreement or a subsequent agreement or arrangement, as
well as any understandings or expectations related to
the February 29 Agreement or a subsequent agreement or
arrangement.
(c) Report on Verification and Compliance.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, and not less
frequently than once every 120 days thereafter, the
President shall submit to the appropriate congressional
committees a report verifying whether the key tenets of
the February 29 Agreement, or subsequent agreements or
arrangements, and accompanying instruments for
implementation are being upheld.
(2) Elements.--Each report required by paragraph
(1) shall include the following:
(A) An assessment of each of the following:
(i) The Taliban's compliance with
the February 29 Agreement, including
counterterrorism guarantees and
guarantees to deny safe haven and
freedom of movement to al-Qaeda and
other terrorist threats from operating
on territory under its influence.
(ii) Whether the United States
intelligence community has collected
intelligence indicating the Taliban
does not intend to uphold its
commitments.
(iii) The current relationship
between the Taliban and al-Qaeda,
including an assessment of the
relationship between the Haqqani
Network and al-Qaeda.
(iv) The relationship between the
Taliban and any other terrorist group
that is assessed to threaten the
security of the United States or its
allies, including any change in conduct
since February 29, 2020.
(v) The status of intra-Afghan
discussions, including, in the event an
intra-Afghan governing agreement is
achieved, an assessment of the
sustainability of such agreement.
(vi) The status of human rights,
including the rights of women,
minorities, and youth.
(vii) The access of women,
minorities, and youth to education,
justice, and economic opportunities in
Afghanistan.
(viii) The status of the rule of
law and governance structures at the
central, provincial, and district
levels of government.
(ix) The media and the press and
civil society's operating space in
Afghanistan.
(x) Illicit narcotics production in
Afghanistan, its linkages to terrorism,
corruption, and instability, and
policies to counter illicit narcotics
flows.
(xi) Any efforts by Iran, China,
Russia, or any other external actor to
affect the February 29 Agreement.
(xii) The efforts of the Government
of Afghanistan to fulfill the
commitments under the Joint Declaration
between the Islamic Republic of
Afghanistan and the United States of
America for Bringing Peace to
Afghanistan, issued on February 29,
2020.
(xiii) The progress made by the
Afghanistan Ministry of Interior and
the Office of the Attorney General to
address gross violations of human
rights by civilian security forces, the
Taliban, and nongovernment armed
groups, including--
(I) an analysis of
resources provided by the
Government of Afghanistan for
such efforts; and
(II) a summary of
assistance provided by the
United States Government to
support such efforts.
(B) The number of Taliban and Afghan
prisoners and any plans for the release of such
prisoners from either side.
(C) A detailed overview of Afghan national-
level efforts to promote transitional justice,
including forensic efforts and documentation of
war crimes, mass killings, or crimes against
humanity, redress to victims, and
reconciliation activities.
(D) A detailed overview of United States
support for Government of Afghanistan and civil
society efforts to promote peace and justice at
the local level and the manner in which such
efforts inform government-level policies and
negotiations.
(3) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(d) Rule of Construction.--Nothing in this section shall
prejudice whether a subsequent agreement or arrangement
involving the Taliban constitutes a treaty for purposes of
Article II of the Constitution of the United States.
(e) Sunset.--Except for subsections (b) and (d), the
provisions of this section shall cease to be effective on the
date that is 5 years after the date of the enactment of this
Act.
SEC. 1218. STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN RIGHTS IN
AFGHANISTAN.
(a) In General.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development and other relevant Federal
departments and agencies, shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate not later than 120
days after a final Afghan Reconciliation Agreement is reached
between the Government of Afghanistan and the Taliban, a
strategy to support the protection and promotion of basic human
rights in Afghanistan, especially the human rights of women and
girls.
(b) Required Elements.--The Secretary of State shall seek
to ensure that activities carried out under the strategy--
(1) employ rigorous monitoring and evaluation
methodologies, including ex-post evaluation, and gender
analysis as defined by the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428)
and required by the U.S. Strategy on Women, Peace, and
Security;
(2) disaggregate all data collected and reported by
age, gender, marital and motherhood status, disability,
and urbanity, to the extent practicable and
appropriate; and
(3) advance the principles and objectives specified
in the Policy Guidance on Promoting Gender Equality of
the Department of State and the Gender Equality and
Female Empowerment Policy of the United States Agency
for International Development.
SEC. 1219. MODIFICATION TO REPORT ON ENHANCING SECURITY AND STABILITY
IN AFGHANISTAN.
Section 1225(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3550) is amended by adding at
the end the following:
``(10) Civilian casualties.--
``(A) An analysis of civilian casualties
caused by--
``(i) the Afghan National Defense
and Security Forces; and
``(ii) the Taliban and other
terrorist organizations in Afghanistan.
``(B) A description of current training and
advisory efforts to improve the Government of
Afghanistan's capability to minimize civilian
casualties and other harm to civilians and
civilian infrastructure in compliance with the
laws of armed conflict, to include its
principles of military necessity,
proportionality, and distinction, and any gaps
or weaknesses in Afghanistan's capability to
minimize civilian casualties and other such
harm.
``(C) An assessment of the progress of
implementation of the Government of
Afghanistan's National Civilian Casualty and
Mitigation and Prevention Policy.
``(D) An assessment of the Government of
Afghanistan's capacity and mechanisms to assess
and investigate reports of civilian casualties.
``(11) District-level stability assessment.--
``(A) In general.--The production of a
district-level stability assessment that
displays the level of Government of Afghanistan
versus insurgent control and influence of
districts that the Department of Defense
discontinued in 2018, to include district,
population, and territorial control data.
``(B) Public availability.--The Secretary
of Defense shall make publicly available the
assessments and data relating to the
assessments described in subparagraph (A).
``(12) Other matters.--Any other matters the
Secretary of Defense determines to be relevant.''.
SEC. 1220. REPORT ON OPERATION FREEDOM'S SENTINEL.
(a) Fiscal Year 2021.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a report on Operation Freedom's Sentinel for fiscal year
2021.
(b) Fiscal Years 2022 and 2023.--To accompany the materials
relating to Operation Freedom's Sentinel submitted to Congress
by the Secretary of Defense in support of the budget of the
President (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) for fiscal year 2022 and fiscal
year 2023, the Secretary shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate a report on Operation Freedom's
Sentinel.
(c) Matters To Be Included.--The report required by
subsection (a) and each report required by subsection (b) shall
include a list and description of activities, exercises, and
funding amounts carried out under the operation, including--
(1) specific direct war costs;
(2) activities that occur in Afghanistan;
(3) activities that occur outside of Afghanistan,
including training and costs relating to personnel;
(4) activities that are funded by any of the
services that are part of the operation's budget
request;
(5) activities related to transportation,
logistics, and other support; and
(6) any other matters the Secretary determines to
be relevant.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3558) is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''; and
(2) by striking ``$645,000,000'' and inserting
``$322,500,000''.
(c) Waiver Authority; Scope.--Subsection (j)(3) of such
section is amended--
(1) by striking ``congressional defense
committees'' each place it appears and inserting
``appropriate congressional committees''; and
(2) by adding at the end the following:
``(C) Appropriate congressional committees
defined.--In this paragraph, the term
`appropriate congressional committees' means--
``(i) the Committee on Armed
Services, the Committee on Foreign
Affairs, and the Committee on
Appropriations of the House of
Representatives; and
``(ii) the Committee on Armed
Services, the Committee on Foreign
Relations, and the Committee on
Appropriations of the Senate.''.
(d) Report and Budget Details Regarding Operation Inherent
Resolve.--
(1) Report required.--At the same time as the
submission of the budget of the President (as submitted
to Congress pursuant to section 1105 of title 31,
United States Code) for fiscal year 2022 and each
fiscal year thereafter, the Secretary of Defense shall
submit a report with accompanying budgetary details
regarding Operation Inherent Resolve.
(2) Elements of report.--At a minimum, the report
required by paragraph (1) shall include--
(A)(i) for the first report, a history of
the operation and its objectives; and
(ii) for each subsequent report, a
description of the operation and its objectives
during the prior fiscal year;
(B) a detailed description of the weapons
and equipment purchased using the Counter-ISIS
Train and Equip Fund in the prior fiscal year;
(C) a list and description of activities
and exercises carried out under the operation
during the prior fiscal year;
(D) a description of the purpose and goals
of such activities and exercises and an
assessment of the degree to which stated goals
were achieved during the prior fiscal year;
(E) a description of criteria used to judge
the effectiveness of joint exercises and other
efforts to build partner capacity under the
operation during the prior fiscal year;
(F) a description of the forces deployed
under the operation, their deployment
locations, and activities undertaken;
(G) the information required under
paragraph (3); and
(H) any other matters the Secretary
determines appropriate.
(3) Elements of budgetary details.--At a minimum,
the budgetary details accompanying the report required
by paragraph (1)--
(A) shall include--
(i) a description of expenditures
related to the operation for the fiscal
year preceding the fiscal year of the
budget covered by the report;
(ii) with respect to the amount
requested for the operation in the
budget covered by the report--
(I) any significant change
in methodology used to
determine the budgetary details
included in the report and the
categories used to organize
such details; and
(II) a narrative
justification for any
significant changes in the
amount requested as compared to
the amount requested and the
amount expended for the fiscal
year preceding the fiscal year
of the budget covered by the
report; and
(iii) with respect to the estimated
direct and indirect expenditures for
the operation in the budget covered by
the report--
(I) detailed information on
the estimated direct
expenditures and indirect
expenditures broken down by
category (including with
respect to operations, force
protection, in-theater support,
equipment reset and readiness,
military construction,
mobilization, incremental and
total deployment costs, and
exercises) and any additional
accounts and categories the
Secretary determines to be
relevant; and
(II) a description of the
methodology and metrics used by
the Secretary to define the
contribution of indirect costs
to the operation or an
explanation of pro-rated
amounts based on the level of
support provided to the
operation; and
(B) may include a breakdown of expenditures
and the amount requested for the operation in
the budget covered by the report by line item,
including with respect to procurement accounts,
military personnel accounts, operation and
maintenance accounts, research, development,
test, and evaluation accounts, and military
construction accounts.
(4) Form.--The report and accompanying budget
details required by paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(5) Sunset.--The requirements of this subsection
shall terminate on the date on which Operation Inherent
Resolve (or a successor operation) concludes.
(6) Definitions.--In this subsection:
(A) The term ``direct expenditures'' means,
with respect to amounts expended or estimated
to be expended for Operation Inherent Resolve,
amounts used directly for supporting counter-
ISIS activities and missions.
(B) The term ``indirect expenditures''
means, with respect to amounts expended or
estimated to be expended for Operation Inherent
Resolve, amounts used for programs or
activities that the Secretary of Defense
determines enable the Armed Forces to carry out
the operation.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) In General.--Section 1209 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is
amended--
(1) in the section heading, by striking ``the
vetted syrian opposition'' and inserting ``vetted
syrian groups and individuals''; and
(2) in subsection (a), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
(b) Notice Before Provision of Assistance.--Subsection
(b)(2)(A) of such section is amended--
(1) by striking ``10-percent'' and inserting ``25-
percent''; and
(2) by striking ``fiscal year 2019 or fiscal year
2020'' and inserting ``fiscal year 2019, fiscal year
2020, or fiscal year 2021''.
(c) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
certify to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives that no United
States military forces are being used or have been used for the
extraction, transport, transfer, or sale of oil from Syria.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year 2012
(10 U.S.C. 113 note) is amended--
(1) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''; and
(2) by striking ``$30,000,000'' and inserting
``$25,000,000''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''.
(c) Limitation on Availability of Funds.--Subsection (h) of
such section is amended to read as follows:
``(h) Limitation on Availability of Funds.--Of the amount
made available for fiscal year 2021 to carry out this section,
not more than $15,000,000 may be obligated or expended for the
Office of Security Cooperation in Iraq until the date on which
the Secretary of Defense provides to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate the following:
``(1) A staffing plan to reorganize the Office in a
manner similar to that of other security cooperation
offices in the region that--
``(A) emphasizes the placement of personnel
with regional or security cooperation expertise
in key leadership positions;
``(B) closes duplicative or extraneous
sections;
``(C) includes the number and type of
validated billets funded by the Department of
Defense necessary to support the Office; and
``(D) outlines the process and provides a
timeline for validating billets funded by the
Department of State necessary to support the
Office.
``(2) A progress report with respect to the
initiation of bilateral engagement with the Government
of Iraq with the objective of establishing a joint
mechanism for security assistance planning, including a
five-year security assistance roadmap for developing
sustainable military capacity and capabilities and
enabling defense institution building and reform.
``(3) A plan to transition the preponderance of
funding for the activities of the Office from current
sources to the Foreign Military Financing
Administrative Fund and the Foreign Military Sales
Trust Fund Administrative Surcharge Account in future
years.''.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF
SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2021 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of
Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas, Hizballah,
Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary
Guard Corps, or any individual or group affiliated with any
such organization.
SEC. 1225. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
(a) Report Required.--At the same time as the submission of
the budget of the President (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) for fiscal
year 2022 and each fiscal year thereafter, the Secretary of
Defense shall submit a report with accompanying budgetary
details regarding Operation Spartan Shield.
(b) Elements of Report.--At a minimum, the report required
by subsection (a) shall include--
(1)(A) for the first report, a history of the
operation and its objectives; and
(B) for each subsequent report, a description of
the operation and its objectives during the prior
fiscal year;
(2) a list and description of activities and
exercises carried out under the operation during the
prior fiscal year;
(3) a description of the purpose and goals of such
activities and exercises and an assessment of the
degree to which stated goals were achieved during the
prior fiscal year;
(4) a description of criteria used to judge the
effectiveness of joint exercises and other efforts to
build partner capacity under the operation during the
prior fiscal year;
(5) a description of the forces deployed under the
operation, their deployment locations, and activities
undertaken;
(6) the information required under subsection (c);
and
(7) any other matters the Secretary determines
appropriate.
(c) Elements of Budgetary Details.--At a minimum, the
budgetary details accompanying the report required by
subsection (a)--
(1) shall include--
(A) a description of expenditures related
to the operation for the fiscal year preceding
the fiscal year of the budget covered by the
report;
(B) with respect to the amount requested
for the operation in the budget covered by the
report--
(i) any significant change in
methodology used to determine the
budgetary details included in the
report and the categories used to
organize such details; and
(ii) a narrative justification for
any significant changes in the amount
requested as compared to the amount
requested and the amount expended for
the fiscal year preceding the fiscal
year of the budget covered by the
report; and
(C) with respect to the estimated direct
and indirect expenditures for the operation in
the budget covered by the report--
(i) detailed information on the
estimated direct expenditures and
indirect expenditures broken down by
category (including with respect to
operations, force protection, in-
theater support, equipment reset and
readiness, military construction,
mobilization, incremental and total
deployment costs, and exercises) and
any additional accounts and categories
the Secretary determines to be
relevant; and
(ii) a description of the
methodology and metrics used by the
Secretary to define the contribution of
indirect costs to the operation or an
explanation of pro-rated amounts based
on the level of support provided to the
operation; and
(2) may include a breakdown of expenditures and the
amount requested for the operation in the budget
covered by the report by line item, including with
respect to procurement accounts, military personnel
accounts, operation and maintenance accounts, research,
development, test, and evaluation accounts, and
military construction accounts.
(d) Form.--The report and accompanying budget details
required by subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
(e) Sunset.--The requirements of this section shall
terminate on the date on which Operation Spartan Shield (or a
successor operation) concludes.
(f) Definitions.--In this section:
(1) The term ``direct expenditures'' means, with
respect to amounts expended or estimated to be expended
for Operation Spartan Shield, amounts used directly for
supporting deterrence activities and missions.
(2) The term ``indirect expenditures'' means, with
respect to amounts expended or estimated to be expended
for Operation Spartan Shield, amounts used for programs
or activities that the Secretary of Defense determines
enable the Armed Forces to carry out the operation.
Subtitle D--Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is
amended by striking ``, 2019, or 2020'' and inserting ``2019,
2020, or 2021''.
SEC. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN
SKIES TREATY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision of the United States to withdraw
from the Open Skies Treaty, while taken in accordance
with paragraph 2 of Article XV of the Treaty, did not
comply with the requirement in section 1234(a) of the
National Defense Authorization Act for Fiscal Year 2020
(133 Stat. 1648; 22 U.S.C. 2593a note) to notify
Congress not fewer than 120 days prior to any such
announcement; and
(2) in the future, confidence and security building
measures that are designed to reduce the risk of
conflict, increase trust among participating states,
and contribute to military transparency should continue
to play a central role in United States' engagement
with Europe and its efforts to promote transatlantic
security.
(b) Notification Required.--
(1) In general.--Not later than 90 days after
withdrawal of the United States from the Open Skies
Treaty pursuant to Article XV of the Treaty, the
Secretary of Defense and the Secretary of State shall
jointly submit to the appropriate congressional
committees--
(A) a notification and description of any
agreements that the United States has concluded
with other state parties to the Treaty that
host United States military forces and assets
to ensure that after such withdrawal the United
States will be provided sufficient notice by
such state parties of requests for observation
flights over the territories of such state
parties under the Treaty; or
(B) if the United States has not concluded
any such agreements described in subparagraph
(A), a description of how the United States
will consistently and reliably be provided with
sufficient warning of observation flights
described in subparagraph (A) by other means,
including a description of assets and personnel
and policy implications of using such other
means.
(2) Submission of agreements.--Not later than 90
days after withdrawal of the United States from the
Open Skies Treaty pursuant to Article XV of the Treaty,
the Secretary of Defense and the Secretary of State
shall jointly submit to the appropriate congressional
committees copies of the agreements described in
paragraph (1)(A).
(c) Report.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense and the Secretary of State, in
coordination with the Director of National Intelligence
and the Under Secretary of Defense for Intelligence and
Security, shall jointly submit to the appropriate
congressional committees a report on the effects of a
withdrawal of the United States from the Open Skies
Treaty.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of how the United States
will replace the military-to-military contacts
and diplomatic engagement opportunities with
United States allies provided by the Treaty.
(B) A description of--
(i) the options available to the
United States for obtaining
unclassified, publicly-releasable
imagery similar to that which it
currently receives under the Treaty,
and if any of those options are planned
to be used;
(ii) if national technical means
are used as a replacement to obtain
such imagery--
(I) how the requirements
previously satisfied by
collection under the Treaty
will be prioritized within the
National Intelligence
Priorities Framework;
(II) options for mitigating
any gaps in collection should
such mitigation be necessary,
and if any of those options are
planned to be used, and if none
are necessary, an explanation
of the rationale for not
mitigating any such gaps; and
(III) requirements and
timelines for declassification
of imagery for public release;
and
(iii) if commercial imagery is used
as a replacement to obtain such
imagery--
(I) contractual actions and
associated timelines needed to
purchase such imagery;
(II) estimated costs to
purchase commercial imagery
equivalent to that which is
obtained under the Treaty; and
(III) estimates of costs to
share such imagery with other
state parties to the Treaty.
(C) A description of options available to
the United States for replacing intelligence
information, other than imagery, obtained
pursuant to the implementation of the Treaty,
and if any of those options are planned to be
used.
(D) A description of the options available
to the United States for continuing dialogue
with Russia in a manner similar to the formal
communications mechanisms provided for under
the Treaty or that were used as confidence-
building measures, and if any of those options
are planned to be used.
(E) All unedited responses to the
questionnaire provided to United States allies
by the United States in 2019 and all official
statements provided to the United States by
United States allies in 2019 or 2020 relating
to United States withdrawal from the Treaty.
(F) An assessment of the impact of such
withdrawal on--
(i) United States leadership in the
North Atlantic Treaty Organization
(NATO); and
(ii) cohesion and cooperation among
NATO member states.
(G) A description of options to continue
confidence-building measures similar to those
provided for under the Treaty with other state
parties to the Treaty that are United States
allies and which, if any, the United States may
consider pursuing.
(H) An assessment by the Defense
Intelligence Agency of the impact of such
withdrawal on--
(i) its ability to assess Russian
military capabilities and the balance
of forces in Europe; and
(ii) the ability of Russia to
assess United States military
capabilities in the United States and
in Europe.
(I) A description of the means the United
States will use to influence future decisions
regarding certifications of new sensors, such
as synthetic aperture radar sensors, under the
Treaty that could pose additional risk to
deployed United States military forces and
assets, and an assessment of their potential
effectiveness.
(3) Form.--The report required by paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(C) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(2) Observation flight.--The term ``observation
flight'' has the meaning given such term in Article II
of the Open Skies Treaty.
(3) Open skies treaty; treaty.--The term ``Open
Skies Treaty'' or ``Treaty'' means the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered
into force January 1, 2002.
SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2021 for the Department of Defense may be obligated or
expended to implement any activity that recognizes the
sovereignty of the Russian Federation over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national
security interest of the United States; and
(2) on the date on which the waiver is invoked,
submits a notification of the waiver and a
justification of the reason for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1234. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Report Required.--Not later than June 1 of each year,
the Secretary of Defense, in consultation with the heads of
other relevant Federal agencies, shall submit to the
appropriate congressional committees a report, in both
classified and unclassified form, on the security and military
strategies and capabilities of the Russian Federation (in this
section referred to as ``Russia'').
(b) Matters To Be Included.--The report required under
subsection (a) shall include the following:
(1) An assessment of the security priorities and
objectives of Russia, including those priorities and
objectives that would affect the North Atlantic Treaty
Organization (NATO), the Middle East, and the People's
Republic of China.
(2) A description of the goals and factors shaping
Russian security strategy and military strategy,
including military spending and investment priorities
and their alignment with the security priorities and
objectives described in paragraph (1).
(3) A description of developments in Russian
military doctrine and training.
(4) An assessment of the force structure of the
Russian military.
(5) An assessment of the force structure and
capabilities of Russian military forces stationed in
each of the Arctic, Kaliningrad, and Crimea, including
a description of any changes to such force structure or
capabilities during the one-year period ending on the
date of such report and with a particular emphasis on
the anti-access and area denial capabilities of such
forces.
(6) An assessment of Russian military strategy and
objectives for the Arctic region.
(7) A description of the status of testing,
production, deployment, and sale or transfer to other
states or non-state actors of cruise missile systems by
the Russian Federation.
(8) A description of Russia's current missile
defense strategy and capabilities, including efforts to
develop missile defense capabilities.
(9) An assessment of the tactics, techniques, and
procedures used by Russia in operations in Ukraine.
(10) An assessment of Russia's diplomatic,
economic, and intelligence operations in Ukraine.
(11) A summary of all significant Russian military-
to-military cooperation with foreign militaries, major
training and exercises, and foreign military
deployments, including listing for each deployment the
estimated number of forces deployed, the types of
capabilities deployed (including any advanced weapons),
the length of deployment as of such date, and, if
known, any military-to-military agreement such as a
basing agreement with the host nation.
(12) An assessment of the proliferation activities
of Russia and Russian entities, as a supplier of
materials, technologies, or expertise relating to
nuclear weapons or other weapons of mass destruction or
missile systems.
(13) Developments in Russia's nuclear program,
including the size and state of Russia's stockpile, an
analysis of the nuclear strategy and associated
doctrine of Russia and of the capabilities, range, and
readiness of all Russian nuclear systems and delivery
methods.
(14) A description of Russia's anti-access and area
denial capabilities.
(15) A description of Russia's modernization
program for its command, control, communications,
computers, intelligence, surveillance, and
reconnaissance program and its applications for
Russia's precision guided weapons.
(16) In consultation with the Secretary of Energy
and the Secretary of State, developments regarding
United States-Russian engagement and cooperation on
security matters.
(17) A description of Russia's asymmetric
capabilities, including its strategy and efforts to
develop and deploy electronic warfare, space and
counterspace, and cyber warfare capabilities, including
details on the number of malicious cyber incidents and
associated activities against Department of Defense
networks that are known or suspected to have been
conducted or directed by the Government of the Russian
Federation.
(18) An assessment of Russia's hybrid warfare
strategy and capabilities, including--
(A) Russia's information warfare strategy
and capabilities, including the use of
misinformation, disinformation, and propaganda
in social and traditional media;
(B) Russia's financing of political
parties, think tanks, media organizations, and
academic institutions;
(C) Russia's malicious cyber activities;
(D) Russia's use of coercive economic
tools, including sanctions, market access, and
differential pricing, especially in energy
exports; and
(E) Russia's use of criminal networks and
corruption to achieve political objectives.
(19) An assessment of attempts by Russia, or any
foreign person acting as an agent of or on behalf of
Russia, during the preceding year to knowingly
disseminate Russian-supported disinformation or
propaganda, through social media applications or
related Internet-based means, to members of the Armed
Forces with probable intent to cause injury to the
United States or advantage the Government of the
Russian Federation.
(20) The current state and summary of United States
military-to-military cooperation with Russia's armed
forces during the one-year period ending on the date
that is one month before the date of submission of the
report, including a summary of topics discussed.
(21) A description of any military-to-military
cooperation planned for the 12-month period beginning
on the date of submission of the report and an
assessment by the Secretary of Defense of the benefits
the Department of Defense expects to gain from such
military-to-military cooperation as well as any
concerns regarding such cooperation.
(22) A description of changes to United States
policy on military-to-military contacts with Russia
resulting from Russia's annexation of Crimea.
(23) A description and assessment of efforts by the
Russian Federation and associated agents, entities, and
proxies to support or encourage attacks against Armed
Forces and personnel of the United States engaged in
named contingency operations or combat.
(24) Other military and security developments
involving Russia that the Secretary of Defense
considers relevant to United States national security.
(c) Nonduplication.--If any information required under
subsection (b) has been included in another report or
notification previously submitted to Congress as required by
law, the Secretary of Defense may provide a list of such
reports and notifications at the time of submitting the report
required by subsection (a) in lieu of including such
information in the report required by subsection (a).
(d) Publishing Requirement.--Upon submission of the report
required under subsection (a) in both classified and
unclassified form, the Secretary of Defense shall publish the
unclassified form on the website of the Department of Defense.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(f) Repeal.--Section 1245 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3566) is hereby
repealed.
(g) Sunset.--This section shall terminate on January 31,
2026.
SEC. 1235. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``50
percent of the funds available for fiscal year
2020 pursuant to subsection (f)(5)'' and
inserting ``50 percent of the funds available
for fiscal year 2021 pursuant to subsection
(f)(6)'';
(B) in paragraph (2)(B)--
(i) in clause (iv), by striking ``;
and'' at the end and inserting a
semicolon;
(ii) in clause (v), by striking the
period at the end and inserting a
semicolon; and
(iii) by adding at the end the
following:
``(vi) transformation of command
and control structures and roles in
line with North Atlantic Treaty
Organization principles; and
``(vii) improvement of human
resources management, including to
support career management reforms,
enhanced social support to military
personnel and their families, and
professional military education
systems.'';
(C) in paragraph (3), by striking ``fiscal
year 2020'' and inserting ``fiscal year 2021'';
and
(D) in paragraph (5) to read as follows:
``(5) Lethal assistance.--Of the funds available
for fiscal year 2021 pursuant to subsection (f)(6),
$75,000,000 shall be available only for lethal
assistance described in paragraphs (2), (3), (11),
(12), (13), and (14) of subsection (b).'';
(2) in subsection (f), by adding at the end the
following:
``(6) For fiscal year 2021, $250,000,000.''; and
(3) in subsection (h), by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
SEC. 1236. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY
FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY
ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report on the capability and capacity
requirements of the military forces of the Government of
Ukraine, which shall include the following:
(1) An identification of the capability gaps and
capacity shortfalls of the military of Ukraine,
including--
(A) an assessment of the requirements of
the Ukrainian navy to accomplish its assigned
missions; and
(B) an assessment of the requirements of
the Ukrainian air force to accomplish its
assigned missions.
(2) An assessment of the relative priority assigned
by the Government of Ukraine to addressing such
capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and
capacity shortfalls that--
(A) could be addressed in a sufficient and
timely manner by unilateral efforts of the
Government of Ukraine; or
(B) are unlikely to be addressed in a
sufficient and timely manner solely through
unilateral efforts.
(4) An assessment of the capability gaps and
capacity shortfalls described in paragraph (3)(B) that
could be addressed in a sufficient and timely manner
by--
(A) the Ukraine Security Assistance
Initiative of the Department of Defense;
(B) Department of Defense security
assistance authorized by section 333 of title
10, United States Code;
(C) the Foreign Military Financing and
Foreign Military Sales programs of the
Department of State; or
(D) the provision of excess defense
articles pursuant to the requirements of the
Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(5) An assessment of the human resource
requirements of the Office of Defense Cooperation at
the United States Embassy in Kyiv and any gaps in its
capacity to transfer and facilitate security assistance
to Ukraine.
(6) Any recommendations the Secretaries deem
appropriate concerning coordination of security
assistance efforts of the Department of Defense and
Department of State with respect to Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the
Secretary of State and Secretary of Defense shall jointly
submit to the appropriate committees of Congress a report on
resourcing United States security assistance with respect to
Ukraine, which shall include the following:
(1) A plan to resource the following initiatives
and programs with respect to Ukraine in fiscal year
2023 and the four succeeding fiscal years to assist
Ukraine in meeting the most critical capability gaps
and capacity shortfalls of the military forces of
Ukraine:
(A) The Ukraine Security Assistance
Initiative of the Department of Defense.
(B) Department of Defense security
assistance authorized by section 333 of title
10, United States Code.
(C) The Foreign Military Financing and
Foreign Military Sales programs of the
Department of State.
(D) The provision of excess defense
articles pursuant to the requirements of the
Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with
milestones, describing the manner in which the
United States will assist the Government of
Ukraine in meeting the requirements described
in subsection (a)(1)(A).
(B) A plan for United States cooperation
with third countries and international
organizations that have the resources and
ability to provide immediate assistance to the
Ukrainian navy, while maintaining
interoperability with United States platforms
to the extent feasible.
(C) A plan to prioritize Excess Defense
Articles for the Ukrainian navy to the maximum
extent practicable during the time period
described in paragraph (1).
(D) An assessment of the extent to which
United States security assistance to the
Ukrainian navy is in the national security
interests of the United States.
(3) With respect to the Ukrainian air force--
(A) a capability development plan, with
milestones, detailing how the United States
will assist the Government of Ukraine in
meeting the requirements described in
subsection (a)(1)(B);
(B) a plan for United States cooperation
with third countries and international
organizations that have the resources and
ability to provide immediate assistance to the
Ukrainian air force, while maintaining
interoperability with United States platforms
to the extent feasible;
(C) a plan to prioritize excess defense
articles for the Ukraine air force to the
maximum extent practicable during the time
period described in paragraph (1);
(D) an assessment of the extent to which
United States security assistance to the
Ukrainian air force is in the national security
interests of the United States.
(4) An assessment of the progress on defense
institutional reforms in Ukraine, including in the
Ukrainian navy and air force, in the time period
described in paragraph (1) that will be essential for--
(A) enabling effective use and sustainment
of capabilities developed under security
assistance authorities described in this
section;
(B) enhancing the defense of Ukraine's
sovereignty and territorial integrity;
(C) achieving the Government of Ukraine's
stated goal of meeting NATO standards; and
(D) allowing Ukraine to achieve its full
potential as a strategic partner of the United
States.
(c) Form.--The report required under subsection (a) and the
resource plan required under subsection (b) shall each be
submitted in a classified form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1237. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY AND
ETHNICALLY MOTIVATED VIOLENT EXTREMISTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence and the Secretary of Defense, with the concurrence
of the Secretary of State and in consultation with the head of
any other relevant Federal department or agency, shall jointly
submit to the appropriate committees of Congress a report on
Russian Federation support of foreign racially and ethnically
motivated violent extremist groups and networks, including such
support--
(1) provided by agents and entities of the Russian
Federation acting at the direction or for the benefit
of the Government of the Russian Federation; and
(2) as it relates to undermining stability and
security and fomenting or sustaining conflict.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of each foreign racially or ethnically
motivated violent extremist group or network known to
meet, or suspected of meeting, any of the following
criteria:
(A) The group or network has been targeted
or recruited by the security services of the
Russian Federation.
(B) The group or network has received
support (including training, disinformation or
amplification on social media platforms,
financial support, and any other support) from
the Russian Federation or an agent or entity of
the Russian Federation acting at the direction
or for the benefit of the Government of the
Russian Federation.
(C) The group has leadership or a base of
operations located within the Russian
Federation and operates or maintains a chapter
or network of the group outside the Russian
Federation.
(2) For each such group or network--
(A) an overview of the membership,
ideology, and activities;
(B) a description of the leadership, plans,
intentions, and capabilities;
(C) a description of the composition and
characteristics, including an assessment
whether and to what extent the members of the
group or network are also part of a military,
security service, or police force;
(D) a description of financing and other
forms of material support received from the
Russian Federation;
(E) an assessment whether and to what
extent the group or network is engaged in or
facilitating military or paramilitary training;
(F) an assessment of trends and patterns
relating to communications, travel, and
training carried out between such group or
network and the Russian Federation; and
(G) an opportunity analysis with respect to
mitigating and disrupting the transnational
nexus between such group or network and the
Russian Federation.
(3) An assessment of the manner in which Russian
Federation support of such groups or networks aligns
with the strategic interests of the Russian Federation
with respect to geopolitical competition.
(4) An assessment of the impact and role of such
groups or networks in destabilizing or influencing
conflict zones or regional tensions, including by--
(A) assisting Russian Federation-backed
separatist forces in the Donbas region of
Ukraine;
(B) destabilizing security on the Crimean
peninsula of Ukraine;
(C) undermining stability and security in
the Balkans; or
(D) threatening the support for the North
Atlantic Treaty Organization in Southeastern
Europe.
(5) A description of any relationship or
affiliation between such groups or networks and
ultranationalist or extremist political parties within
or outside the Russian Federation, and an assessment of
the manner in which the Russian Federation may use such
a relationship or affiliation to advance the strategic
interests of the Russian Federation.
(6) A description of the use by the Russian
Federation of social media platforms to support or
amplify the presence or messaging of such groups or
networks outside of the Russian Federation, and an
assessment of efforts by the United States, partners,
and allies to counter such support or amplification.
(7) An assessment of the nature and extent of the
threat that Russian Federation support of such groups
or networks poses to United States counterterrorism
efforts and other national security interests.
(8) Recommendations, consistent with a whole-of-
government approach to countering Russian Federation
information warfare and malign influence operations--
(A) to mitigate the security threat posed
by such groups or networks; or
(B) to reduce or counter Russian Federation
support for such groups or networks.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 1238. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON
FOREIGN ELECTION INTERFERENCE.
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``foreign
election interference,'' before ``transnational
organized crime'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``or
(10)'' and inserting ``(10), or (13)'';
(B) in paragraph (11), by striking ``or''
after the semicolon at the end;
(C) in paragraph (12)--
(i) by striking ``sections'' and
inserting ``section'';
(ii) by striking ``or (b)(1)'' and
inserting ``or 2914(b)(1)''; and
(iii) by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(13) the identification or location of a foreign
person that knowingly engaged or is engaging in foreign
election interference.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (5) through (10),
respectively;
(B) by inserting after paragraph (2) the
following new paragraphs:
``(3) Foreign person.--The term `foreign person'
means--
``(A) an individual who is not a United
States person; or
``(B) a foreign entity.
``(4) Foreign election interference.--The term
`foreign election interference' means conduct by a
foreign person that--
``(A)(i) violates Federal criminal, voting
rights, or campaign finance law; or
``(ii) is performed by any person
acting as an agent of or on behalf of,
or in coordination with, a foreign
government or criminal enterprise; and
``(B) includes any covert, fraudulent,
deceptive, or unlawful act or attempted act, or
knowing use of information acquired by theft,
undertaken with the specific intent to
significantly influence voters, undermine
public confidence in election processes or
institutions, or influence, undermine
confidence in, or alter the result or reported
result of, a general or primary Federal, State,
or local election or caucus, including--
``(i) the campaign of a candidate;
or
``(ii) a ballot measure, including
an amendment, a bond issue, an
initiative, a recall, a referral, or a
referendum.''; and
(C) in paragraph (10), as so redesignated,
in subparagraph (A), by striking ``and'' after
the semicolon and inserting ``or''.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TURKEY'S ACQUISITION OF THE S-400 AIR DEFENSE
SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that it
is in the national security interest of the United States--
(1) to deter aggression against North Atlantic
Treaty Organization (NATO) allies by the Russian
Federation or any other adversary;
(2) to continue to work with NATO allies to ensure
they meet their alliance defense commitments, including
through adequate and efficient investments in national
defense;
(3) to work to maintain and strengthen the
democratic institutions and practices of all NATO
allies, in accordance with the goals of Article 2 of
the North Atlantic Treaty;
(4) to ensure that Turkey remains a critical NATO
ally and important military partner for the United
States, contributing to key NATO and United States
missions and providing support for United States
military operations and logistics needs;
(5) to assist NATO allies in acquiring and
deploying modern, NATO-interoperable military equipment
and reducing their dependence on Russian or former
Soviet-era defense articles;
(6) to promote opportunities to strengthen the
capacity of NATO member states to counter Russian
malign influence; and
(7) to enforce fully the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9401 et
seq.), including by imposing sanctions with respect to
any person that the President determines knowingly
engages in a significant transaction with a person that
is part of, or operates for or on behalf of, the
defense or intelligence sectors of the Government of
the Russian Federation, as described in section 231 of
that Act (22 U.S.C. 9525).
(b) Determination.--The acquisition by the Government of
Turkey of the S-400 air defense system from the Russian
Federation beginning on July 12, 2019, constitutes a
significant transaction as described in section 231 of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9525).
(c) Imposition of Sanctions.--Not later than 30 days after
the date of the enactment of this Act, the President shall
impose five or more of the sanctions described in section 235
of the Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9529) with respect to each person that knowingly
engaged in the acquisition of the S-400 air defense system
referred to in subsection (b).
(d) Exception Relating to Importation of Goods.--
(1) In general.--Notwithstanding any other
provision of this section, the authorities and
requirements to impose sanctions under this section
shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(e) Termination.--On and after the date that is one year
after the date on which the President imposes sanctions under
subsection (c) with respect to a person, the President may
terminate the application of such sanctions with respect to
that person if the President submits to the appropriate
congressional committees a certification that--
(1) the Government of Turkey and any person acting
on its behalf no longer possesses the S-400 air defense
system or a successor system;
(2) no S-400 air defense system or successor system
is operated or maintained inside Turkey by nationals of
the Russian Federation or persons acting on behalf of
the Government of the Russian Federation or the defense
sector of the Russian Federation; and
(3) the President has received reliable assurances
from the Government of Turkey that the Government of
Turkey will not knowingly engage, or allow any foreign
person to engage on its behalf, in pursuing any
activity subject to sanctions under section 231 of the
Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9525) to reacquire the S-400 air defense
system or a successor system.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
SEC. 1242. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO
CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM
PIPELINE PROJECTS.
(a) In General.--Subsection (a)(1) of section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV of
Public Law 116-92; 133 Stat. 2300; 22 U.S.C. 9526 note) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or pipe-laying
activities'' after ``pipe-laying''; and
(B) by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (B)--
(A) in clause (i)--
(i) by inserting ``, or facilitated
selling, leasing, or providing,'' after
``provided''; and
(ii) by striking ``; or'' and
inserting a semicolon;
(B) in clause (ii), by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) provided for those vessels
underwriting services or insurance or
reinsurance necessary or essential for
the completion of such a project;
``(iv) provided services or
facilities for technology upgrades or
installation of welding equipment for,
or retrofitting or tethering of, those
vessels if the services or facilities
are necessary or essential for the
completion of such a project; or
``(v) provided services for the
testing, inspection, or certification
necessary or essential for the
completion or operation of the Nord
Stream 2 pipeline; and''; and
(3) by adding at the end the following:
``(C) the consultations carried out
pursuant to subsection (i) and describes the
nature of the consultations and any concerns
raised by the government of Norway,
Switzerland, the United Kingdom, or any member
country of the European Union.''.
(b) Exception.--Subsection (e) of such section is amended
by adding at the end the following:
``(6) Exception for certain governments and
governmental entities.--Sanctions under this section
shall not apply with respect to--
``(A) the European Union;
``(B) the government of Norway,
Switzerland, the United Kingdom, or any member
country of the European Union; or
``(C) any entity of the European Union or a
government described in subparagraph (B) that
is not operating as a business enterprise.''.
(c) Waiver.--Subsection (f) of such section is amended to
read as follows:
``(f) National Interest Waiver.--The President may waive
the application of sanctions under this section with respect to
a person if the President--
``(1) determines that the waiver is in the national
interests of the United States; and
``(2) submits to the appropriate congressional
committees a report on the waiver and the reasons for
the waiver.''.
(d) Consultations; Report.--Such section is further
amended--
(1) by redesignating subsection (i) as subsection
(k); and
(2) by inserting after subsection (h) the
following:
``(i) Consultations.--Before imposing sanctions under this
section, the Secretary of State shall consult with the relevant
governments of Norway, Switzerland, the United Kingdom, and
member countries of the European Union with respect to the
imposition of such sanctions.
``(j) Report on Impact of Sanctions.--Not later than one
year after the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, and annually thereafter until all sanctions imposed under
this section have terminated under subsection (h), the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report detailing the impact of the imposition of
sanctions under this section that includes information on--
``(1) whether the goals of the sanctions have been
met;
``(2) the diplomatic impact of the sanctions,
including on relationships with the governments of
Norway, Switzerland, the United Kingdom, and member
countries of the European Union; and
``(3) the economic impact of the sanctions,
including the impact on United States persons.''.
(e) Definitions.--Subsection (k) of such section, as
redesignated by subsection (b), is further amended--
(1) by redesignating paragraph (5) as paragraph
(6); and
(2) by inserting after paragraph (4) the following:
``(5) Pipe-laying activities.--The term `pipe-
laying activities' means activities that facilitate
pipe-laying, including site preparation, trenching,
surveying, placing rocks, backfilling, stringing,
bending, welding, coating, and lowering of pipe.''.
(f) Wind-down Period.--The President may not impose
sanctions with respect to a person identified in the first
report submitted under section 7503(a) of the Protecting
Europe's Energy Security Act of 2019, as amended by this
section, after the date of the enactment of this Act for
operations subject to sanctions by reason of the amendments
made by this section if the President certifies in that report
that the person has, not later than 30 days after such date of
enactment, engaged in good faith efforts to wind down such
operations.
SEC. 1243. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF
MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is
amended--
(1) in the first sentence, by striking ``December
31, 2021'' and inserting ``December 31, 2023''; and
(2) in the second sentence, by striking ``the
period beginning on October 1, 2015, and ending on
December 31, 2021'' and inserting ``the period
beginning on October 1, 2015, and ending on December
31, 2023''.
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of Congress that--
(1) the success of the North Atlantic Treaty
Organization (NATO) is critical to achieving United
States national security objectives in Europe and
around the world;
(2) NATO remains the strongest and most successful
military alliance in the world, founded on a commitment
by its members to uphold the principles of democracy,
individual liberty, and the rule of law, and its
contributions to the collective defense are
indispensable to the security, prosperity, and freedom
of its members;
(3) the United States reaffirms its ironclad
commitment to NATO as the foundation of transatlantic
security and to uphold its obligations under the North
Atlantic Treaty, including Article 5 of the Treaty;
(4) the 2018 National Defense Strategy identifies
long-term strategic competition with Russia as a
principal priority and highlights the essential role
that a strong NATO alliance must play in implementing
that strategy and addressing shared security concerns;
(5) the United States should deepen defense
cooperation with non-NATO European partners, reaffirm
the open-door policy of NATO, and encourage security
sector cooperation between NATO and non-NATO defense
partners that complements and strengthens collective
defense, interoperability, and allies' commitment to
Article 3 of the North Atlantic Treaty;
(6) bolstering NATO cohesion and enhancing security
relationships with non-NATO European partners to
counter Russian aggression, including Russia's use of
hybrid warfare tactics and its willingness to use
military power to alter the status quo, strengthens the
United States security interests for the long-term
strategic competition;
(7) the continued prioritization of funding for the
European Deterrence Initiative, including for purposes
of strengthening allied and partner capability and
power projection along the eastern flank of NATO,
remains critically important;
(8) the United States and NATO should continue to
cooperate on other major shared challenges, such as the
COVID-19 pandemic; and
(9) the policy of the United States should be to
work with its NATO and other allies and partners to
build permanent mechanisms to strengthen supply chains,
enhance supply chain security, fill supply chain gaps,
and maintain commitments made at the June 2020 NATO
Defense Ministerial, particularly regarding pandemic
response preparations.
SEC. 1245. LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS IN
GERMANY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Republic of Germany continues to be
a strong ally within the North Atlantic Treaty
Organization (NATO) and a critical ally of the United
States;
(2) the presence of the United States Armed Forces
in Germany serves as a strong deterrent to Russian
Federation military aggression and expansion in Europe
and as an essential support platform for carrying out
vital national security engagements in the Middle East,
Africa, and Afghanistan;
(3) the presence of approximately 34,500 members of
the United States Armed Forces deployed to Germany, and
the ability to increase that level as necessary in
response to global security challenges, is essential to
supporting NATO's operations and its collective
deterrence against threats;
(4) reducing the number of members of the United
States Armed Forces in Germany during a time of growing
threats in Europe would constitute a grave strategic
mistake that would undermine United States national
security interests and weaken NATO; and
(5) the United States should continue--
(A) to maintain and strengthen its
bilateral relationship with Germany; and
(B) to maintain a robust military presence
in Germany so as to deter aggression against
the United States and its allies and partners.
(b) Limitation.--The Secretary of Defense may not reduce
the total number of members of the Armed Forces serving on
active duty who are stationed in the Federal Republic of
Germany below 34,500 until 120 days after the date on which the
Secretary, in consultation with the heads of other relevant
Federal departments and agencies, submits to the appropriate
congressional committees a written assessment that contains the
following:
(1) An analysis of whether the reduction in the
total number of Armed Forces serving on active duty who
are stationed in Germany would be in the national
security interest of the United States and would not
detract from United States military posture and
alignment in the European theater.
(2) An analysis of the impact of such a reduction
on the security of the United States as well as the
security of allies and partners of the United States in
Europe.
(3) An analysis of the impact of such a reduction
on the deterrence and defense posture of the North
Atlantic Treaty Organization (NATO).
(4) An analysis of the impact of such a reduction
on the ability of the Armed Forces to execute
contingency plans of the Department of Defense,
including ongoing operations executed by United States
Central Command and United States Africa Command.
(5) An analysis of the impact of such a reduction
on military families or additional costs for relocation
of associated infrastructure.
(6) An analysis of the impact of such a reduction
on military training and major military exercises,
including on interoperability and joint activities with
allies and partners.
(7) A description of the consultations made with
United States allies and partners in Europe, including
a description of the consultations with each member of
NATO, regarding such a reduction.
(8) A description of the capabilities that would be
impacted in Germany and any actions designed to
mitigate such a reduction.
(9) A detailed description of the requirements for
the Department of Defense to effectuate any relocation
and redeployment of members of the Armed Forces from
Germany and associated relocation of military families.
(10) A detailed analysis of the impact of the
reduction and redeployment of military capabilities on
the ability of the United States to meet commitments
under the North Atlantic Treaty as well as the ability
to support operations in the Middle East and Africa.
(11) A detailed analysis of the impact of such
reduction and redeployment on the implementation of the
National Defense Strategy and on Joint Force Planning.
(12) A detailed analysis of the cost implications
of such a reduction and redeployment, to include the
cost of any associated new facilities to be constructed
or existing facilities to be renovated at the location
to which the members of the Armed Forces are to be
moved and stationed and the costs associated with
rotational deployments.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(d) Sunset.--The limitation in subsection (b) shall
terminate on September 30, 2021.
SEC. 1246. REPORT ON UNITED STATES MILITARY FORCE POSTURE IN
SOUTHEASTERN EUROPE.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Commander of United States European
Command, shall submit to the congressional defense committees
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on United States military force posture in the
Southeastern Europe region, including the Eastern Mediterranean
and Black Sea.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description and assessment of the strategic
significance of Russia's and China's military posture
and activities in the region.
(2) A description of the current presence,
including the permanently stationed, rotational, and
continuous rotational presence, and any agreements in
place governing United States Armed Forces in the
region.
(3) An assessment of the strategic and operational
significance of the Eastern Mediterranean and Black Sea
for contingency plans of the Department of Defense.
(4) An assessment of United States military force
posture needs in the region to implement the Department
of Defense Black Sea strategy in accordance with the
provisions of the Report of the Committee on Armed
Services of the House of Representatives to Accompany
H.R. 2500 (116th Congress; House Report 116-120).
(5) An assessment of the value, cost, and
feasibility of increasing permanently stationed or
rotational deployments of the United States Armed
Forces in the region, to include assessments of posture
in Greece, Romania, Bulgaria, and other relevant
locations, and an assessment of available
infrastructure and any infrastructure improvements that
would be necessary to support such an increase.
(c) Form.--The report required by subsection (a) shall be
submitted in a classified form and include an unclassified
summary.
SEC. 1247. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO
ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) maintaining the security of the Baltic states
of Estonia, Latvia, and Lithuania is critical to
achieving United States national security objectives;
(2) the Baltic states play a crucial role in
strategic efforts to deter Russia, maintain the
collective security of the North Atlantic Treaty
Organization (NATO) alliance, and strengthen bilateral
and multilateral defense; and
(3) the United States should continue to pursue
efforts consistent with a comprehensive, multilateral
assessment of the military requirements of the Baltic
states focused on security sector assistance,
coordination, and planning designed to ensure the
security of the Baltic states and address current and
future security challenges.
SEC. 1248. SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE OF THE
NORTH ATLANTIC TREATY ORGANIZATION.
It is the sense of Congress that--
(1) the Kosovo Force of the North Atlantic Treaty
Organization continues to play an indispensable role in
maintaining security and stability in the Western
Balkans, which are the essential predicates for the
success of diplomatic efforts between Kosovo and
Serbia;
(2) the participation of the United States Armed
Forces in the Kosovo Force is foundational to the
credibility and success of mission of the Kosovo Force;
(3) with the North Atlantic Treaty Organization
allies and other European partners contributing over 80
percent of the troops for the mission, the Kosovo Force
is a primary example of the long-term benefits of
burden sharing to United States national security
interests; and
(4) together with the allies and partners of the
United States, the United States should--
(A) maintain its commitment to the Kosovo
Force;
(B) take all appropriate steps to ensure
that the Kosovo Force has the necessary
personnel, capabilities, and resources to
perform its critical mission; and
(C) continue to support the gradual
transition of the Kosovo Security Force to a
multi-ethnic army for the Republic of Kosovo
that is interoperable with North Atlantic
Treaty Organization members through an
inclusive and transparent process that--
(i) respects the rights and
concerns of all citizens of Kosovo;
(ii) promotes regional security and
stability; and
(iii) supports the aspirations of
Kosovo for full Euro-Atlantic
integration.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. PACIFIC DETERRENCE INITIATIVE.
(a) In General.--The Secretary of Defense shall establish
an initiative, to be known as the ``Pacific Deterrence
Initiative'' (in this section referred to as the
``Initiative''), to carry out prioritized activities to enhance
the United States deterrence and defense posture in the Indo-
Pacific region, assure allies and partners, and increase
capability and readiness in the Indo-Pacific region.
(b) Purpose.--The Initiative required under subsection (a)
shall carry out the following prioritized activities to improve
the design and posture of the joint force in the Indo-Pacific
region, primarily west of the International Date Line:
(1) Modernize and strengthen the presence of the
United States Armed Forces, including those with
advanced capabilities.
(2) Improve logistics and maintenance capabilities
and the pre-positioning of equipment, munitions, fuel,
and materiel.
(3) Carry out a program of exercises, training,
experimentation, and innovation for the joint force.
(4) Improve infrastructure to enhance the
responsiveness and resiliency of the United States
Armed Forces.
(5) Build the defense and security capabilities,
capacity, and cooperation of allies and partners.
(c) Funding.--Of the amounts authorized to be appropriated
by this Act for the Department of Defense for fiscal year 2021,
$2,234,958,000 is authorized to be made available to carry out
the Initiative required under subsection (a), as specified in
the funding tables in division D of this Act.
(d) Plan Required.--Not later than February 15, 2021, and
annually thereafter, the Secretary, in consultation with the
Commander of the United States Indo-Pacific Command, shall
submit to the congressional defense committees a report on
future year activities and resources for the Initiative that
includes the following:
(1) A description of the activities and resources
for the first fiscal year beginning after the date of
submission of the report and the plan for not fewer
than the four following fiscal years, organized by the
activities described in paragraphs (1) through (5) of
subsection (b).
(2) A summary of progress made towards achieving
the purposes of the Initiative.
(3) A summary of the activity, resource,
capability, infrastructure, and logistics requirements
necessary to achieve measurable progress in reducing
risk to the joint force's ability to achieve objectives
in the region, including through investments in--
(A) active and passive defenses against
unmanned aerial systems and theater cruise,
ballistic, and hypersonic missiles;
(B) advanced long-range precision strike
systems;
(C) command, control, communications,
computers, intelligence, surveillance, and
reconnaissance systems;
(D) test range capacity, capability, and
coordination;
(E) dispersed, resilient, and adaptive
basing to support distributed operations,
including expeditionary airfields and ports;
(F) advanced critical munitions;
(G) pre-positioned forward stocks of fuel,
munitions, equipment, and materiel;
(H) distributed logistics and maintenance
capabilities;
(I) strategic mobility assets;
(J) improved interoperability and
information sharing with allies and partners;
(K) information operations capabilities;
(L) bilateral and multilateral military
exercises and training with allies and
partners; and
(M) use of security cooperation authorities
to further build partner capacity.
(4) A detailed timeline to achieve the requirements
identified under paragraph (3).
(5) A detailed explanation of any significant
modifications to such requirements, as compared to
plans previously submitted under this subsection.
(6) Any other matter, as determined by the
Secretary.
(e) Budget Display Information.--The Secretary shall
include a detailed budget display for the Initiative in the
materials of the Department of Defense in support of the budget
of the President (submitted to Congress pursuant to section
1105 of title 31, United States Code) for fiscal year 2022 and
each fiscal year thereafter that includes the following
information:
(1) The resources necessary for the Initiative to
carry out the activities required under subsection (b)
for the applicable fiscal year and not fewer than the
four following fiscal years, organized by the
activities described in paragraphs (1) through (5) of
that subsection.
(2) With respect to procurement accounts--
(A) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(B) a description of the requirements for
such amounts specific to the Initiative.
(3) With respect to research, development, test,
and evaluation accounts--
(A) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(B) a description of the requirements for
such amounts specific to the Initiative.
(4) With respect to operation and maintenance
accounts--
(A) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(B) a description of the specific manner in
which such amounts will be used.
(5) With respect to military personnel accounts--
(A) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
(B) a description of the requirements for
such amounts specific to the Initiative.
(6) With respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount by fiscal year.
(7) With respect to the activities described in
subsection (b)--
(A) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(B) a description of the specific manner in
which such amounts will be used.
(8) With respect to each military service--
(A) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(B) a description of the specific manner in
which such amounts will be used.
(9) With respect to the amounts described in each
of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6),
(7)(A), and (8)(A), a comparison between--
(A) the amount in the budget of the
President for the following fiscal year;
(B) the amount projected in the previous
budget of the President for the following
fiscal year;
(C) a detailed summary of funds obligated
for the Initiative during the preceding fiscal
year; and
(D) a detailed comparison of funds
obligated for the Initiative during the
previous fiscal year to the amount of funds
requested for such fiscal year.
(f) Briefings Required.--Not later than March 1, 2021, and
annually thereafter, the Secretary shall provide to the
congressional defense committees a briefing on the budget
proposal and programs, including the budget display information
for the applicable fiscal year required by subsection (e).
(g) Repeal.--Section 1251 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1676), as most recently amended by section 1253 of the
John S. McCain National Defense Authorization Act for fiscal
year 2019 (Public Law 115-232; 132 Stat. 2054), is repealed.
SEC. 1252. EXTENSION AND MODIFICATION OF PROHIBITION ON COMMERCIAL
EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO THE
HONG KONG POLICE FORCE.
(a) In General.--The Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-77;
133 Stat. 1173), is amended--
(1) by amending the title to read as follows: ``An
Act to prohibit the commercial export of covered
munitions and crime control items to the Hong Kong
Police Force.'';
(2) in section 1(2)--
(A) by amending the paragraph heading to
read as follows: ``Covered munitions and crime
control items ''; and
(B) by striking ``covered munitions items''
and inserting ``covered munitions and crime
control items'';
(3) in section 2--
(A) in the section heading, by striking
``covered munitions items'' and inserting
``covered munitions and crime control items'';
and
(B) in subsection (a), by striking
``covered munitions items'' and inserting
``covered munitions and crime control items'';
and
(4) in section 3, by striking ``one year after the
date of the enactment of this Act'' and inserting ``on
December 31, 2021''.
(b) Technical Corrections to the Hong Kong Autonomy Act.--
The Hong Kong Autonomy Act of 2020 (Public Law 116-149; 134
Stat. 663) is amended--
(1) in section 2(10), by striking ``The'' and
inserting ``Except as otherwise specifically provided,
the''; and
(2) in section 7(b)(7), by inserting ``by any
person (as defined in section 4801(8) of title 50,
United States Code)'' after ``(in country)''.
SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be used
for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2021 under the transfer authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority
in subsection (a) is in addition to any other transfer
authority available to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of
Defense determines to use the transfer authority in subsection
(a), the Secretary shall notify the congressional defense
committee of that determination not later than 30 days before
the Secretary uses the transfer authority.
SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE
PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of State, is authorized to carry out a
cooperative program with the Ministry of Defense of Vietnam to
assist in accounting for Vietnamese personnel missing in
action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of
archival information.
(2) Building the capacity of Vietnam to conduct
archival research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of
Defense considers necessary and appropriate.
SEC. 1255. SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM DEFENSE
RELATIONSHIP.
In commemoration of the 25th anniversary of the
normalization of diplomatic relations between the United States
and Vietnam, Congress--
(1) welcomes the historic progress and achievements
in United States-Vietnam relations over the last 25
years;
(2) commends the commitment of Vietnam to resolve
international disputes through peaceful means on the
basis of international law;
(3) congratulates Vietnam on its chairmanship of
the Association of Southeast Asian Nations and its
election as a nonpermanent member of the United Nations
Security Council, both of which symbolize the positive
leadership role of Vietnam in regional and global
affairs;
(4) affirms the commitment of the United States--
(A) to respect the independence and
sovereignty of Vietnam; and
(B) to establish and promote friendly
relations and to work together on an equal
footing for mutual benefit with Vietnam;
(5) encourages the United States and Vietnam to
elevate their comprehensive partnership to a strategic
partnership based on mutual understanding, shared
interests, and a common desire to promote peace,
cooperation, prosperity, and security in the Indo-
Pacific region;
(6) affirms the commitment of the United States to
continue to address war legacy issues, including
through dioxin remediation, unexploded ordnance
removal, accounting for prisoners of war and soldiers
missing in action, and other activities; and
(7) supports deepening defense cooperation between
the United States and Vietnam, in support of United
States interests and international law, including with
respect to maritime security, cybersecurity,
counterterrorism, information sharing, human rights,
humanitarian assistance and disaster relief, military
medicine, peacekeeping operations, defense trade, and
other areas.
SEC. 1256. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH VIETNAM,
THAILAND, AND INDONESIA.
(a) In General.--The Secretary of Defense, with the
concurrence of the Secretary of State, may establish, using
existing authorities of the Department of Defense, a pilot
program in Vietnam, Thailand, and Indonesia--
(1) to enhance the cyber security, resilience, and
readiness of the military forces of Vietnam, Thailand,
and Indonesia; and
(2) to increase regional cooperation between the
United States and Vietnam, Thailand, and Indonesia on
cyber issues.
(b) Elements.--The activities of the pilot program under
subsection (a) shall include the following:
(1) Provision of training to military officers and
civilian officials in the ministries of defense of
Vietnam, Thailand, and Indonesia.
(2) The facilitation of regular dialogues and
trainings among the Department of Defense and the
ministries of defense of Vietnam, Thailand, and
Indonesia with respect to the development of
infrastructure to protect against foreign cyber
attacks.
(3) To undertake, as part of cyber cooperation,
training that includes curricula expressly relating to
human rights, the rule of law, and internet freedom.
(c) Reports.--
(1) Design of pilot program.--Not later than June
1, 2021, the Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the
appropriate committees of Congress a report on the
design of the pilot program under subsection (a).
(2) Progress report.--Not later than December 31,
2021, and annually thereafter until the date on which
the pilot program terminates under subsection (e), the
Secretary of Defense, with the concurrence of the
Secretary of State, shall submit to the appropriate
committees of Congress a report on the pilot program
that includes--
(A) a description of the activities
conducted and the results of such activities;
(B) an assessment of reforms relevant to
cybersecurity and technology in enhancing the
cyber security, resilience, and readiness of
the military forces of Vietnam, Thailand, and
Indonesia;
(C) an assessment of the effectiveness of
curricula relating to human rights, the rule of
law, and internet freedom; and
(D) the content and curriculum of any
program made available to participants of such
program.
(d) Certification.--Not later than 30 days before the date
on which the pilot program under subsection (a) is scheduled to
commence, the Secretary of Defense, with the concurrence of the
Secretary of State, shall submit to the appropriate committees
of Congress a certification indicating whether such program
would credibly enable, enhance, or facilitate violations of
internet freedom or other human rights abuses in Vietnam,
Indonesia, or Thailand.
(e) Termination.--The pilot program under subsection (a)
shall terminate on December 31, 2024.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1257. REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH THE
STATIONING OF THE ARMED FORCES IN JAPAN.
(a) In General.--Not later than February 1, 2021, the
Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate congressional
committees a report on the costs most directly associated with
the stationing of United States forces in Japan that are the
subject of the current Special Measures Agreement negotiations
between the United States Government and the Government of
Japan. The report shall include--
(1) a description of each category of costs,
including labor, utilities, training relocation, and
any other categories the Secretary determines
appropriate, that are most directly associated with the
stationing of the Armed Forces in Japan;
(2) a detailed description of which of the costs
most directly associated with the stationing of the
Armed Forces in Japan are incurred in Japan and which
such costs are incurred outside of Japan;
(3) a description of each category of contributions
made by the Government of Japan that allay the costs to
United States of stationing the Armed Forces in Japan,
as well as the corresponding description of each
category of costs incurred by the United States
Government;
(4) the benefits to United States national security
and regional security derived from the forward presence
of the Armed Forces in Japan;
(5) the impacts to the national security of the
United States, the security of Japan, and peace and
stability in the Indo-Pacific region, if a new Special
Measures Agreement is not reached before March 31,
2021; and
(6) any other matters the Secretary determines
appropriate.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committee''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1258. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY
WHO ARE DEPLOYED TO SOUTH KOREA.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the Armed
Forces serving on active duty who are deployed to South Korea
below 28,500 until 90 days after the date on which the
Secretary of Defense certifies to the congressional defense
committees the following:
(1) Such a reduction is in the national security
interest of the United States and will not
significantly undermine the security of United States
allies in the region.
(2) The Secretary has appropriately consulted with
allies of the United States, including South Korea and
Japan, regarding such a reduction.
SEC. 1259. IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF
UNITED STATES FORCES TO COUNTER NORTH KOREAN
CHEMICAL AND BIOLOGICAL WEAPONS.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall
develop a plan to address the recommendations in the
U.S. Government Accountability Office's report entitled
``Preparedness of U.S. Forces to Counter North Korean
Chemical and Biological Weapons'' (GAO-21-104C).
(2) Elements.--The plan required under paragraph
(1) shall, with respect to each recommendation in the
report described in paragraph (1) that the Secretary of
Defense has implemented or intends to implement,
include--
(A) a summary of actions that have been or
will be taken to implement the recommendation;
and
(B) a schedule, with specific milestones,
for completing implementation of the
recommendation.
(b) Submission to Congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the plan
required under subsection (a).
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph
(2), not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall
carry out activities to implement the plan developed
under subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary
of Defense may initiate implementation of a
recommendation in the report described in
subsection (a)(1) after the date specified in
paragraph (1) if the Secretary provides the
congressional defense committees with a
specific justification for the delay in
implementation of such recommendation on or
before such date.
(B) Nonimplementation.--The Secretary of
Defense may decide not to implement a
recommendation in the report described in
subsection (a)(1) if the Secretary provides to
the congressional defense committees, on or
before the date specified in paragraph (1)--
(i) a specific justification for
the decision not to implement the
recommendation; and
(ii) a summary of alternative
actions the Secretary plans to take to
address the conditions underlying the
recommendation.
SEC. 1260. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE TAIWAN
RELATIONS ACT.
(a) Statement of Policy.--It is the policy of the United
States--
(1) that the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.) and the Six Assurances provided
by the United States to Taiwan in July 1982 are the
foundation for United States-Taiwan relations;
(2) to fully pursue the deepening of the extensive,
close, and friendly relations of the United States and
Taiwan pursuant to the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301 et seq.), the intent of which is
to facilitate greater cooperation and the broadening
and deepening of United States-Taiwan relations;
(3) that the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.) shall be implemented and
executed, consistent with the Six Assurances, to
address evolving political, security, and economic
dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), the United
States decision to establish diplomatic relations with
the People's Republic of China rests upon the
expectation that the future of Taiwan will be
determined by peaceful means, and that any effort to
determine the future of Taiwan by other than peaceful
means, including boycotts and embargoes, is a threat to
the peace and security of the Western Pacific area and
of grave concern to the United States;
(5) that the increasingly coercive and aggressive
behavior of the People's Republic of China towards
Taiwan is contrary to the expectation of the peaceful
resolution of the future of Taiwan; and
(6) as set forth in the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), to maintain
the capacity to resist any resort to force or other
forms of coercion that would jeopardize the security,
or the social or economic system, of the people on
Taiwan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to support
the development of capable, ready, and modern defense
forces necessary for Taiwan to maintain a sufficient
self-defense capability, including by--
(A) supporting acquisition by Taiwan of
defense articles and services through foreign
military sales, direct commercial sales, and
industrial cooperation, with an emphasis on
capabilities that support the asymmetric
defense strategy of Taiwan, including anti-
ship, coastal defense, anti-armor, air defense,
undersea warfare, advanced command, control,
communications, computers, intelligence,
surveillance, and reconnaissance, and resilient
command and control capabilities;
(B) ensuring timely review of and response
to requests of Taiwan for defense articles and
services;
(C) conducting practical training and
military exercises with Taiwan that enable
Taiwan to maintain a sufficient self-defense
capability;
(D) examining the potential for expanding
professional military education and technical
training opportunities in the United States for
military personnel of Taiwan;
(E) increasing exchanges between senior
defense officials and general officers of the
United States and Taiwan at the strategic,
policy, and functional levels, consistent with
the Taiwan Travel Act (Public Law 115-135; 132
Stat. 341), especially for the purposes of--
(i) enhancing cooperation on
defense planning;
(ii) improving the interoperability
of the military forces of the United
States and Taiwan; and
(iii) improving the reserve force
of Taiwan; and
(F) expanding cooperation in humanitarian
assistance and disaster relief;
(2) the Secretary of State should ensure that any
policy guidance related to United States-Taiwan
relations is fully consistent with the statement of
policy set forth in subsection (a);
(3) the Secretary of Defense should ensure that
policy guidance related to United States-Taiwan defense
relations is fully consistent with the statement of
policy set forth in subsection (a); and
(4) the Secretary of State, the Secretary of
Defense, and the heads of other Federal agencies and
departments, as appropriate, should issue new guidance
as required to carry out such policy.
SEC. 1260A. ANNUAL BRIEFING ON TAIWAN ARMS SALES.
(a) In General.--Not later than 45 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, or his or her designee, shall brief the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives on the
United States commitment to supporting Taiwan in maintaining a
sufficient self-defense capability, as required by the Taiwan
Relations Act (22 U.S.C. 3301 et seq.) and affirmed in the Asia
Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
(b) Elements.--Each briefing required by subsection (a)
shall include the following:
(1) A description of United States efforts to
implement section 209(b) of the Asia Reassurance
Initiative Act of 2018 (22 U.S.C. 3301 note) by
conducting regular transfers to Taiwan of defense
articles tailored to meet the existing and likely
future threats from the People's Republic of China,
including any effort to support Taiwan in the
development and integration into its military forces of
asymmetric capabilities, as appropriate, including
mobile, survivable, and cost-effective capabilities.
(2) A description of the role of such transfers of
defense articles and services in supporting Taiwan in
maintaining the capabilities, readiness levels, and
resourcing necessary to fulfill and implement Taiwan's
Overall Defense Concept.
(3) A description of--
(A) United States efforts to conduct a
regularized process for consideration of
transfers of defense articles and services to
Taiwan; and
(B) any barriers to conducting such a
process.
(c) Sunset.--This section shall cease to have effect on
December 31, 2026.
SEC. 1260B. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY
PARTNERSHIP.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of Health and Human Services, shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility of establishing a
medical security partnership with the Ministry of Defense of
Taiwan that shall include the following:
(1) The goals and objectives of developing a
medical security partnership on issues related to
pandemic preparedness and control.
(2) A discussion of current and future plans to
cooperate on medical security activities.
(3) An evaluation of the feasibility of cooperating
on a range of activities under the partnership,
including--
(A) research and production of vaccines and
medicines;
(B) joint conferences with scientists and
experts;
(C) collaboration relating to and exchanges
of medical supplies and equipment; and
(D) the use of hospital ships such as the
United States Naval Ship Comfort and United
States Naval Ship Mercy.
(4) Any other matters the Secretary of Defense
determines appropriate.
SEC. 1260C. ESTABLISHMENT OF CAPABILITIES TO ASSESS THE DEFENSE
TECHNOLOGICAL AND INDUSTRIAL BASES OF CHINA AND
OTHER FOREIGN ADVERSARIES.
(a) Assessments.--The Secretary of Defense, in coordination
with the heads of other Federal departments and agencies as
appropriate, shall define intelligence and other information
requirements, sources, and organizational responsibilities for
assessing the defense technological and industrial bases of
foreign adversaries and conducting comparative analyses of such
technological and industrial bases with respect to their
resilience and capacity to support their strategic objectives.
The requirements, sources, and responsibilities shall include--
(1) examining the competitive military advantages
of foreign adversaries, including with respect to
regulation, raw materials, use of energy and other
natural resources, education, labor, and capital
accessibility;
(2) assessing relative cost, speed of product
development, age and value of the installed capital
base, leadership's technical competence and agility,
nationally-imposed inhibiting conditions by foreign
adversaries, the availability of human and material
resources, and reliance on the industrial base of the
United States or United States allies and partners;
(3) a temporal evaluation of the competitive
strengths and weaknesses of United States industry,
including manufacturing surge capacity, versus the
directed priorities and capabilities of foreign
adversary governments; and
(4) assessing any other issues that the Secretary
determines appropriate.
(b) Methodology.--The Secretary of Defense shall
incorporate inputs pursuant to subsection (a) as part of a
methodology to continuously assess domestic and foreign defense
industries, markets, and companies of significance to military
and industrial advantage to identify supply chain
vulnerabilities.
(c) Conduct of Assessment Work by Independent
Organization.--
(1) Agreement authorized.--The Secretary of Defense
is authorized to enter into an agreement with an
independent organization to carry out some of the
assessment work required under subsections (a) and (b).
(2) Notification.--If the Secretary enters such an
agreement, the Secretary shall, not later than March
15, 2021, provide to the congressional defense
committees a report identifying the organization and
describing the scope of work under the agreement.
(d) Reports.--
(1) Initial report.--Not later than March 15, 2021,
the Secretary of Defense shall submit to the
congressional defense committees a report on efforts to
establish the continuous assessment activity required
under subsections (a) and (b), including a notification
if the Secretary engages an independent organization,
pursuant to subsection (c), to prepare the report
described in paragraph (2).
(2) Subsequent report.--
(A) In general.--Not later than August 1,
2021, the Secretary shall submit to the
congressional defense committees a report on
the first assessment required under subsections
(a) and (b) with respect to the People's
Republic of China.
(B) Elements.--The report required by
subparagraph (A) shall include--
(i) the information described in
subsection (a);
(ii) any exclusive or dominant
supply of military and civilian
material, raw materials, or other goods
(or components thereof) essential to
China's national security by the United
States or United States allies and
partners; and
(iii) the availability of
substitutes or alternative sources for
goods identified under clause (ii).
(3) Inclusion of independent organization's
assessment work.--If the Secretary enters into an
agreement with an independent organization under
subsection (c), the Secretary shall include the
assessment work carried out by the organization under
the agreement without change, but may include comments
with respect to such assessment work.
SEC. 1260D. EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 113 note) is amended in the
first sentence by striking ``January 31, 2021'' and inserting
``January 31, 2022''.
SEC. 1260E. SENSE OF CONGRESS ON THE AGGRESSION OF THE GOVERNMENT OF
CHINA ALONG THE BORDER WITH INDIA AND ITS GROWING
TERRITORIAL CLAIMS.
It is the sense of Congress that--
(1) continued military aggression by the Government
of China along the border with India is a significant
concern;
(2) the Government of China should work with the
Government of India toward de-escalating the situation
along the Line of Actual Control through existing
diplomatic mechanisms and refrain from attempting to
settle disputes through coercion or force; and
(3) attempts by the Government of China to advance
baseless territorial claims, including those in the
South China Sea, the East China Sea, and with respect
to Bhutan, are destabilizing and inconsistent with
international law.
SEC. 1260F. ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER CHINA FROM
ENGAGING IN INDUSTRIAL ESPIONAGE AND CYBER THEFT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees an assessment of the
effectiveness of the National Cyber Strategy to deter
industrial espionage and large-scale cyber theft of
intellectual property and personal information conducted by the
People's Republic of China, People's Republic of China persons
or entities, or persons or entities acting on behalf of the
People's Republic of China against the United States or United
States persons.
(b) Matters to Be Included.--The assessment required by
subsection (a) shall include the following:
(1) A discussion of United States interests in
preventing such industrial espionage and cyber theft
and the impact on the United States and its economy
from such activities.
(2) A general discussion of--
(A) the criteria used to determine when the
United States Government will seek to deter
such industrial espionage and cyber theft; and
(B) the means by which the United States
will seek to deter such industrial espionage
and cyber theft, and demonstrate the
credibility of United States resolve to defend
its interests in cyberspace.
(3) An assessment of China's adherence to previous
agreements related to such industrial espionage and
cyber theft with the United States and applicability of
international laws, including known violations.
(4) An assessment of China's actions to direct
proxies, surrogates, or state-sponsored nongovernmental
entities to engage in such industrial espionage or
cyber theft.
(5) Recommendations consistent with a whole-of-
government approach to countering such industrial
espionage and cyber theft.
(c) Update.--
(1) In general.--Not later than 1 year after the
date of the submission of the assessment required by
subsection (a), and biennially thereafter, the
President shall submit to the appropriate congressional
committees an update of the assessment, including--
(A) an update on the effectiveness of the
National Cyber Strategy;
(B) a summary of the lessons learned; and
(C) a summary of any planned changes or
recommendations to the effectiveness or
implementation of the strategy.
(2) Sunset.--The requirement to submit the update
under paragraph (1) shall terminate on December 31,
2025.
(d) Form.--The assessment required by subsection (a) and
the update required by subsection (c) shall be submitted in
unclassified form.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, the
Committee on Energy and Commerce, the Committee on
Homeland Security, the Committee on Oversight and
Reform, and the Committee on Financial Services of the
House of Representatives; and
(2) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Banking, Housing, and
Urban Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Government Affairs, and the Committee on the Judiciary
of the Senate.
SEC. 1260G. REPORT ON UNITED FRONT WORK DEPARTMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the head of each relevant Federal department
and agency, shall submit to the appropriate congressional
committees, an unclassified report, which may include a
classified annex, on the national security risks posed by the
United Front Work Department of the Chinese Communist Party and
affiliated organizations in the United States and abroad that
includes each of the following:
(1) A description of the extent to which the
activities of the United Front Work Department poses a
threat to the national defense and national security of
the United States.
(2) An evaluation of how the United Front Work
Department's overseas activities support the Chinese
Communist Party's strategy and goals abroad.
(3) A description of known United Front Work
Department political influence operations.
(4) The strategy and capabilities of the United
States Government to detect, deter, counter, and
disrupt United Front Work Department influence
operations and activities in the United States and
other countries, consistent with the protection of the
civil rights, civil liberties, and privacy of all
Americans; and
(5) An evaluation of the actions the United States
Government should consider in response to the
activities of the United Front Work Department in the
United States and other countries.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Appropriations, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1260H. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN
THE UNITED STATES.
(a) Determination.--The Secretary of Defense shall identify
each entity the Secretary determines, based on the most recent
information available, is operating directly or indirectly in
the United States or any of its territories and possessions,
that is a Chinese military company.
(b) Reporting and Publication.--
(1) Annual report.--Not later than April 15, 2021,
and annually thereafter until December 31, 2030, the
Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a list of each entity identified pursuant to subsection
(a) to be a Chinese military company, in classified and
unclassified forms, and shall include in such
submission, as applicable, an explanation of any
entities deleted from such list with respect to a prior
list.
(2) Concurrent publication.--Concurrent with the
submission of each list described in paragraph (1), the
Secretary shall publish the unclassified portion of
such list in the Federal Register.
(3) Ongoing revisions.--The Secretary shall make
additions or deletions to the most recent list
submitted under paragraph (1) on an ongoing basis based
on the latest information available.
(c) Consultation.--The Secretary may consult with the head
of any appropriate Federal department or agency in making the
determinations described in subsection (a) and shall transmit a
copy of each list submitted under subsection (b)(1) to the
heads of each appropriate Federal department and agency.
(d) Definitions.--In this section:
(1) Chinese military company.--The term ``Chinese
military company''--
(A) does not include natural persons; and
(B) means an entity that is--
(i)(I) directly or indirectly
owned, controlled, or beneficially
owned by, or in an official or
unofficial capacity acting as an agent
of or on behalf of, the People's
Liberation Army or any other
organization subordinate to the Central
Military Commission of the Chinese
Communist Party; or
(II) identified as a
military-civil fusion
contributor to the Chinese
defense industrial base; and
(ii) engaged in providing
commercial services, manufacturing,
producing, or exporting.
(2) Military-civil fusion contributor.--The term
``military-civil fusion contributor'' includes any of
the following:
(A) Entities knowingly receiving assistance
from the Government of China or the Chinese
Communist Party through science and technology
efforts initiated under the Chinese military
industrial planning apparatus.
(B) Entities affiliated with the Chinese
Ministry of Industry and Information
Technology, including research partnerships and
projects.
(C) Entities receiving assistance,
operational direction or policy guidance from
the State Administration for Science,
Technology and Industry for National Defense.
(D) Any entities or subsidiaries defined as
a ``defense enterprise'' by the State Council
of the People's Republic of China.
(E) Entities residing in or affiliated with
a military-civil fusion enterprise zone or
receiving assistance from the Government of
China through such enterprise zone.
(F) Entities awarded with receipt of
military production licenses by the Government
of China, such as a Weapons and Equipment
Research and Production Unit Classified
Qualification Permit, Weapons and Equipment
Research and Production Certificate, Weapons
and Equipment Quality Management System
Certificate, or Equipment Manufacturing Unit
Qualification.
(G) Entities that advertise on national,
provincial, and non-governmental military
equipment procurement platforms in the People's
Republic of China.
(H) Any other entities the Secretary
determines is appropriate.
(3) People's liberation army.--The term ``People's
Liberation Army'' means the land, naval, and air
military services, the People's Armed Police, the
Strategic Support Force, the Rocket Force, and any
other related security element within the Government of
China or the Chinese Communist Party that the Secretary
determines is appropriate.
SEC. 1260I. REPORT ON DIRECTED USE OF FISHING FLEETS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the Office
of Naval Intelligence shall submit to the appropriate
congressional committees an unclassified report on the use of
distant-water fishing fleets by foreign governments as
extensions of such countries' official maritime security
forces, including the manner and extent to which such fishing
fleets are leveraged in support of naval operations and foreign
policy more generally. The report shall also consider the
threats, on a country-by-country basis, posed by such use of
distant-water fishing fleets to--
(1) fishing or other vessels of the United States
and partner countries;
(2) United States and partner naval and coast guard
operations; and
(3) other interests of the United States and
partner countries.
(b) Appropriate Congressional Committees Defined.--For
purposes of this section, the term ``appropriate congressional
committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(3) the Committee on Foreign Affairs and the
Committee on Energy and Commerce of the House of
Representatives.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic
Transition, Accountability, and Fiscal Transparency Act of
2020''.
SEC. 1262. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of
the Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Foreign Affairs of the
House of Representatives; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for
Reconstruction and Development;
(C) the International Development
Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment
Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction
and Development;
(J) the Multilateral Investment Guaranty
Agency; and
(K) any multilateral financial institution,
established after the date of the enactment of
this Act, that could provide financial
assistance to the Government of Sudan.
(3) Sovereignty council.--The term ``Sovereignty
Council'' means the governing body of Sudan during the
transitional period that consists of--
(A) 5 civilians selected by the Forces of
Freedom and Change;
(B) 5 members selected by the Transitional
Military Council; and
(C) 1 member selected by agreement between
the Forces of Freedom and Change and the
Transitional Military Council.
(4) Sudanese security and intelligence services.--
The term ``Sudanese security and intelligence
services'' means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan's Popular Defense Forces and
other paramilitary units;
(D) Sudan's police forces;
(E) the General Intelligence Service,
previously known as the National Intelligence
and Security Services; and
(F) related entities, such as Sudan's
Military Industry Corporation.
(5) Transitional period.--The term ``transitional
period'' means the 39-month period beginning on August
17, 2019 (the date of the signing of Sudan's
constitutional charter), during which--
(A) the members of the Sovereignty Council
described in paragraph (3)(B) select a chair of
the Council for the first 21 months of the
period; and
(B) the members of the Sovereignty Council
described in paragraph (3)(A) select a chair of
the Council for the remaining 18 months of the
period.
SEC. 1263. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support a civilian-led political transition
in Sudan that results in a democratic government, which
is accountable to its people, respects and promotes
human rights, is at peace internally and with its
neighbors, and can be a partner for regional stability;
(2) to support the implementation of Sudan's
constitutional charter for the transitional period; and
(3) to pursue a strategy of calibrated engagement
with Sudan that includes--
(A) facilitating an environment for free,
fair, and credible democratic elections and a
pluralistic and representative political
system;
(B) supporting reforms that improve
transparency and accountability, remove
restrictions on civil and political liberties,
and strengthen the protection of human rights,
including religious freedom;
(C) strengthening civilian institutions,
judicial independence, and the rule of law;
(D) empowering civil society and
independent media;
(E) promoting national reconciliation and
enabling a just, comprehensive, and sustainable
peace;
(F) promoting the role of women in
government, the economy, and society, in
recognition of the seminal role that women
played in the social movement that ousted
former president Omar al-Bashir;
(G) promoting accountability for genocide,
war crimes, crimes against humanity, and sexual
and gender-based violence;
(H) encouraging the development of civilian
oversight over and professionalization of the
Sudanese security and intelligence services and
strengthening accountability for human rights
violations and abuses, corruption, or other
abuses of power;
(I) promoting economic reform, private
sector engagement, and inclusive economic
development while combating corruption and
illicit economic activity, including that which
involves the Sudanese security and intelligence
services;
(J) securing unfettered humanitarian access
across all regions of Sudan;
(K) supporting improved development
outcomes, domestic resource mobilization, and
catalyzing market-based solutions to improve
access to health, education, water and
sanitation, and livelihoods; and
(L) promoting responsible international and
regional engagement.
SEC. 1264. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN
RIGHTS, AND FUNDAMENTAL FREEDOMS.
(a) Sense of Congress.--It is the sense of Congress that
the political transition in Sudan, following several months of
popular protests against the regime of Omar al-Bashir,
represents an opportunity for the United States to support
democracy, good governance, rule of law, human rights, and
fundamental freedoms in Sudan.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.)--
(1) to provide for democracy and governance
programs that strengthen and build the capacity of
representative civilian government institutions,
political parties, and civil society in Sudan;
(2) to support the organization of free, fair, and
credible elections in Sudan;
(3) to provide technical support for legal and
policy reforms that improve transparency and
accountability and protect human rights, including
religious freedom, and civil liberties in Sudan;
(4) to support human rights and fundamental
freedoms in Sudan, including the freedoms of--
(A) religion or belief;
(B) expression, including for members of
the press;
(C) assembly; and
(D) association;
(5) to support measures to improve and increase
women's participation in the political, economic, and
social sectors of Sudan; and
(6) to support other related democracy, good
governance, rule of law, and fundamental freedom
programs and activities.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to carry out part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,
$20,000,000 is authorized to be appropriated for each such
fiscal year to carry out this section.
SEC. 1265. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.) and under the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C. 9601
et seq.) for programs in Sudan--
(1) to increase agricultural and livestock
productivity;
(2) to promote economic growth, increase private
sector productivity and advance market-based solutions
to address development challenges;
(3) to support women's economic empowerment and
economic opportunities for youth and previously
marginalized populations;
(4) to improve equal access to quality basic
education;
(5) to support the capacity of universities to
equip students to participate in a pluralistic and
global society through virtual exchange and other
programs;
(6) to improve access to water, sanitation, and
hygiene projects;
(7) to build the capacity of national and
subnational government officials to support the
transparent management of public resources, promote
good governance through combating corruption and
improving accountability, increase economic
productivity, and increase domestic resource
mobilization; and
(8) to support other related economic assistance
programs and activities.
(b) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to carry out part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,
$80,000,000 is authorized to be appropriated for each such
fiscal year to carry out this section.
SEC. 1266. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapters 4,
5, and 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.)--
(1) to support long-term peace and stability in
Sudan by promoting national reconciliation and enabling
a just, comprehensive, and sustainable peace,
especially in regions that have been underdeveloped or
affected by war, such as the states of Darfur, South
Kordofan, Blue Nile, Red Sea, and Kassala;
(2) to support civil society and other
organizations working to address conflict prevention,
mitigation, and resolution mechanisms and people-to-
people reconciliation in Sudan, especially those
addressing issues of marginalization and vulnerable
groups, equal protection under the law, natural
resource management, compensation and restoration of
property, voluntary return, and sustainable solutions
for displaced persons and refugees;
(3) to strengthen civilian oversight of the
Sudanese security and intelligence services and ensure
that such services are not contributing to the
perpetuation of conflict in Sudan and to the limitation
of the civil liberties of all people in Sudan;
(4) to assist in the human rights vetting and
professional training of security force personnel due
to be employed or deployed by the Sudanese security and
intelligence services in regions that have been
underdeveloped or affected by war, such as the states
of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala, including members of any security forces being
established pursuant to a peace agreement relating to
such regions;
(5) to support provisions of the Comprehensive
Peace Agreement of 2005 and Abyei protocol, as
appropriate, unless otherwise superseded by a new
agreement signed in good faith--
(A) between stakeholders in this region and
the Governments of Sudan and South Sudan to
hold a free, fair, and credible referendum on
the status of Abyei; and
(B) between stakeholders in this region and
the Government of Sudan to support popular
consultations on the status of the states of
South Kordofan and Blue Nile; and
(6) to support other related conflict mitigation
programs and activities.
(b) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to carry out part I and chapters
4 and 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) for fiscal
years 2021 and 2022, $20,000,000 is authorized to be
appropriated for each such fiscal year to carry out this
section.
SEC. 1267. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN SUDAN.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State should conduct robust diplomatic
engagement to promote accountability and provide technical
support to ensure that credible, transparent, and independent
investigations of gross violations of human rights perpetrated
by the Government of Sudan under former President Omar al-
Bashir and the Transitional Military Council since June 30,
1989.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.)--
(1) to build the capacity of civilian investigators
within and outside of Sudan on how to document,
investigate, develop findings of, identify, and locate
those responsible for war crimes, crimes against
humanity, or genocide in Sudan;
(2) to collect, document, and protect evidence of
war crimes, crimes against humanity, and genocide in
Sudan and preserve the chain of custody for such
evidence, including by providing support for Sudanese,
foreign, and international nongovernmental
organizations, and other entities engaged in such
investigative activities;
(3) to build Sudan's judicial capacity to support
prosecutions in domestic courts and support
investigations by hybrid or international courts as
appropriate;
(4) to protect witnesses who participate in court
proceedings or other transitional justice mechanisms;
and
(5) to support other related conflict mitigation
programs and activities.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to carry out part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,
$10,000,000 is authorized to be appropriated for each such
fiscal year to carry out this section.
SEC. 1268. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 1264, 1265,
1266, or 1267 to the Government of Sudan if the President
determines that conditions in Sudan or the composition of the
Government of Sudan changes such that it is no longer in the
United States national interest to continue to provide such
assistance.
(b) Report.--Not later than 30 days after making a
determination under subsection (a), the President shall submit
to the appropriate congressional committees a report that
describes--
(1) the political and security conditions in Sudan
that led to such determination; and
(2) any planned diplomatic engagement to restart
the provision of such assistance.
SEC. 1269. MULTILATERAL ASSISTANCE.
(a) Sense of the Congress.--It is the sense of the Congress
that--
(1) Sudan's economic challenges are a legacy of
decades of kleptocracy, economic mismanagement, and
war;
(2) Sudan's economic recovery will depend on--
(A) combating corruption and illicit
economic activity;
(B) ending internal conflicts in the states
of Darfur, South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and
development; and
(3) the COVID-19 outbreak constitutes a grave
danger to Sudan's economic stability, public health,
and food security and jeopardizes the transition to a
civilian-led government that promotes the democratic
aspirations of the Sudanese people.
(b) Responding to the COVID-19 Outbreak.--During the
transitional period, and notwithstanding any other provision of
law, the Secretary of the Treasury may instruct the United
States Executive Director at each international financial
institution to use the voice and vote of the United States to
support loans or other utilization of the funds of the
respective institution for Sudan for the purpose of addressing
basic human needs, responding to the COVID-19 outbreak and its
impact on the country's economic stability, or promoting
democracy, governance, or public financial management in Sudan.
(c) Debt Relief.--Upon the removal of Sudan from the State
Sponsors of Terrorism List, and once the Sovereignty Council is
chaired by a civilian leader, the Secretary of the Treasury and
the Secretary of State should engage with international
financial institutions and other bilateral official creditors
to advance agreement through the Heavily Indebted Poor
Countries (HIPC) Initiative to restructure, reschedule, or
cancel the sovereign debt of Sudan.
(d) Reporting Requirement.--Not later than 3 months after
the date of the enactment of this Act, and not less frequently
than once every 6 months thereafter during the transitional
period, the Secretary of the Treasury, in consultation with the
Secretary of State, shall report to the appropriate
congressional committees regarding the extent to which the
transitional government of Sudan has taken demonstrable steps
to strengthen governance and improve fiscal transparency,
including--
(1) establishing civilian control over the finances
and assets of the Sudanese security and intelligence
services;
(2) developing a transparent budget that accounts
for all expenditures related to the security and
intelligence services;
(3) identifying the shareholdings in all public and
private companies not exclusively dedicated to the
national defense held or managed by the security and
intelligence services, and publicly disclosing,
evaluating, and transferring all such shareholdings to
the Ministry of Finance of the Government of Sudan or
to any specialized entity of the Government of Sudan
established under law for this purpose, which is
ultimately accountable to a civilian authority;
(4) ceasing the involvement of the security and
intelligence services officials, and their immediate
family members, in the illicit trade in mineral
resources, including petroleum and gold;
(5) implementing a publicly transparent methodology
for the Government of Sudan to recover, evaluate, hold,
manage, or divest any state assets and the profits
derived from the assets that may have been transferred
to the National Congress Party, an affiliate of the
National Congress Party, or an official of the National
Congress Party in the individual capacity of such an
official;
(6) identifying and monitoring the nature and
purpose of offshore financial resources controlled by
the security and intelligence services; and
(7) strengthening banking regulation and
supervision and addressing anti-money laundering and
counter-terrorism financing deficiencies.
(e) Appropriate Congressional Committees Defined.--
Notwithstanding section 1262, in this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) Committee on Foreign Affairs of the House of
Representatives;
(4) the Committee on Appropriations of the House of
Representatives; and
(5) the Committee on Financial Services of the
House of Representatives.
SEC. 1270. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE
SUDANESE PEOPLE.
The Secretary of State, in coordination with the Secretary
of the Treasury and the Attorney General, shall seek to advance
the efforts of the Government of Sudan to recover assets stolen
from the Sudanese people, including with regard to
international efforts--
(1) to identify and track assets taken from the
people and institutions of Sudan through theft,
corruption, money laundering, or other illicit means;
and
(2) with respect to assets identified pursuant to
paragraph (1), to work with foreign governments and
international organizations--
(A) to share financial investigations
intelligence, as appropriate;
(B) to oversee and manage the assets
identified pursuant to paragraph (1);
(C) to advance civil forfeiture litigation,
as appropriate, including providing technical
assistance to help governments establish the
necessary legal framework to carry out asset
forfeitures; and
(D) to work with the Government of Sudan to
ensure that a credible mechanism is established
to ensure that any recovered assets are managed
in a transparent and accountable fashion and
ultimately used for the benefit of the Sudanese
people, provided that--
(i) returned assets are not used
for partisan political purposes; and
(ii) there are robust financial
management and oversight measures to
safeguard repatriated assets.
SEC. 1270A. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND
INTELLIGENCE SERVICES.
(a) In General.--The President may not provide assistance
(other than assistance authorized under section 1266) to the
Sudanese security and intelligence services until the President
submits to Congress a certification that the Government of
Sudan has met the conditions described in subsection (c).
(b) Exception; Waiver.--
(1) Exception.--The Secretary of State may, as
appropriate and notwithstanding any other provision of
law, provide assistance for the purpose of
professionalizing the Sudanese security and
intelligence services, through institutions such as the
Africa Center for Strategic Studies and the United
States Institute of Peace.
(2) Waiver.--The President may waive the limitation
on the provision of assistance under subsection (a) if,
not later than 30 days before the assistance is to be
provided, the President submits to the appropriate
congressional committees--
(A) a list of the activities and
participants to which such waiver would apply;
(B) a justification that the waiver is in
the national security interest of the United
States; and
(C) a certification that the participants
have met the requirements of either section
620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) for programs funded through
Department of State appropriations or section
362 of title 10, United States Code, for
programs funded through Department of Defense
appropriations.
(c) Conditions.--
(1) In general.--The conditions described in this
subsection are that the Sudanese security and
intelligence services--
(A) have demonstrated progress in
undertaking security sector reform, including
reforms that professionalize such security and
intelligence services, improve transparency,
and reforms to the laws governing the Sudanese
security forces, such as of the National
Security Act, 2010 and the Armed Forces Act,
2007;
(B) support efforts to respect human
rights, including religious freedom, and hold
accountable any members of such security and
intelligence services responsible for human
rights violations and abuses, including by
taking demonstrable steps to cooperate with
local or international mechanisms of
accountability, to ensure that those
responsible for war crimes, crimes against
humanity, and genocide committed in Sudan are
brought to justice;
(C) are under civilian oversight, subject
to the rule of law, and are not undertaking
actions to undermine a civilian-led
transitional government or an elected civilian
government;
(D) have refrained from targeted attacks
against religious or ethnic minority groups,
have negotiated in good faith during the peace
process and constructively participated in the
implementation of any resulting peace
agreements, and do not impede inclusive
political participation;
(E) allow unfettered humanitarian access by
United Nations organizations and specialized
agencies and domestic and international
humanitarian organizations to civilian
populations in conflict-affected areas;
(F) cooperate with the United Nations High
Commissioner for Refugees and organizations
affiliated with the United Nations to allow for
the protection of displaced persons and the
safe, voluntary, sustainable, and dignified
return of refugees and internally displaced
persons; and
(G) take constructive steps to investigate
all reports of unlawful recruitment of children
by Sudanese security forces and prosecute those
found to be responsible.
(2) Form.--The certification described in
subsection (a) containing the conditions described in
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
(d) Sunset.--This section shall terminate on the date that
is the earlier of--
(1) the date that is 2 years after the date of the
enactment of this Act; or
(2) the date on which the President determines that
a successful rotation of military to civilian
leadership in the Sovereignty Council has occurred.
SEC. 1270B. REPORTS.
(a) Report on Accountability for Human Rights Abuses.--Not
later than 180 days after the date of the enactment of this
Act, and annually thereafter for 2 years, the President shall
submit a report to the appropriate congressional committees
that--
(1) summarizes reports of gross violations of human
rights, including sexual and gender-based violence,
committed against civilians in Sudan, including members
of the Sudanese security and intelligence services or
any associated militias, between December 2018 and the
date of the submission of the report;
(2) provides an update on any potential
transitional justice mechanisms in Sudan to
investigate, charge, and prosecute alleged perpetrators
of gross violations of human rights in Sudan since June
30, 1989, including with respect to the June 3, 2019
massacre in Khartoum;
(3) provides an analysis of whether the gross
violations of human rights summarized pursuant to
paragraph (1) amount to war crimes, crimes against
humanity, or genocide; and
(4) identifies specific cases since the beginning
of the transitional period in which members of the
Sudanese security and intelligence services have been
charged and prosecuted for actions that constitute
gross violations of human rights perpetrated since June
30, 1989.
(b) Report on Certain Activities and Finances of Senior
Officials of the Government of Sudan.--Not later than 180 days
after the date of the enactment of this Act, and 1 year
thereafter, the President shall submit a report to the
appropriate congressional committees that--
(1) describes the actions and involvement of any
previous or current senior officials of the Government
of Sudan since the establishment of the transitional
government in August 2019 in--
(A) directing, carrying out, or overseeing
gross violations of human rights;
(B) directing, carrying out, or overseeing
the unlawful use or recruitment of children by
armed groups or armed forces in the context of
conflicts in Sudan, Libya, Yemen, or other
countries;
(C) directing, carrying out, or colluding
in significant acts of corruption;
(D) directing, carrying out, or overseeing
any efforts to circumvent the establishment of
civilian control over the finances and assets
of the Sudanese security and intelligence
services; or
(E) facilitating, supporting, or financing
terrorist activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial
institutions, including offshore financial
institutions, in which senior officials of the
Government of Sudan whose actions are described in
paragraph (1) hold significant assets, and provides an
estimate of the value of such assets;
(3) identifies any information United States
Government agencies have obtained since August 2019
regarding persons, foreign governments, and Sudanese or
foreign financial institutions that knowingly
facilitate, finance, or otherwise benefit from
corruption or illicit economic activity in Sudan,
including the export of mineral resources, and, in
particular, if that trade is violating any United
States restrictions that remain in place by legislation
or Executive order;
(4) identifies any information United States
Government agencies have obtained since August 2019
regarding senior officials of the Government of Sudan
who are personally involved in the illicit trade in
mineral resources, including petroleum and gold; and
(5) identifies any information United States
Government agencies have obtained since August 2019
regarding individuals or foreign governments that have
provided funds to individual members of the Sovereignty
Council or the Cabinet outside of the Central Bank of
Sudan or the Ministry of Finance.
(c) Report on Sanctions Pursuant to Executive Order No.
13400.--Not later than 180 days after the date of the enactment
of this Act, the President shall submit a report to the
appropriate congressional committees that identifies the senior
Sudanese government officials that President determines meet
the criteria to be sanctionable pursuant to Executive Order No.
13400 (71 Fed. Reg. 25483; relating to blocking property of
persons in connection with the conflict in Sudan's Darfur
region).
(d) Form.--The reports required under subsections (b) and
(c) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1270C. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED
GOVERNMENT IN SUDAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the Secretary of the
Treasury, shall submit a strategy to the appropriate
congressional committees that includes--
(1) a clear articulation of specific United States
goals and objectives with respect to a successful
completion of the transitional period and a plan to
achieve such goals and objectives;
(2) a description of assistance and diplomatic
engagement to support a civilian-led government in
Sudan for the remainder of the transitional period,
including any possible support for the organization of
free, fair, and credible elections;
(3) an assessment of the legal and policy reforms
that have been and need to be taken by the government
in Sudan during the transitional period in order to
promote--
(A) human rights;
(B) freedom of religion, speech, press,
assembly, and association; and
(C) accountability for human rights abuses,
including for sexual and gender-based violence
perpetrated by members of the Sudanese security
and intelligence services;
(4) a description of efforts to address the legal
and policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development
assistance to Sudan and a plan for coordinating such
assistance with international donors, regional
partners, and local partners;
(6) a description of monitoring and evaluation
plans for all forms of assistance to be provided under
the strategy in accordance with the monitoring and
evaluation requirements of section 4 of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law
114-191), including a detailed description of all
associated goals and benchmarks for measuring impact;
and
(7) an assessment of security sector reforms
undertaken by the Government of Sudan, including
efforts to demobilize or integrate militias and to
foster civilian control of the armed services.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and the Secretary of the Treasury,
shall submit a report to the appropriate congressional
committees that includes--
(1) a detailed description of the efforts taken to
implement this subtitle; and
(2) recommendations for legislative or
administrative measures to facilitate the
implementation of this subtitle.
SEC. 1270D. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF
2006.
Section 8(c)(1) of the Darfur Peace and Accountability Act
of 2006 (Public Law 109-344; 50 U.S.C. 1701 note) is amended by
striking ``Southern Sudan,'' and all that following through
``Khartoum,'' and inserting ``Sudan''.
SEC. 1270E. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN
SUDAN ACT.
(a) Sudan Peace Act.--Effective January 1, 2020, the Sudan
Peace Act (Public Law 107-245; 50 U.S.C. 1701 note) is
repealed.
(b) Comprehensive Peace in Sudan Act.--Effective January 1,
2020, the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497; 50 U.S.C. 1701 note) is repealed.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``United States-Israel
Security Assistance Authorization Act of 2020''.
SEC. 1272. SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP.
It is the sense of Congress that--
(1) the strong and enduring relationship between
the United States and Israel is in the national
security interests of both countries;
(2) the United States should continue to provide
assistance to the Government of Israel for the
development and acquisition of the advanced
capabilities that Israel requires to meet its security
needs and to enhance United States capabilities;
(3) such assistance is critical as Israel confronts
a number of security challenges, including continuing
threats from Iran;
(4) the memorandum of understanding signed by the
United States and Israel on September 14, 2016,
including the provisions of the memorandum relating to
missile and rocket defense cooperation, continues to be
a critical component of the bilateral relationship; and
(5) science and technology innovations present
promising new opportunities for future United States-
Israel economic and security cooperation.
SEC. 1273. SECURITY ASSISTANCE FOR ISRAEL.
Section 513(c) of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 856) is amended--
(1) in paragraph (1), by striking ``2002 and 2003''
and inserting ``2021, 2022, 2023, 2024, 2025, 2026,
2027, and 2028''; and
(2) in paragraph (2), by striking ``equal to--''
and all that follows and inserting ``not less than
$3,300,000,000.''.
SEC. 1274. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--
Section 12001(d) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by
striking ``September 30, 2020'' and inserting ``after September
30, 2025''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``2013, 2014, 2015,
2016, 2017, 2018, 2019, and 2020'' and inserting ``2021, 2022,
2023, 2024, and 2025''.
SEC. 1275. RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS
TO ISRAEL ABOVE THE ANNUAL RESTRICTION.
(a) In General.--Notwithstanding section 514(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and
subject to subsections (b) and (c) of this section, the
President, acting through the Secretary of Defense and with the
concurrence of the Secretary of State, is authorized to
transfer to Israel precision-guided munitions from reserve
stocks, including the War Reserve Stockpile for Allies-Israel,
consistent with--
(1) all other requirements set forth in the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and
(2) the requirements set forth in the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(b) Conditions.--Except in the case of an emergency, as
determined by the President, a transfer under subsection (a) of
this section may only occur if the transfer--
(1) does not affect the ability of the United
States to maintain a sufficient supply of precision-
guided munitions to satisfy United States warfighting
requirements;
(2) does not harm the combat readiness of the
United States;
(3) does not affect the ability of the United
States to meet its commitments to allies with respect
to the transfer of precision-guided munitions; and
(4) is in the national security interest of the
United States.
(c) Certification.--
(1) In general.--Except in the case of an
emergency, as determined by the President, not later
than 15 days before making a transfer under subsection
(a) of this section, the Secretary of Defense, with the
concurrence of the Secretary of State, shall certify to
the appropriate congressional committees that the
transfer meets the conditions specified in subsection
(b) of this section.
(2) Emergencies.--In the case of an emergency, as
determined by the President, not later than 5 days
after making a transfer under subsection (a) of this
section, the President shall--
(A) certify to the appropriate
congressional committees that the transfer
supports the national security interests of the
United States; and
(B) provide to the appropriate committees
of Congress an assessment of the impacts,
risks, and mitigation measures with respect to
the matters referred to in paragraphs (1)
through (4) of subsection (b) of this section.
(d) Assessment.--
(1) In general.--The Secretary of Defense shall
conduct an assessment with respect to the following
matters:
(A) The current quantity and type of
precision-guided munitions in the stockpile
pursuant to section 12001(d) of the Department
of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 1011), as amended.
(B) The quantity and type of precision-
guided munitions necessary for Israel to combat
Hezbollah and hostile forces that threaten
Israel.
(C) The quantity and type of precision-
guided munitions necessary for Israel in the
event of a sustained armed confrontation with
other armed groups and terrorist organizations.
(D) The current United States inventory of
precision-guided munitions of the type
specified in subparagraphs (A), (B), and (C)
and ability of that inventory to meet
requirements of current Operation Plans.
(E) Department of Defense efforts to expand
precision-guided munitions production and
stockpiles to meet operational requirements.
(F) Israel's efforts to expand precision-
guided munitions production and stockpiles to
meet operational requirements.
(2) Report.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary of Defense shall submit to the
appropriate congressional committees a report
on the results of the assessment required by
paragraph (1), including a description of such
results with respect to each matter described
in that paragraph.
(B) Form.--The report required by
subparagraph (A) shall be submitted in
classified form.
(e) Termination.--The authority of the President to
transfer precision-guided munitions under this section shall
terminate on the date that is three years after the date of the
enactment of this Act.
SEC. 1276. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
REQUIREMENTS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees by describing the steps taken to
include Israel in the list of countries eligible for the
strategic trade authorization exception under section
740.20(c)(1) of title 15, Code of Federal Regulations, as
required under section 6(b) of the United States-Israel
Strategic Partnership Act of 2014 (Public Law 113-296; 128
Stat. 4076; 22 U.S.C. 8603 note).
SEC. 1277. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA
OF UNDERSTANDING TO ENHANCE COOPERATION WITH
ISRAEL.
The Secretary of State, acting through the Administrator of
the United States Agency for International Development, may
enter into memoranda of understanding with Israel to advance
common goals on energy, agriculture, food security, democracy,
human rights, governance, economic growth, trade, education,
environment, global health, water, and sanitation, with a focus
on strengthening mutual ties and cooperation with nations
throughout the world.
SEC. 1278. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND
DEVELOPING COUNTRIES.
Section 106 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151d) is amended by striking subsections (e) and (f)
and inserting the following:
``(e) There is authorized to be appropriated $2,000,000 for
fiscal years 2021 through 2023 to finance cooperative projects
among the United States, Israel, and developing countries that
identify and support local solutions to address sustainability
challenges relating to water resources, agriculture, and energy
storage, including--
``(1) establishing public-private partnerships;
``(2) supporting the identification, research,
development testing, and scaling of innovations that
focus on populations that are vulnerable to
environmental and resource-scarcity crises, such as
subsistence farming communities;
``(3) seed or transition-to-scale funding;
``(4) clear and appropriate branding and marking of
United States funded assistance, in accordance with
section 641; and
``(5) accelerating demonstrations or applications
of local solutions to sustainability challenges, or the
further refinement, testing, or implementation of
innovations that have previously effectively addressed
sustainability challenges.''.
SEC. 1279. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-
TECH FOR THE MIDDLE EAST REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should help foster
cooperation in the Middle East region by financing and,
as appropriate, cooperating in projects related to
innovation and advanced technologies; and
(2) projects referred to in paragraph (1) should--
(A) contribute to development and the
quality of life in the Middle East region
through the application of research and
advanced technology; and
(B) contribute to Arab-Israeli cooperation
by establishing strong working relationships
that last beyond the life of such projects.
(b) Establishment.--The Secretary of State, acting through
the Administrator of the United States Agency for International
Development, is authorized to seek to establish a program
between the United States and appropriate regional partners to
provide for cooperation in the Middle East region by supporting
projects related to innovation and advanced technologies.
(c) Project Requirements.--Each project carried out under
the program established pursuant to subsection (b)--
(1) shall include the participation of at least one
entity from Israel and one entity from another regional
partner; and
(2) shall be conducted in a manner that
appropriately protects sensitive information,
intellectual property, the national security interests
of the United States, and the national security
interests of Israel.
SEC. 1280. COOPERATION ON DIRECTED ENERGY CAPABILITIES.
(a) Report.--Not later than March 15, 2021, the Secretary
of Defense, with the concurrence of the Secretary of State,
shall submit to the appropriate congressional committees a
report on potential areas for directed energy cooperation.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of any science and technology
effort or research, development, test, and evaluation
effort associated with directed energy.
(2) A description of activities or efforts
recommended for potential defense cooperation
activities associated with directed energy between the
United States and Israel in support of development of
military capabilities of mutual benefit.
(3) A description of any obstacle or challenge
associated with an effort described under paragraph (2)
and recommendations to address such obstacle or
challenge.
(4) A description of any authority or authorization
of appropriations required for the execution of efforts
described under paragraph (2).
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex, as determined necessary by the Secretary of Defense.
(d) Program Authority.--If recommended as a result of the
report required by subsection (a), the Secretary of Defense,
with the concurrence of the Secretary of State, may establish a
program to carry out research, development, test, and
evaluation activities, on a joint basis with Israel, to promote
directed energy capabilities of mutual benefit to both the
United States and Israel that address threats to the United
States, deployed forces of the United States, and Israel. Any
activities carried out under this subsection shall be conducted
in a manner that appropriately protects sensitive information,
intellectual property, the national security interests of the
United States, and the national security interests of Israel.
Any such program shall take into consideration the
recommendations of the United States-Israel Defense Acquisition
Advisory Group.
SEC. 1280A. OTHER MATTERS OF COOPERATION.
(a) In General.--Activities authorized under this section
shall be carried out with the concurrence of the Secretary of
State and aligned with the National Security Strategy of the
United States, the United States Government Global Health
Security Strategy, the Department of State Integrated Country
Strategies, the USAID Country Development Cooperation
Strategies, and any equivalent or successor plans or
strategies, as necessary and appropriate.
(b) Development of Health Technologies.--
(1) In general.--There is authorized to be
appropriated to the Secretary of Health and Human
Services $4,000,000 for fiscal years 2021 through 2023
for a bilateral cooperative program with the Government
of Israel that awards grants for the development of
health technologies, which may include health
technologies listed in paragraph (2), subject to
paragraph (3), with an emphasis on collaboratively
advancing the use of technology and personalized
medicine in relation to COVID-19.
(2) Types of health technologies.--The health
technologies described in this paragraph are
technologies such as, drugs and vaccines, ventilators,
diagnostic tests, and technologies to facilitate
telemedicine.
(3) Restrictions on funding.--Amounts appropriated
pursuant to paragraph (1) are subject to a matching
contribution from the Government of Israel.
(4) Option for establishing new program.--Amounts
appropriated pursuant to paragraph (1) may be expended
for a bilateral program with the Government of Israel
that--
(A) is in existence on the day before the
date of the enactment of this Act for the
purposes described in paragraph (1); or
(B) is established after the date of the
enactment of this Act by the Secretary of
Health and Human Services, in consultation with
the Secretary of State, in accordance with the
Agreement between the Government of the United
States of America and the Government of the
State of Israel on Cooperation in Science and
Technology for Homeland Security Matters, done
at Jerusalem May 29, 2008 (or a successor
agreement), for the purposes described in
paragraph (1).
(5) Public availability.--The Secretary shall
require, as a condition of any grant awarded under this
subsection, that all research publications and results
of such research, including basic and applied research,
shall be made publicly available on the website of the
Department of Health and Human Services.
(c) Coordinator of United States-Israel Research and
Development.--
(1) In general.--The President may designate the
Assistant Secretary of State for the Bureau of Oceans
and International Environmental and Scientific Affairs,
or another appropriate Department of State official, to
act as Coordinator of United States-Israel Research and
Development (referred to in this subsection as the
``Coordinator'').
(2) Authorities and duties.--The Coordinator, in
conjunction with the heads of relevant Federal
Government departments and agencies and in coordination
with the Israel Innovation Authority, may oversee
civilian science and technology programs on a joint
basis with Israel.
(d) Office of Global Policy and Strategy of the Food and
Drug Administration.--
(1) In general.--It is the sense of Congress that
the Commissioner of the Food and Drug Administration
should seek to explore collaboration with Israel
through the Office of Global Policy and Strategy.
(2) Report.--Not later than one year after the date
of the enactment of this Act, the Commissioner, acting
through the head of the Office of Global Policy and
Strategy, shall submit a report describing the benefits
to the United States and to Israel of opening an office
in Israel for the Office of Global Policy and Strategy
to--
(A) the Committee on Foreign Relations of
the Senate;
(B) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(C) the Committee on Foreign Affairs of the
House of Representatives; and
(D) the Committee on Energy and Commerce of
the House of Representatives.
(e) United States-Israel Energy Center.--There is
authorized to be appropriated to the Secretary of Energy
$4,000,000 for fiscal year 2021 to carry out the activities of
the United States-Israel Energy Center established pursuant to
section 917(d) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17337(d)).
(f) United States-Israel Binational Industrial Research and
Development Foundation.--It is the sense of Congress that
grants to promote covered energy projects conducted by, or in
conjunction with, the United States-Israel Binational
Industrial Research and Development Foundation should be funded
at not less than $2,000,000 annually under section 917(b) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17337(b)).
(g) United States-Israel Cooperation on Energy, Water,
Homeland Security, Agriculture, and Alternative Fuel
Technologies.--Section 7 of the United States-Israel Strategic
Partnership Act of 2014 (22 U.S.C. 8606) is amended by adding
at the end the following:
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000 for
fiscal year 2021.''.
(h) Annual Policy Dialogue.--It is the sense of Congress
that the Department of Transportation and Israel's Ministry of
Transportation should engage in an annual policy dialogue to
implement the 2016 Memorandum of Cooperation signed by the
Secretary of Transportation and the Israeli Minister of
Transportation.
(i) Cooperation on Space Exploration and Science
Initiatives.--The Administrator of the National Aeronautics and
Space Administration shall continue to work with the Israel
Space Agency to identify and cooperatively pursue peaceful
space exploration and science initiatives in areas of mutual
interest, taking all appropriate measures to protect sensitive
information, intellectual property, trade secrets, and economic
interests of the United States.
(j) Research and Development Cooperation Relating to
Desalination Technology.--Not later than one year after the
date of the enactment of this Act, the Director of the Office
of Science and Technology Policy shall submit a report that
describes research and development cooperation with
international partners, such as the State of Israel, in the
area of desalination technology in accordance with section
9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note) to--
(1) the Committee on Foreign Relations of the
Senate;
(2) the Committee on Energy and Natural Resources
of the Senate;
(3) the Committee on Foreign Affairs of the House
of Representatives; and
(4) the Committee on Natural Resources of the House
of Representatives.
(k) Research and Treatment of Posttraumatic Stress
Disorder.--It is the sense of Congress that the Secretary of
Veterans Affairs should seek to explore collaboration between
the Mental Illness Research, Education and Clinical Centers of
Excellence and Israeli institutions with expertise in
researching and treating posttraumatic stress disorder.
SEC. 1280B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
Subtitle I--Global Child Thrive Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Child Thrive Act
of 2020''.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue
efforts to reduce child mortality rates and increase
attention on prevention efforts and early childhood
development outcomes;
(2) investments in early childhood development
ensure healthy and well-developed future generations
that contribute to a country's stability, security and
economic prosperity;
(3) efforts to provide training and education on
nurturing care could result in improved early childhood
development outcomes and support healthy brain
development; and
(4) integration and cross-sector coordination of
early childhood development programs is critical to
ensure the efficiency, effectiveness, and continued
implementation of such programs.
SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
(a) Authorization of Assistance.--Amounts authorized to be
appropriated or otherwise made available to carry out section
135 in chapter 1 of part 1 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) for each of the fiscal years 2021
through 2025 are authorized to be made available to support
early childhood development activities in conjunction with
relevant, existing programming, such as water, sanitation and
hygiene, maternal and child health, basic education, nutrition
and child protection.
(b) Assistance to Improve Early Childhood Outcomes
Globally.--Chapter 1 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end
the following:
``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(A) the Committee on Appropriations of
the Senate;
``(B) the Committee on Foreign Relations of
the Senate;
``(C) the Committee on Appropriations of
the House of Representatives; and
``(D) the Committee on Foreign Affairs of
the House of Representatives.
``(2) Early childhood development.--The term `early
childhood development' means the development and
learning of a child younger than 8 years of age,
including physical, cognitive, social, and emotional
development and approaches to learning that allow a
child to reach his or her full developmental potential.
``(3) Early childhood development program.--The
term `early childhood development program' means a
program that seeks to ensure that every child has the
conditions for healthy growth, nurturing family-based
care, development and learning, and protection from
violence, exploitation, abuse, and neglect, which may
include--
``(A) a health, safe water, sanitation, and
hygiene program that serves pregnant women,
children younger than 5 years of age, and the
parents of such children;
``(B) a nutrition program, combined with
stimulating child development activity;
``(C) age appropriate cognitive
stimulation, especially for newborns, infants,
and toddlers, including an early childhood
intervention program for children experiencing
at-risk situations, developmental delays,
disabilities, and behavioral and mental health
conditions;
``(D) an early learning (36 months and
younger), preschool, and basic education
program for children until they reach 8 years
of age or complete primary school; or
``(E) a child protection program, with an
emphasis on the promotion of permanent, safe,
and nurturing families, rather than placement
in residential care or institutions, including
for children with disabilities.
``(4) Relevant federal departments and agencies.--
The term `relevant Federal departments and agencies'
means--
``(A) the Department of State;
``(B) the United States Agency for
International Development;
``(C) the Department of the Treasury;
``(D) the Department of Labor;
``(E) the Department of Education;
``(F) the Department of Agriculture;
``(G) the Department of Defense;
``(H) the Department of Health and Human
Services, including--
``(i) the Centers for Disease
Control and Prevention; and
``(ii) the National Institutes of
Health;
``(I) the Millennium Challenge Corporation;
``(J) the Peace Corps; and
``(K) any other department or agency
specified by the President for the purposes of
this section.
``(5) Residential care.--The term `residential
care' means care provided in any non-family-based group
setting, including orphanages, transit or interim care
centers, children's homes, children's villages or
cottage complexes, group homes, and boarding schools
used primarily for care purposes as an alternative to a
children's home.
``(b) Statement of Policy.--It is the policy of the United
States--
``(1) to support early childhood development in
relevant foreign assistance programs, including by
integrating evidence-based, efficient, and effective
interventions into relevant strategies and programs, in
coordination with partner countries, other donors,
international organizations, international financial
institutions, local and international nongovernmental
organizations, private sector partners, and civil
society, including faith-based and community-based
organizations; and
``(2) to encourage partner countries to lead early
childhood development initiatives that include
incentives for building local capacity for continued
implementation and measurable results, by--
``(A) scaling up the most effective,
evidence-based, national interventions,
including for the most vulnerable populations
and children with disabilities and
developmental delays, with a focus on
adaptation to country resources, cultures, and
languages;
``(B) designing, implementing, monitoring,
and evaluating programs in a manner that
enhances their quality, transparency, equity,
accountability, efficiency and effectiveness in
improving child and family outcomes in partner
countries; and
``(C) utilizing and expanding innovative
public-private financing mechanisms.
``(c) Implementation.--
``(1) In general.--Not later than 1 year after the
date of the enactment of this section, the
Administrator of the United States Agency for
International Development on behalf of the President
and in coordination with the Secretary of State, shall
direct relevant Federal departments and agencies--
``(A) to incorporate, to the extent
practical and relevant, early childhood
development into foreign assistance programs to
be carried out during the following 5 fiscal
years; and
``(B) to promote inclusive early childhood
development in partner countries.
``(2) Elements.--In carrying out paragraph (1), the
Administrator, the Secretary, and the heads of other
relevant Federal departments and agencies as
appropriate shall--
``(A) build on the evidence and priorities
outlined in `Advancing Protection and Care for
Children in Adversity: A U.S. Government
Strategy for International Assistance 2019-
2023', published in June 2019 (referred to in
this section as `APCCA');
``(B) to the extent practicable, identify
evidence-based strategic priorities,
indicators, outcomes, and targets, particularly
emphasizing the most vulnerable populations and
children with disabilities and developmental
delays, to support inclusive early childhood
development;
``(C) support the design, implementation,
and evaluation of pilot projects in partner
countries, with the goal of taking such
projects to scale;
``(D) support inclusive early childhood
development within all relevant sector
strategies and public laws, including--
``(i) the Global Water Strategy
required under section 136(j);
``(ii) the whole-of-government
strategy required under section 5 of
the Global Food Security Act of 2016
(22 U.S.C. 9304 note);
``(iii) the Basic Education
Strategy set forth in section 105(c);
``(iv) the U.S. Government Global
Nutrition Coordination Plan, 2016-2021;
and
``(v) APCCA; and others as
appropriate;
``(E) improve coordination with foreign
governments and international and regional
organizations with respect to official country
policies and plans to improve early childhood
development, maternal, newborn, and child
health and nutrition care, basic education,
water, sanitation and hygiene, and child
protection plans which promote nurturing,
appropriate, protective, and permanent family
care, while reducing the percentage of children
living outside of family care, including in
residential care or on the street; and
``(F) consult with partner countries, other
donors, international organizations,
international financial institutions, local and
international nongovernmental organizations,
private sector partners and faith-based and
community-based organizations, as appropriate.
``(d) Annual Report on the Implementation of the
Strategy.--The Special Advisor for Children in Adversity shall
include, in the annual report required under section 5 of the
Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005 (22 U.S.C. 2152g), which shall
be submitted to the appropriate congressional committees and
made publicly available, a description of--
``(1) the progress made toward integrating early
childhood development interventions into relevant
strategies and programs;
``(2) the efforts made by relevant Federal
departments and agencies to implement subsection (c),
with a particular focus on the activities described in
such subsection; and
``(3) the progress achieved during the reporting
period toward meeting the goals, objectives,
benchmarks, and timeframes described in subsection (c)
at the program level, along with specific challenges or
gaps that may require shifts in targeting or financing
in the following fiscal year.
``(e) Interagency Task Force.--The Special Advisor for
Assistance to Orphans and Vulnerable Children should establish
and regularly convene an Interagency Working Group on Children
in Adversity which, among other things, will coordinate--
``(1) intergovernmental and interagency monitoring,
evaluation, and reporting of the activities carried out
pursuant to this section;
``(2) early childhood development initiatives that
include children with a variety of needs and
circumstances; and
``(3) United States Government early childhood
development programs, strategies, and partnerships
across relevant Federal departments and agencies.''.
SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE
CHILDREN.
Section 135(e)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152f(e)(2)) is amended--
(1) by amending subparagraph (A) to read as
follows:
``(A) Coordinate assistance to orphans and
other vulnerable children among the relevant
Federal agencies and officials.''; and
(2) in subparagraph (B), by striking ``the various
offices, bureaus, and field missions within the United
States Agency for International Development'' and
inserting ``the relevant Federal branch agencies and
officials''.
SEC. 1285. RULE OF CONSTRUCTION.
Nothing in the amendments made by this subtitle may be
construed to restrict or abrogate any other authorization for
United States Agency for International Development activities
or programs.
Subtitle J--Matters Relating to Africa and the Middle East
SEC. 1291. BRIEFING AND REPORT RELATING TO REDUCTION IN THE TOTAL
NUMBER OF UNITED STATES ARMED FORCES DEPLOYED TO
UNITED STATES AFRICA COMMAND AREA OF
RESPONSIBILITY.
(a) Briefing Required.--
(1) In general.--If the Department of Defense
reduces the number of covered United States Armed
Forces in fiscal year 2021 to a number that is below 80
percent of the number deployed as of the date of the
enactment of this Act, the Secretary of Defense shall,
not later than 30 days after the date of such a
reduction, provide a briefing to the Committee on Armed
Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(2) Elements.--The briefing required under
paragraph (1) shall include, at a minimum, the
following:
(A) A description of the process and
associated analysis that led to the decision to
reduce the number of covered United States
Armed Forces.
(B) A description of the anticipated impact
of such a reduction on the ability of the
Department of Defense to achieve its strategic
objectives in the AFRICOM AOR, including--
(i) degrading violent extremist
organizations;
(ii) countering the military
influence of China and Russia;
(iii) countering transnational
threats;
(iv) maintaining strategic access;
(v) preparing for and responding to
crises; and
(vi) strengthening security
relationships with United States allies
and partners.
(C) An assessment of the impact of such a
reduction on the ability of the Department of
Defense to execute the National Defense
Strategy.
(D) A description of any consultation with
the Department of State or the United States
Agency for International Development with
respect to such a reduction and the potential
impact that such a reduction would have on
diplomatic, developmental, or humanitarian
efforts in Africa.
(E) A description of any consultation with
United States allies and partners with respect
to such a reduction.
(F) Any other matters determined to be
relevant by the Secretary of Defense.
(b) Report Required.--
(1) In general.--Not later than 120 days after the
date of a reduction in the number of covered United
States Armed Forces described in subsection (a)(1), the
Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report that
includes the following:
(A) The average number of covered United
States Armed Forces by month for each of the
fiscal years 2019 and 2020.
(B) The anticipated number of covered
United States Armed Forces in 2021.
(C) An assessment of the threat posed by
violent extremist organizations in the AFRICOM
AOR and a detailed description of the
Department of Defense's plan to degrade such
organizations.
(D) A detailed description of the
Department of Defense's plan to counter the
military influence of China and Russia in the
AFRICOM AOR.
(E) A detailed assessment of the
anticipated effect that such a reduction would
have on military and intelligence efforts in
the AFRICOM AOR.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
(c) Definitions.--In this section:
(1) AFRICOM aor.--The term ``AFRICOM AOR'' means
the United States Africa Command area of
responsibility.
(2) Covered united states armed forces.--The term
``covered United States Armed Forces''--
(A) means United States Armed Forces that
are deployed to the AFRICOM AOR and under the
command authority and operational control of
the Commander of United States Africa Command;
but
(B) does not include--
(i) forces deployed in conjunction
with other Commands;
(ii) forces participating in joint
exercises;
(iii) forces used to assist in
emergency situations; and
(iv) forces designated or assigned
for diplomatic or embassy security.
SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE
ARMED FORCES PARTICIPATING IN THE MULTINATIONAL
FORCE AND OBSERVERS IN EGYPT.
(a) In General.--Not later than 30 days before a reduction
in the total number of members of the Armed Forces assigned to
participate in the Multinational Force and Observers in Egypt
to fewer than 430 such members of the Armed Forces, the
Secretary of Defense shall submit to the appropriate committees
of Congress a notification that includes the following:
(1) A detailed accounting of the number of members
of the Armed Forces to be withdrawn from the
Multinational Force and Observers in Egypt and the
capabilities that such members of the Armed Forces
provide in support of the mission.
(2) An explanation of national security interests
of the United States served by such a reduction and an
assessment of the effect, if any, such a reduction is
expected to have on the security of United States
partners in the region.
(3) A description of consultations by the Secretary
with the other countries that contribute military
forces to the Multinational Force and Observers,
including Australia, Canada, Colombia, the Czech
Republic, Fiji, France, Italy, Japan, New Zealand,
Norway, the United Kingdom, and Uruguay, with respect
to the planned force reduction and the results of such
consultations.
(4) An assessment of whether other countries,
including the countries that contribute military forces
to the Multinational Force and Observers, will increase
their contributions of military forces to compensate
for the capabilities withdrawn by the United States.
(5) An explanation of--
(A) any anticipated negative impact of such
a reduction on the ability of the Multinational
Force and Observers in Egypt to fulfill its
mission of supervising the implementation of
the security provisions of the 1979 Treaty of
Peace between Egypt and Israel and employing
best efforts to prevent any violation of the
terms of such treaty; and
(B) the manner in which any such negative
impact will be mitigated.
(6) Any other matter the Secretary considers
appropriate.
(b) Form.--The notification required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1293. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED
STATES AND AFRICAN COUNTRIES.
(a) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the appropriate congressional
committees a report on the activities and resources
required to enhance security partnerships between the
United States and African countries.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) A description of the Department of
Defense's approach to conducting security
cooperation activities in Africa, including how
it identifies and prioritizes its security
partnerships in Africa.
(B) A description of how the Department's
security cooperation activities benefit other
Federal departments and agencies that are
operating in Africa.
(C) Recommendations to improve the ability
of the Department to achieve sustainable
security benefits from its security cooperation
activities in Africa, which may include--
(i) the establishment of
contingency locations;
(ii) small-scale construction
conducted in accordance with existing
law; and
(iii) the acquisition of additional
training and equipment by African
partners to improve their
organizational, operational, mobility,
and sustainment capabilities.
(D) Recommendations to expand and
strengthen partner capability to conduct
security activities, including traditional
activities of the combatant commands, train and
equip opportunities, State partnerships with
the National Guard, and through multilateral
activities.
(E) A description of how the following
factors may impact the ability of the
Department to strengthen security partnerships
in Africa:
(i) The economic development and
stability of African countries.
(ii) The military, intelligence,
diplomatic, developmental, and
humanitarian efforts of China and
Russia on the African continent.
(iii) The ability of the United
States, allies, and partners to combat
violent extremist organizations
operating in Africa.
(F) Any other matters the Secretary
determines to be relevant.
(3) Form.--The report required under paragraph (1)
may be submitted in classified form, but shall include
an unclassified summary.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1294. PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS AND
CIVILIAN HARM IN BURKINA FASO, CHAD, MALI, AND
NIGER.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to the
appropriate congressional committees a plan to engage with the
Governments of Burkina Faso, Chad, Mali, and Niger to prevent
civilian harm and address allegations of gross violations of
human rights by the security forces of these countries and non-
state armed groups, and ensure accountability for such
violations.
(b) Matters to Be Included.--The plan required by
subsection (a) shall include the following:
(1) A description of planned public and private
diplomatic engagement to support efforts by the
Governments of Burkina Faso, Chad, Mali, and Niger to
investigate, prosecute, and sentence any individual or
group against which there are credible allegations of
gross violations of human rights, including by state
security forces and non-state armed groups, and an
assessment of the effectiveness of such engagement.
(2) An identification of United States assistance
and programs to address gross violations of human
rights and civilian harm, improve civil-military
relations, and strengthen accountability of Burkina
Faso, Chad, Mali, and Niger through their military
justice systems, including support for building the
capacity of provost marshals.
(3) A description of how such United States
assistance and programs have been used to address gross
violations of human rights, civilian harm, and civil-
military relations, and an assessment of how they can
be strengthened to prevent and mitigate civilian harm.
(4) A description of plans to coordinate United
States efforts with France, the European Union, the
United Nations Stabilization Mission in Mali (MINUSMA),
the African Union, and the G5 Sahel Joint Force to
decrease gross violations of human rights and minimize
civilian harm during military operations in the Sahel.
(5) A description of efforts undertaken by the
Governments of Burkina Faso, Chad, Mali, and Niger to
prevent and decrease instances of gross violations of
human rights or civilian harm perpetrated by state
security forces or non-state armed groups that have
received material support from or conducted joint
counterterrorism operations with these security forces,
and an assessment of the effectiveness of these
efforts.
(6) A description of any confirmed incidents or
reports of civilian harm that may have occurred during
United States military advise, assist, or accompany
operations during the preceding calendar year.
(7) Any other matters that the Secretary considers
to be relevant.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
(2) Civilian harm.--The term ``civilian harm''
means conflict-related death, physical injury, loss of
property or livelihood, or interruption of access to
essential services.
SEC. 1295. STATEMENT OF POLICY AND REPORT RELATING TO THE CONFLICT IN
YEMEN.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to protect United States citizens and strategic
interests in the Middle East region;
(2) to support United Nations-led efforts to end
violence in Yemen and secure a comprehensive political
settlement to the conflict in Yemen that results in
protection of civilians and civilian infrastructure and
alleviates the humanitarian crisis including by
facilitating unfettered access for all Yemenis to food,
fuel, and medicine;
(3) to encourage all parties to the conflict in
Yemen to participate in good faith in the United
Nations-led process and to uphold interim agreements as
part of that process to end the conflict, leading to
reconstruction in Yemen;
(4) to support United States allies and partners in
defending their borders and territories in order to
maintain stability and security in the Middle East
region and encourage burden sharing among such allies
and partners;
(5) to assist United States allies and partners in
countering destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation
of United Nations Security Council resolutions,
including transfers to the Houthis;
(7) to encourage the Government of Saudi Arabia and
the Government of the United Arab Emirates to assist
significantly in the economic stabilization and
eventual reconstruction of Yemen; and
(8) to encourage all parties to the conflict to
comply with the law of armed conflict, including to
investigate credible allegations of war crimes and
provide redress to civilian victims.
(b) Report on Conflict in Yemen.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
State, in consultation with the Secretary of Defense
and the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on
United States policy in Yemen.
(2) Matters to be included.--The report required
under paragraph (1) shall include the following:
(A) A detailed description of diplomatic
actions taken by the United States Government
to help ease human suffering in Yemen,
including--
(i) United States direct
humanitarian assistance and United
States donations to multilateral
humanitarian assistance efforts,
including to address the COVID-19
pandemic;
(ii) efforts to ensure that
humanitarian assistance is delivered in
line with internationally recognized
humanitarian principles, and the
results of such efforts;
(iii) efforts to facilitate
humanitarian and commercial cargo
shipments into Yemen and minimize
delays associated with such shipments,
including access to ports for
humanitarian and commercial cargo, and
the results of such efforts;
(iv) efforts to work with parties
to the conflict in Yemen to ensure
protection of civilians and civilian
infrastructure, and the results of such
efforts;
(v) efforts to help the Government
of Yemen to create a mechanism to
ensure that salaries and pensions are
paid to civil servants as appropriate,
and the results of such efforts; and
(vi) efforts to work with the
Government of Yemen and countries that
are members of the Saudi-led coalition
in Yemen to address the currency crisis
in Yemen and the solvency of the
Central Bank of Yemen, and the results
of such efforts.
(B) An assessment of plans, commitments,
and pledges for reconstruction of Yemen made by
countries that are members of the Saudi-led
coalition in Yemen, including an assessment of
proposed coordination with the Government of
Yemen and international organizations.
(C) A description of civilian harm
occurring in the context of the conflict in
Yemen since November 2017, including mass
casualty incidents and damage to, or
destruction of, civilian infrastructure and
services.
(D) An estimated total number of civilian
casualties in the context of the conflict in
Yemen since September 2014, disaggregated by
year.
(E) A detailed description of actions taken
by the United States Government to support the
efforts of the United Nations Special Envoy for
Yemen to reach a lasting political solution in
Yemen.
(F) A detailed assessment of whether and to
what extent members of the Saudi-led coalition
in Yemen have used United States-origin defense
articles and defense services in Yemen in
contravention of the laws of armed conflict
when engaging in any military operations
against the Houthis in Yemen.
(G) A description of external and cross
border attacks perpetrated by the Houthis.
(H) A detailed assessment of the Government
of Yemen's willingness and capacity to
effectively--
(i) provide public services to the
people of Yemen;
(ii) service the external debts of
Yemen; and
(iii) facilitate or ensure access
to humanitarian assistance and key
commodities in Yemen.
(I) A description of support for the
Houthis by Iran and Iran-backed groups,
including the provision of weapons and
training.
(J) A description of recruitment and use of
child soldiers by parties to the conflict in
Yemen.
(3) Form.--The report required by paragraph (1)
shall be submitted in unclassified form without any
designation relating to dissemination control, but may
contain a classified annex.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate; and
(C) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1296. REPORT ON UNITED STATES MILITARY SUPPORT OF THE SAUDI-LED
COALITION IN YEMEN.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report that includes the following:
(1) A description of all military support,
training, and defense articles and services provided by
the Department of Defense to Saudi Arabia, the
Government of the United Arab Emirates, and other
countries participating in the Saudi-led coalition
since March 2015, including--
(A) an annual description, by fiscal year
or calendar year, of all transfers of logistics
support, supplies, defense articles, and
services under sections 2341 and 2342 of title
10, United States Code, or any other applicable
law;
(B) a description of the total financial
value of such transfers and which countries
bore the cost described in subparagraph (A) of
these transfers, including the status of any
required reimbursement of costs from Saudi
Arabia, the Government of the United Arab
Emirates and the Saudi-led coalition to the
Department of Defense; and
(C) a description of the types of training,
advice, and assistance provided by the
Department of Defense, including the
authorities under which this training was
provided, and an assessment of the extent to
which such training has included--
(i) tactics, techniques, or
procedures that could be used to
restrict the movement of commercial and
humanitarian shipments or the movement
of persons into or out of Yemen;
(ii) tactics, techniques, and
procedures to reduce civilian
casualties and damage to civilian
infrastructure; and
(iii) an emphasis on human rights
and the laws of armed conflict.
(2) A description and evaluation of processes used
by the Department of Defense to determine whether the
types of military support described in paragraph (1)
have--
(A) affected the movement of persons into
or out of Yemen, the restriction of the
movement of commercial and humanitarian
shipments into and out of Yemen, or the illicit
profit from such importation by any of the
warring parties in the conflict in Yemen;
(B) contributed to or reduced civilian
casualties and damage to civilian
infrastructure in Yemen; and
(C) contributed to or reduced violations of
the laws of armed conflict in Yemen, including
any credibly alleged violations of torture,
arbitrary detention, and other gross violations
of internationally recognized human rights by
countries that are members of the Saudi-led
coalition in Yemen and the Republic of Yemen
Government.
(3) The responsiveness and completeness of any
certifications submitted pursuant to section 1290 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2081), as of the date of the submission of the report
required by this section.
(4) The responsiveness and completeness of any
reports submitted pursuant to section 1274 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2067), as of
such date of submission.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the Committee on
Financial Services of the House of Representatives.
SEC. 1297. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO
UNITED STATES MEDICAL INSTITUTIONS.
(a) Findings.--Congress finds that--
(1) at least 45 medical institutions in the United
States have provided medical services to citizens of
Kuwait; and
(2) despite providing care for their citizens,
Kuwait has not paid amounts owed to such United States
medical institutions for such services in over 2 years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Kuwait is an important partner of the United
States in the Middle East and both countries should
find ways to address irritants in the bilateral
relationship;
(2) the United States should seek a resolution with
Kuwait regarding the outstanding amounts Kuwait owes to
United States medical institutions for medical services
provided to citizens of Kuwait, especially during the
COVID-19 pandemic; and
(3) Kuwait should immediately pay such outstanding
amounts owed to such United States medical
institutions.
Subtitle K--Other Matters
SEC. 1299A. PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL,
REPUBLIC OF THE MARSHALL ISLANDS.
(a) In General.--Chapter 767 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7596. Provision of goods and services at Kwajalein Atoll
``(a) Authority.--(1) Except as provided in paragraph (2),
the Secretary of the Army, with the concurrence of the
Secretary of State, may provide goods and services, including
interatoll transportation, to the Government of the Republic of
the Marshall Islands and other eligible patrons, as determined
by the Secretary of the Army, at Kwajalein Atoll.
``(2) The Secretary of the Army may not provide goods or
services under this section if doing so would be inconsistent,
as determined by the Secretary of State, with the Compact of
Free Association between the Government of the United States
and the Government of the Republic of the Marshall Islands or
any subsidiary agreement or implementing arrangement.
``(b) Reimbursement.--(1) The Secretary of the Army may
collect reimbursement from the Government of the Republic of
the Marshall Islands and eligible patrons for the provision of
goods or services under subsection (a).
``(2) The amount collected for goods or services under this
subsection may not be greater than the total amount of actual
costs to the United States for providing the goods or services.
``(c) Necessary Expenses.--Amounts appropriated to the
Department of the Army may be used for necessary expenses
associated with providing goods and services under this
section.
``(d) Regulations.--The Secretary of the Army shall issue
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7596. Provision of goods and services at Kwajalein Atoll.''.
(c) Briefing.--Not later than December 31, 2021, the
Secretary of the Army shall provide to the congressional
defense committees a briefing on the use of the authority under
section 7596(a) of title 10, United States Code, as added by
subsection (a), in fiscal year 2021, including a written
summary describing the goods and services provided on a
reimbursable basis and the goods and services provided on a
nonreimbursable basis.
SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES.
Section 2350j of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Report on Contributions Received From Designated
Countries.--
``(1) In general.--Not later than January 15 each
year, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the
burden sharing contributions received under this
section from designated countries.
``(2) Elements.--Each report required by paragraph
(1) shall include the following for the preceding
fiscal year:
``(A) A list of all designated countries
from which burden sharing contributions were
received.
``(B) An explanation of the purpose for
which each such burden sharing contribution was
provided.
``(C) A description of any written
agreement entered into with a designated
country under this section, including the date
on which the agreement was signed.
``(D) For each designated country--
``(i) the amount provided by the
designated country; and
``(ii) the amount of any remaining
unobligated balance.
``(E) The amount of such burden sharing
contributions expended, by eligible category,
including compensation for local national
employees, military construction projects, and
supplies and services of the Department of
Defense.
``(F) Any other matter the Secretary of
Defense considers relevant.
``(3) Appropriate committees of congress defined.--
In this subsection, the term `appropriate committees of
Congress' means--
``(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.''.
SEC. 1299C. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF
NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE
INFLUENCE AND OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note;
Public Law 115-232) is amended to read as follows:
``SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY
ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER
SECURITY THREATS.
``(a) Initiative Required.--The Secretary of Defense shall,
in consultation with other appropriate government
organizations, establish an initiative to work with
institutions of higher education who perform defense research
and engineering activities--
``(1) to support protection of intellectual
property, controlled information, key personnel, and
information about critical technologies relevant to
national security;
``(2) to limit undue influence, including through
foreign talent programs, by countries to exploit United
States technology within the Department of Defense
research, science and technology, and innovation
enterprise; and
``(3) to support efforts toward development of
domestic talent in relevant scientific and engineering
fields.
``(b) Institutions and Organizations.--The initiative
required by subsection (a) shall be developed and executed to
the maximum extent practicable with academic research
institutions and other educational and research organizations.
``(c) Requirements.--The initiative required by subsection
(a) shall include development of the following:
``(1) Information exchange forum and information
repositories to enable awareness of security threats
and influence operations being executed against the
United States research, technology, and innovation
enterprise.
``(2) Training developed and delivered in
consultation with institutions of higher education and
appropriate Government agencies, and other support to
institutions of higher education, to promote security
and limit undue influence on institutions of higher
education and personnel, including Department of
Defense financial support to carry out such activities,
that--
``(A) emphasizes best practices for
protection of sensitive national security
information;
``(B) includes the dissemination of
unclassified materials and resources for
identifying and protecting against emerging
threats to institutions of higher education,
including specific counterintelligence
information and advice developed specifically
for faculty and academic researchers based on
actual identified threats; and
``(C) includes requirements for appropriate
senior officials of institutions of higher
education to receive from appropriate
Government agencies updated and periodic
briefings that describe the espionage risks to
academic institutions and associated personnel
posed by technical intelligence gathering
activities of near-peer strategic competitors.
``(3) The capacity of Government agencies and
institutions of higher education to assess whether
individuals affiliated with Department of Defense
programs have participated in or are currently
participating in foreign talent programs or expert
recruitment programs.
``(4) Opportunities to collaborate with defense
researchers and research organizations in secure
facilities to promote protection of critical
information and strengthen defense against foreign
intelligence services.
``(5) Regulations and procedures--
``(A) for Government agencies and academic
organizations and personnel to support the
goals of the initiative; and
``(B) that are consistent with policies
that protect open and scientific exchange in
fundamental research.
``(6) Policies to limit or prohibit funding
provided by the Department of Defense for institutions
or individual researchers who knowingly violate
regulations developed under the initiative, including
regulations relating to foreign talent programs.
``(7) Initiatives to support the transition of the
results of institution of higher education research
programs into defense capabilities.
``(8)(A) A list of academic institutions of the
People's Republic of China, the Russian Federation, and
other countries that--
``(i) have a history of improper technology
transfer, intellectual property theft, or cyber
or human espionage;
``(ii) operate under the direction of the
military forces or intelligence agency of the
applicable country;
``(iii) are known--
``(I) to recruit foreign
individuals for the purpose of
transferring knowledge to advance
military or intelligence efforts; or
``(II) to provide misleading
information or otherwise attempt to
conceal the connections of an
individual or institution to a defense
or an intelligence agency of the
applicable country; or
``(iv) pose a serious risk of improper
technology transfer of data, technology, or
research that is not published or publicly
available.
``(B) The list described in subparagraph (A) shall
be developed and continuously updated in consultation
with the Bureau of Industry and Security of the
Department of Commerce, the Director of National
Intelligence, United States institutions of higher
education that conduct significant Department of
Defense research or engineering activities, and other
appropriate individuals and organizations.
``(9)(A) A list, developed and continuously updated
in consultation with the National Academies of Science,
Engineering, and Medicine and the appropriate
Government agencies, of foreign talent programs that
pose a threat to the national security interests of the
United States, as determined by the Secretary.
``(B) In developing and updating such list, the
Secretary shall consider--
``(i) the extent to which a foreign talent
program--
``(I) poses a threat to research
funded by the Department of Defense;
and
``(II) engages in, or facilitates,
cyber attacks, theft, espionage,
attempts to gain ownership of or
influence over companies, or otherwise
interferes in the affairs of the United
States; and
``(ii) any other factor the Secretary
considers appropriate.
``(d) Procedures for Enhanced Information Sharing.--
``(1) Collection of information.--
``(A) Defense research and development
activities.--Not later than October 1, 2020,
for the purpose of maintaining appropriate
security controls over research activities,
technical information, and intellectual
property, the Secretary, in conjunction with
appropriate public and private entities, shall
establish streamlined procedures to collect
appropriate information relating to
individuals, including United States citizens
and foreign nationals, who participate in
defense research and development activities.
``(B) Fundamental research programs.--With
respect to fundamental research programs, the
academic liaison designated under subsection
(g) shall establish policies and procedures to
collect, consistent with the best practices of
Government agencies that fund academic
research, appropriate information relating to
individuals who participate in fundamental
research programs.
``(2) Protection from release.--The procedures
required by paragraph (1) shall include procedures to
protect such information from release, consistent with
applicable regulations.
``(3) Reporting to government information systems
and repositories.--The procedures required by paragraph
(1) may include procedures developed, in coordination
with appropriate public and private entities, to report
such information to existing Government information
systems and repositories.
``(e) Annual Report.--
``(1) In general.--Not later than April 30, 2020,
and annually thereafter, the Secretary, acting through
appropriate Government officials (including the Under
Secretary for Research and Engineering), shall submit
to the congressional defense committees a report on the
activities carried out under the initiative required by
subsection (a).
``(2) Contents.--The report required by paragraph
(1) shall include the following:
``(A) A description of the activities
conducted and the progress made under the
initiative.
``(B) The findings of the Secretary with
respect to the initiative.
``(C) Such recommendations as the Secretary
may have for legislative or administrative
action relating to the matters described in
subsection (a), including actions related to
foreign talent programs.
``(D) Identification and discussion of the
gaps in legal authorities that need to be
improved to enhance the security of research
institutions of higher education performing
defense research.
``(E) A description of the actions taken by
such institutions to comply with such best
practices and guidelines as may be established
by under the initiative.
``(F) Identification of any incident
relating to undue influence to security threats
to academic research activities funded by the
Department of Defense, including theft of
property or intellectual property relating to a
project funded by the Department at an
institution of higher education.
``(3) Form.--The report submitted under paragraph
(1) shall be submitted in both unclassified and
classified formats, as appropriate.
``(f) Publication of Updated Lists.--
``(1) Submittal to congress.--Not later than
January 1, 2021, and annually thereafter, the Secretary
shall submit to the congressional defense committees
the most recently updated lists described in paragraphs
(8) and (9) of subsection (c).
``(2) Form.--Each list submitted under paragraph
(1) shall be submitted in unclassified form but may
include a classified annex.
``(3) Public availability.--Each list submitted
under paragraph (1) shall be published on a publicly
accessible internet website of the Department of
Defense in a searchable format.
``(4) Intervening submittal and publication.--The
Secretary may submit and publish an updated list
described in paragraph (1) more frequently than
required by that paragraph, as the Secretary considers
necessary.
``(g) Designation of Academic Liaison.--
``(1) In general.--Not later than 180 days after
the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, the Secretary, acting through the
Under Secretary of Defense for Research and
Engineering, shall designate an academic liaison with
principal responsibility for working with the academic
and research communities to protect Department-
sponsored academic research of concern from undue
foreign influence and threats.
``(2) Qualification.--The Secretary shall designate
an individual under paragraph (1) who is an official of
the Office of the Under Secretary of Defense for
Research and Engineering.
``(3) Duties.--The duties of the academic liaison
designated under paragraph (1) shall be as follows:
``(A) To serve as the liaison of the
Department with the academic and research
communities.
``(B) To execute initiatives of the
Department related to the protection of
Department-sponsored academic research of
concern from undue foreign influence and
threats, including the initiative required by
subsection (a).
``(C) To conduct outreach and education
activities for the academic and research
communities on undue foreign influence and
threats to Department-sponsored academic
research of concern.
``(D) To coordinate and align academic
security policies with Department component
agencies, the Office of Science and Technology
Policy, the intelligence community, and
appropriate Federal agencies.
``(E) To the extent practicable, to
coordinate with the intelligence community to
share, not less frequently than annually, with
the academic and research communities
unclassified information, including
counterintelligence information, on threats
from undue foreign influence.
``(F) Any other related responsibility, as
determined by the Secretary in consultation
with the Under Secretary of Defense for
Research and Engineering.
``(h) Institution of Higher Education Defined.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
SEC. 1299D. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED
RECOVERY CAPABILITIES.
Subsection (g) of section 943 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4578) is amended by striking ``2021'' and
inserting ``2023''.
SEC. 1299E. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF
ADVERSARIES.
(a) Requirement.--Not later than February 15 of each year,
the Chairman of the Joint Chiefs of Staff and the Secretary of
Defense, acting through the Under Secretary of Defense for
Intelligence and Security, shall provide to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a briefing on--
(1) covered foreign military bases and the related
capabilities of that foreign military; and
(2) the effects of such bases and capabilities on--
(A) the military installations of the
United States located outside the United
States; and
(B) current and future deployments and
operations of the armed forces of the United
States.
(b) Elements.--Each briefing under subsection (a) shall
include the following:
(1) An assessment of covered foreign military
bases, including such bases established by China,
Russia, and Iran, and any updates to such assessment
provided in a previous briefing under such subsection.
(2) Information regarding known plans for any
future covered foreign military base.
(3) An assessment of the capabilities, including
those pertaining to anti-access and area denial,
provided by covered foreign military bases to that
foreign military, including an assessment of how such
capabilities could be used against the armed forces of
the United States in the country and the geographic
combatant command in which such base is located.
(4) A description of known ongoing activities and
capabilities at covered foreign military bases, and how
such activities and capabilities advance the foreign
policy and national security priorities of the relevant
foreign countries.
(5) The extent to which covered foreign military
bases could be used to counter the defense priorities
of the United States.
(c) Form.--Each briefing under subsection (a) shall be
provided in classified form.
(d) Covered Foreign Military Base Defined.--In this
section, the term ``covered foreign military base'' means, with
respect to a foreign country that is an adversary of the United
States, a military base of that country located in a different
country.
(e) Sunset.--The requirement to provide briefings under
subsection (a) shall terminate after the briefing required to
be provided by not later than February 15, 2025.
SEC. 1299F. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.
(a) Strategy and Coordination.--Not later than six months
after the date of the enactment of this Act, the Secretary of
State shall--
(1) develop and submit to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a
Department of State-wide strategy entitled the
``Department of State Strategy for Countering White
Identity Terrorism Globally'' (in this section referred
to as the ``strategy''); and
(2) designate the Coordinator for Counterterrorism
of the Department to coordinate Department efforts to
counter white identity terrorism globally, including
with United States diplomatic and consular posts, the
Director of the National Counterterrorism Center, the
Director of the Central Intelligence Agency, the
Attorney General, the Director of National
Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other
relevant Federal departments or agencies.
(b) Elements.--The strategy shall at a minimum contain the
following:
(1) An assessment of the global threat from white
identity terrorism abroad, including geographic or
country prioritization based on the assessed threat to
the United States.
(2) A description of the coordination mechanisms
between relevant bureaus and offices within the
Department of State, as well as with United States
diplomatic and consular posts, for developing and
implementing efforts to counter white identity
terrorism.
(3) A description of how the Department plans to
build on any existing strategy developed by the Bureau
for Counterterrorism to--
(A) adapt or expand existing Department
programs, projects, activities, or policy
instruments based on existing authorities for
the specific purpose of degrading and
delegitimizing the white identity terrorist
movement globally; and
(B) identify the need for any new
Department programs, projects, activities, or
policy instruments for the specific purpose of
degrading and delegitimizing the white identity
terrorist movement globally, including a
description of the steps and resources
necessary to establish any such programs,
projects, activities, or policy instruments,
noting whether such steps would require new
authorities.
(4) Detailed plans for using public diplomacy,
including the efforts of the Secretary of State and
other senior Executive Branch officials, including the
President, to degrade and delegitimize white identity
terrorist ideologues and ideology globally, including
by--
(A) countering white identity terrorist
messaging and supporting efforts to redirect
potential supporters away from white identity
terrorist content online;
(B) exposing foreign government support for
white identity terrorist ideologies,
objectives, ideologues, networks,
organizations, and internet platforms;
(C) engaging with foreign governments and
internet service providers and other relevant
technology entities, to prevent or limit white
identity terrorists from exploiting internet
platforms in furtherance of or in preparation
for acts of terrorism or other targeted
violence, as well as the recruitment,
radicalization, and indoctrination of new
adherents to white identity terrorism; and
(D) identifying the roles and
responsibilities for the Office of the Under
Secretary for Public Affairs and Public
Diplomacy and the Global Engagement Center in
developing and implementing such plans.
(5) An outline of steps the Department is taking or
will take in coordination, as appropriate, with the
Director of the National Counterterrorism Center, the
Director of the Central Intelligence Agency, the
Attorney General, the Director of National
Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other
relevant Federal departments or agencies to improve
information and intelligence sharing with other
countries on white identity terrorism based on existing
authorities by--
(A) describing plans for adapting or
expanding existing mechanisms for sharing
information, intelligence, or counterterrorism
best practices, including facilitating the
sharing of information, intelligence, or
counterterrorism best practices gathered by
Federal, State, and local law enforcement; and
(B) proposing new mechanisms or forums that
might enable expanded sharing of information,
intelligence, or counterterrorism best
practices.
(6) An outline of how the Department plans to use
designation as a Specially Designated Global Terrorist
(under Executive Order No. 13224 (50 U.S.C. 1701 note))
and foreign terrorist organization (pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C.
1189)) to support the strategy, including--
(A) an assessment and explanation of the
utility of applying or not applying such
designations when individuals or entities
satisfy the criteria for such designations; and
(B) a description of possible remedies if
such criteria are insufficient to enable
designation of any individuals or entities the
Secretary of State considers a potential
terrorist threat to the United States.
(7) A description of the Department's plans, in
consultation with the Department of the Treasury, to
work with foreign governments, financial institutions,
and other related entities to counter the financing of
white identity terrorists within the parameters of
current law, or if no such plans exist, a description
of why.
(8) A description of how the Department plans to
implement the strategy in conjunction with ongoing
efforts to counter the Islamic State, al-Qaeda, and
other terrorist threats to the United States.
(9) A description of how the Department will
integrate into the strategy lessons learned in the
ongoing efforts to counter the Islamic State, al-Qaeda,
and other terrorist threats to the United States.
(10) A identification of any additional resources
or staff needed to implement the strategy.
(c) Interagency Coordination.--The Secretary of State shall
develop the strategy in coordination with the Director of the
National Counterterrorism Center and in consultation with the
Director of the Central Intelligence Agency, the Attorney
General, the Director of National Intelligence, the Secretary
of Homeland Security, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the heads of
any other relevant Federal departments or agencies.
(d) Stakeholder Inclusion.--The strategy shall be developed
in consultation with representatives of United States and
international civil society and academic entities with
experience researching or implementing programs to counter
white identity terrorism.
(e) Form.--The strategy shall be submitted in unclassified
form that can be made available to the public, but may include
a classified annex if the Secretary of State determines such is
appropriate.
(f) Implementation.--Not later than three months after the
submission of the strategy, the Secretary of State shall begin
implementing the strategy.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act and not less often than annually
thereafter, the Secretary of State shall consult with the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate regarding
the development and implementation of the strategy.
(h) Country Reports on Terrorism.--The Secretary of State
shall incorporate all credible information about white identity
terrorism, including regarding relevant attacks, the
identification of perpetrators and victims of such attacks, the
size and identification of organizations and networks, and the
identification of notable ideologues, in the annual country
reports on terrorism submitted pursuant to section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f).
(i) Report on Sanctions.--
(1) In general.--Not later than 120 days and again
240 days after the submission of each annual country
report on terrorism submitted pursuant to section 140
of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f), as modified in
accordance with subsection (h), the President shall
submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate a report that determines
whether the foreign persons, organizations, and
networks identified in such annual country reports on
terrorism as so modified, satisfy the criteria to be
designated as--
(A) foreign terrorist organizations under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); or
(B) Specially Designated Global Terrorist
under Executive Order No. 13224 (50 U.S.C. 1701
note).
(2) Form.--Each determination required under
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex, if appropriate.
(j) Requirement for Independent Study to Map the Global
White Identity Terrorism Movement.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
State shall enter into a contract with a federally
funded research and development center with appropriate
expertise and analytical capability to carry out the
study described in paragraph (2).
(2) Study.--The study described in this paragraph
shall provide for a comprehensive social network
analysis of the global white identity terrorism
movement to--
(A) identify key actors, organizations, and
supporting infrastructure; and
(B) map the relationships and interactions
between such actors, organizations, and
supporting infrastructure.
(3) Report.--
(A) To the secretary.--Not later than one
year after the date on which the Secretary of
State enters into a contract pursuant to
paragraph (1), the federally funded research
and development center referred to in such
subsection that has entered into such contract
with the Secretary shall submit to the
Secretary a report containing the results of
the study required under this section.
(B) To congress.--Not later than 30 days
after receipt of the report under subparagraph
(A), the Secretary of State shall submit to the
Committee of Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate such report, together
with any additional views or recommendations of
the Secretary.
SEC. 1299G. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH
RESPECT TO DENYING THE STRATEGIC GOALS OF A
COMPETITOR AGAINST A COVERED DEFENSE PARTNER.
(a) Report on Progress of the Department of Defense With
Respect To Denying the Strategic Goals of a Competitor Against
a Covered Defense Partner.--
(1) In general.--Not later than April 30, 2021, and
annually thereafter for 5 years, the Secretary of
Defense shall submit to the congressional defense
committees a report on the progress of the Department
of Defense with respect to improving the ability of the
United States Armed Forces to conduct combined joint
operations to deny the strategic goals of a competitor
against a covered defense partner.
(2) Matters to be included.--Each report required
by paragraph (1) shall include the following:
(A) An explanation of the objectives for
the United States Armed Forces that would be
necessary to deny the strategic goals of a
competitor against a covered defense partner.
(B) An identification of joint warfighting
capabilities and current efforts to organize,
train, and equip the United States Armed Forces
in support of the objectives explained pursuant
to paragraph (1), including--
(i) an assessment of whether the
programs included in the most recent
future-years defense program submitted
to Congress under section 221 of title
10, United States Code, are sufficient
to enable the United States Armed
Forces to conduct combined joint
operations to achieve such objectives;
(ii) a description of additional
investments or force posture
adjustments required to maintain or
improve the ability of the United
States Armed Forces to conduct combined
joint operations to achieve such
objectives;
(iii) a description of the manner
in which the Secretary of Defense
intends to develop and integrate Army,
Navy, Air Force, Marine Corps, and
Space Force operational concepts to
maintain or improve the ability of the
United States Armed Forces to conduct
combined joint operations to achieve
such objectives; and
(iv) an assessment of the manner in
which different options for pre-
delegating authorities may improve the
ability of the United States Armed
Forces to conduct combined joint
operations to achieve such objectives.
(C) An assessment of options for deterring
limited use of nuclear weapons by a competitor
in the Indo-Pacific region without undermining
the ability of the United States Armed Forces
to maintain deterrence against other
competitors or adversaries.
(D) An assessment of a competitor theory of
victory for invading and unifying a covered
defense partner with such competitor by
military force.
(E) A description of the military
objectives a competitor would need to achieve
strategic goals.
(F) A description of the military missions
a strategic competitor would need to achieve
strategic goals, including--
(i) blockade and bombing
operations;
(ii) amphibious landing operations;
or
(iii) combat operations.
(G) An assessment of competing demands on a
competitor's resources and how such demands
impact such competitor's ability to achieve
strategic goals.
(H) An assessment of the self-defense
capabilities of covered defense partners and a
summary of defense articles and services that
are required to enhance such capability.
(I) An assessment of the capabilities of
partner and allied countries to conduct
combined operations with the United States
Armed Forces in a regional contingency.
(3) Form.--Each report required by paragraph (1)
shall be submitted in classified form but may include
an unclassified executive summary.
(b) Definitions.--In this section:
(1) The term ``competitor'' means a country
identified as a strategic competitor in the ``Summary
of the 2018 National Defense Strategy of the United
States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense
pursuant to section 113 of title 10, United States
Code.
(2) The term ``covered defense partner'' means a
partner identified in the ``Department of Defense Indo-
Pacific Strategy Report'' issued on June 1, 2019, that
is located within 100 miles off the coast of a
strategic competitor.
(3) The term ``strategic goals'' means, with
respect to a competitor, a strategy designed to allow
the competitor to rapidly use military force to
effectively control the territory of a covered defense
partner before the United States Armed Forces are able
to respond.
SEC. 1299H. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE
PEOPLE'S REPUBLIC OF CHINA, THE RUSSIAN FEDERATION,
AND THE UNITED STATES.
(a) Studies Required.--
(1) Department of defense study.--Not later than
270 days after the date of the enactment of this Act,
the Secretary of Defense shall complete a comparative
study on the defense budgets of the People's Republic
of China, the Russian Federation, and the United
States.
(2) Independent study.--
(A) In general.--Not later than 90 days
after the date of the enactment of this Act,
the Secretary shall offer to enter into an
agreement with an entity independent of the
Department of Defense to conduct a comparative
study on the defense budgets of the People's
Republic of China, the Russian Federation, and
the United States, to be completed not later
than 270 days after the date on which the offer
to enter into the agreement is made.
(B) Federally funded research and
development center.--The entity described in
subparagraph (A) shall be a federally funded
research and development center.
(3) Goal.--The goal of the studies required by
paragraphs (1) and (2) shall be to develop a
methodologically sound set of assumptions to underpin a
comparison of the defense spending of the People's
Republic of China, the Russian Federation, and the
United States.
(b) Elements.--
(1) In general.--Each study required by subsection
(a) shall do the following:
(A) Determine the amounts invested by each
subject country across functional categories
for spending, including--
(i) defense-related research and
development;
(ii) weapons procurement from
domestic and foreign sources;
(iii) operations and maintenance;
(iv) pay and benefits; and
(v) military pensions.
(B) Consider the effects of purchasing
power parity and market exchange rates,
particularly on nontraded goods.
(C) Consider differences in the relative
prices and quality of goods within each subject
country.
(D) Compare the quality of labor and
benefits for the defense workforce of each
subject country.
(E) Account for discrepancies in the manner
in which each subject country accounts for
certain functional types of defense-related
spending.
(F) Explicitly estimate the magnitude of
omitted spending from official defense budget
information.
(G) Describe direct, indirect, and burden-
sharing contributions made by host countries to
each subject country, including contributions
for--
(i) labor costs;
(ii) military construction
projects;
(iii) labor, utilities, facilities,
and costs omitted;
(iv) costs associated with training
and operations; and
(v) any other purpose the Secretary
considers appropriate.
(H) Analyze the budget impact of
geographical considerations and forward-
deployed forces.
(I) Exclude spending related to veterans'
benefits.
(2) Additional element for independent study.--In
addition to the elements described in paragraph (1),
the independent study required by subsection (a)(2)
shall analyze best practices for quantifying and
evaluating the comparative military expenditures of
each subject country for defense-related databases and
research.
(c) Considerations.--The studies required by subsection (a)
may take into consideration the following:
(1) The effects of state-owned enterprises on the
defense expenditures of the People's Republic of China
and the Russian Federation.
(2) The role of differing acquisition policies and
structures with respect to the defense expenditures of
each subject country.
(3) Any other matter relevant to evaluating the
resources dedicated to the defense spending or the
various military-related outlays of the People's
Republic of China and the Russian Federation.
(d) Reports.--
(1) In general.--Not later than 60 days after the
date on which each study required by subsection (a) is
completed, the Secretary shall submit to the
appropriate committees of Congress a report on the
results of the applicable study, together with the
views of the Secretary on such study.
(2) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Secretary of
Energy, shall enter into an arrangement with the National
Academy of Sciences--
(1) to conduct an assessment of strategies of the
United States for preventing, countering, and
responding to nuclear, biological, and chemical
terrorism; and
(2) to make recommendations to improve such
strategies.
(b) Matters to Be Included.--The assessment and
recommendations required by subsection (a) shall address the
adequacy of strategies described in such subsection and
identify technical, policy, and resource gaps with respect to--
(1) identifying national and international nuclear,
biological, and chemical risks, and critical emerging
threats;
(2) preventing state-sponsored and non-state actors
from acquiring or misusing the technologies, materials,
and critical expertise needed to carry out nuclear,
biological, and chemical attacks, including dual-use
technologies, materials, and expertise;
(3) countering efforts by state-sponsored and non-
state actors to carry out such attacks;
(4) responding to nuclear, biological, and chemical
terrorism incidents to attribute their origin and help
manage their consequences;
(5) budgets likely to be required to implement
effectively such strategies; and
(6) other important matters that are directly
relevant to such strategies.
(c) Report.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report that contains the assessment and
recommendations required by subsection (a).
(2) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, Committee on
Armed Services, and Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, Committee
on Armed Services, and Select Committee on Intelligence
of the Senate.
SEC. 1299J. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH
``PRINCIPLES RELATED TO THE PROTECTION OF MEDICAL
CARE PROVIDED BY IMPARTIAL HUMANITARIAN
ORGANIZATIONS DURING ARMED CONFLICTS''.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives any available
results of the review requested on October 3, 2016, by the
Secretary of Defense of compliance of all relevant Department
of Defense orders, rules of engagement, directives,
regulations, policies, practices, and procedures, with the
``Principles Related to the Protection of Medical Care Provided
by Impartial Humanitarian Organizations During Armed
Conflicts''.
(b) Additional Requirement.--The Secretary of Defense shall
continue to ensure that all Department of Defense orders, rules
of engagement, directives, regulations, policies, practices,
and procedures that were reviewed as described in subsection
(a), including any other guidance, training, or standard
operating procedures relating to the protection of health care
during armed conflict, are consistent with the ``Principles
Related to the Protection of Medical Care Provided by Impartial
Humanitarian Organizations During Armed Conflicts''.
SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any vehicles by
the Department of Defense to a joint task force of the Ministry
of Defense or the Ministry of the Interior of Guatemala during
fiscal year 2021, the Secretary of Defense shall certify to the
appropriate congressional committees that such ministries have
made a credible commitment to use such equipment only for the
uses for which they were intended.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1299L. FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR
WARFARE.
(a) Report Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State,
shall submit to the congressional defense committees a
report that assesses the merits and feasibility of
establishing and administering a Department of Defense
Functional Center for Security Studies in Irregular
Warfare.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A description of the benefits to the
United States, and the allies and partners of
the United States, of establishing such a
functional center, including the manner in
which the establishment of such a functional
center would enhance and sustain focus on, and
advance knowledge and understanding of, matters
of irregular warfare, including cybersecurity,
nonstate actors, information operations,
counterterrorism, stability operations, and the
hybridization of such matters.
(B) A detailed description of the mission
and purpose of such a functional center,
including applicable policy guidance from the
Office of the Secretary of Defense.
(C) An analysis of appropriate reporting
and liaison relationships between such a
functional center and--
(i) the geographic and functional
combatant commands;
(ii) other Department of Defense
stakeholders; and
(iii) other government and
nongovernment entities and
organizations.
(D) An enumeration and valuation of
criteria applicable to the determination of a
suitable location for such a functional center.
(E) A description of the establishment and
operational costs of such a functional center,
including for--
(i) military construction for
required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty
and staff; and
(iv) other costs the Secretary of
Defense considers appropriate.
(F) An evaluation of the existing
infrastructure, resources, and personnel
available at military installations, existing
regional centers, interagency facilities, and
universities and other academic and research
institutions that could reduce the costs
described in subparagraph (E).
(G) An examination of partnership
opportunities with United States allies and
partners for potential collaboration and burden
sharing.
(H) A description of potential courses and
programs that such a functional center could
carry out, including--
(i) core, specialized, and advanced
courses;
(ii) planning workshops and
structured after-action reviews or
debriefs;
(iii) seminars;
(iv) initiatives on executive
development, relationship building,
partnership outreach, and any other
matter the Secretary of Defense
considers appropriate; and
(v) focused academic research and
studies in support of Department
priorities.
(I) A description of any modification to
title 10, United States Code, or any other
provision of law, necessary for the effective
establishment and administration of such a
functional center.
(3) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the report required by subsection (a), and
subject to the availability of appropriated funds, the
Secretary of Defense may establish and administer a
Department of Defense Functional Center for Security
Studies in Irregular Warfare.
(2) Treatment as a regional center for security
studies.--A Department of Defense Functional Center for
Security Studies in Irregular Warfare established under
paragraph (1) shall be operated and administered in the
same manner as the Department of Defense Regional
Centers for Security Studies under section 342 of title
10, United States Code, and in accordance with such
regulations as the Secretary of Defense may prescribe.
(3) Limitation.--No other institution or element of
the Department may be designated as a Department of
Defense functional center, except by an Act of
Congress.
(4) Location.--The location of a Department of
Defense Functional Center for Security Studies in
Irregular Warfare established under paragraph (1) shall
be selected based on an objective, criteria-driven
administrative or competitive award process.
SEC. 1299M. UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY COOPERATION
WITHIN THE UNITED STATES-ISRAEL DEFENSE ACQUISITION
ADVISORY GROUP.
(a) Requirement.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall take
actions within the United States-Israel Defense
Acquisition Advisory Group that may be necessary--
(A) to systematically evaluate and share
potential options to develop and acquire
intelligence-informed military requirements
that directly support warfighting capabilities
of both the Department of Defense and the
Ministry of Defense of Israel; and
(B) to develop, as feasible and advisable,
combined United States-Israel plans to
research, develop, procure, and field weapon
systems and military capabilities as quickly
and economically as possible to meet common
capability requirements of the Department and
the Ministry of Defense of Israel.
(2) Rule of construction.--Nothing in this
subsection shall be construed as requiring the
establishment or termination of any existing United
States defense activity, group, program, or partnership
with Israel.
(b) Bilateral Coordination.--To enhance cooperation and
encourage military-to-military engagement on operations and
technology, the Secretary of Defense, in consultation with
other appropriate Cabinet members, shall take appropriate
actions to consult and cooperate with the Government of Israel
on the requirements.
(c) Establishment of Working Group Within the United
States-Israel Defense Acquisition Advisory Group.--The
Secretary of Defense, in consultation with the appropriate
heads of other Federal agencies, may establish, under the
United States vice chairman of the United States-Israel Defense
Acquisition Advisory Group, a working group to address
operations and technology matters described in subsection
(a)(1).
(d) Reports.--
(1) In general.--Not later than March 15 each year
through 2025, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the
appropriate committees of Congress a report on any
actions taken by the Secretary of Defense pursuant to
the requirements in subsection (a)(1).
(2) Elements.--Each report required by paragraph
(1) shall include the following:
(A) A description of any science and
technology effort or research, development,
test, and evaluation effort considered,
facilitated, or recommended by the United
States-Israel Defense Acquisition Advisory
Group, including any effort that results in a
United States or Israel program of record.
(B) A description of military capabilities
the United States-Israel Defense Acquisition
Advisory Group has determined should be pursued
through a defense cooperation effort between
the Government of the United States and the
Government of Israel.
(C) A description of any science and
technology effort or research, development,
test, and evaluation effort facilitated and
recommended by the United States-Israel Defense
Acquisition Advisory Group, in support of the
development of the military capabilities
referred to in subparagraph (B), including any
effort that results in a United States or
Israel program of record.
(D) A description of any obstacle or
challenge associated with an effort described
in subparagraph (B) and the plan of the United
States-Israel Defense Acquisition Advisory
Group to address such obstacle or challenge.
(E) A description of the efforts of the
United States-Israel Defense Acquisition
Advisory Group to prevent the People's Republic
of China or the Russian Federation from
obtaining intellectual property or military
technology associated with combined United
States and Israel science and technology
efforts and research, development, test, and
evaluation efforts.
(F) A list of potential areas the United
States-Israel Defense Acquisition Advisory
Group is considering for cooperation on defense
issues.
(G) A description of any authority or
authorization of appropriations required for
the United States-Israel Defense Acquisition
Advisory Group to carry out the purposes
described in subsection (a)(1).
(3) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form and shall
include a classified annex in which the elements
required under subparagraphs (B) and (E) of paragraph
(2) and any additional classified information, as
determined by the Secretary of Defense, shall be
addressed.
(e) Appropriate Committees of Congress Defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 1299N. PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.
Subsection (c) of section 452 of title 37, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) Passport and visa fees required for foreign
travel.''.
SEC. 1299O. RESUMPTION OF PEACE CORPS OPERATIONS.
Not later than 90 days after the date of enactment of this
Act, the Director of the Peace Corps shall submit to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report
that describes the efforts of the Peace Corps to--
(1) offer a return to service to each Peace Corps
volunteer and trainee whose service ended on March 15,
2020 (or earlier, in the case of volunteers who were
serving in China or Mongolia), due to the COVID-19
public health emergency;
(2) obtain approval from countries, to the extent
safe and appropriate, to return volunteers and trainees
to countries of service, predicated on the ability for
volunteers and trainees to return safely and legally;
(3) provide adequate measures necessary for the
safety and health of volunteers and trainees and
develop contingency plans in the event overseas
operations are disrupted by future COVID-19 outbreaks;
(4) develop and maintain a robust volunteer cohort;
and
(5) identify any need for anticipated additional
appropriations or new statutory authorities and the
changes in global conditions that would be necessary to
achieve the goal of safely enrolling 7,300 Peace Corps
volunteers during the 1-year period beginning on the
date on which Peace Corps operations resume.
SEC. 1299P. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.
(a) Sense of Congress.--It is the sense of Congress that it
is in the interest of the United States to promote global
internet freedom by countering internet censorship and
repressive surveillance and protect the internet as a platform
for the free exchange of ideas, promotion of human rights and
democracy, and advancement of a free press and to support
efforts that prevent the deliberate misuse of the internet to
repress individuals from exercising their rights to free speech
and association, including countering the use of such
technologies by authoritarian regimes.
(b) Establishment.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by
inserting after section 309 the following new section:
``SEC. 309A. OPEN TECHNOLOGY FUND.
``(a) Authority.--
``(1) In general.--Grants authorized under section
305 shall be available to make annual grants for the
purpose of promoting, consistent with United States
law, unrestricted access to uncensored sources of
information via the internet to enable journalists,
including journalists employed by or affiliated with
the Voice of America, Radio Free Europe/Radio Liberty,
Radio Free Asia, the Middle East Broadcasting Networks,
the Office of Cuba Broadcasting, or any entity funded
by or partnering with the United States Agency for
Global Media, to create and disseminate, and for their
audiences to receive, news and information consistent
with the purposes, standards, and principles specified
in sections 302 and 303.
``(2) Establishment.--There is established a
grantee entity to be known as the `Open Technology
Fund', which shall carry out the provisions of this
section.
``(b) Functions of the Grantee.--In furtherance of the
mission set forth in subsection (a), the Open Technology Fund
shall seek to advance freedom of the press and unrestricted
access to the internet in repressive environments oversees, and
shall--
``(1) research, develop, implement, and maintain--
``(A) technologies that circumvent
techniques used by authoritarian governments,
nonstate actors, and others to block or censor
access to the internet, including circumvention
tools that bypass internet blocking, filtering,
and other censorship techniques used to limit
or block legitimate access to content and
information; and
``(B) secure communication tools and other
forms of privacy and security technology that
facilitate the creation and distribution of
news and enable audiences to access media
content on censored websites;
``(2) advance internet freedom by supporting
private and public sector research, development,
implementation, and maintenance of technologies that
provide secure and uncensored access to the internet to
counter attempts by authoritarian governments, nonstate
actors, and others to improperly restrict freedom
online;
``(3) research and analyze emerging technical
threats and develop innovative solutions through
collaboration with the private and public sectors to
maintain the technological advantage of the United
States Government over authoritarian governments,
nonstate actors, and others;
``(4) develop, acquire, and distribute requisite
internet freedom technologies and techniques for the
United States Agency for Global Media, including as set
forth in paragraph (1), and digital security
interventions, to fully enable the creation and
distribution of digital content between and to all
users and regional audiences;
``(5) prioritize programs for countries the
governments of which restrict freedom of expression on
the internet, and that are important to the national
interest of the United States, and are consistent with
section 7050(b)(2)(C) of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94); and
``(6) carry out any other effort consistent with
the purposes of this Act or press freedom overseas if
requested or approved by the United States Agency for
Global Media.
``(c) Methodology.--In carrying out subsection (b), the
Open Technology Fund shall--
``(1) support fully open-source tools, code, and
components, to the extent practicable, to ensure such
supported tools and technologies are as secure,
transparent, and accessible as possible, and require
that any such tools, components, code, or technology
supported by the Open Technology Fund remain fully
open-source, to the extent practicable;
``(2) support technologies that undergo
comprehensive security audits to ensure that such
technologies are secure and have not been compromised
in a manner detrimental to the interest of the United
States or to individuals and organizations benefitting
from programs supported by the Open Technology Fund;
``(3) review and update periodically as necessary
security auditing procedures used by the Open
Technology Fund to reflect current industry security
standards;
``(4) establish safeguards to mitigate the use of
such supported technologies for illicit purposes;
``(5) solicit project proposals through an open,
transparent, and competitive application process to
attract innovative applications and reduce barriers to
entry;
``(6) seek input from technical, regional, and
subject matter experts from a wide range of relevant
disciplines, to review, provide feedback, and evaluate
proposals to ensure the most competitive projects are
funded;
``(7) implement an independent review process,
through which proposals are reviewed by such experts to
ensure the highest degree of technical review and due
diligence;
``(8) maximize cooperation with the public and
private sectors, as well as foreign allies and partner
countries, to maximize efficiencies and eliminate
duplication of efforts; and
``(9) utilize any other methodology approved by the
United States Agency for Global Media in furtherance of
the mission of the Open Technology Fund.
``(d) Grant Agreement.--Any grant agreement with or grants
made to the Open Technology Fund under this section shall be
subject to the following limitations and restrictions:
``(1) The headquarters of the Open Technology Fund
and its senior administrative and managerial staff
shall be located in a location which ensures economy,
operational effectiveness, and accountability to the
United States Agency for Global Media.
``(2) Grants awarded under this section shall be
made pursuant to a grant agreement which requires that
grant funds be used only for activities consistent with
this section, and that failure to comply with such
requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
``(3) Any grant agreement under this section shall
require that any contract entered into by the Open
Technology Fund shall specify that all obligations are
assumed by the grantee and not by the United States
Government.
``(4) Any grant agreement under this section shall
require that any lease agreements entered into by the
Open Technology Fund shall be, to the maximum extent
possible, assignable to the United States Government.
``(5) Administrative and managerial costs for
operation of the Open Technology Fund should be kept to
a minimum and, to the maximum extent feasible, should
not exceed the costs that would have been incurred if
the Open Technology Fund had been operated as a Federal
entity rather than as a grantee.
``(6) Grant funds may not be used for any activity
the purpose of which is influencing the passage or
defeat of legislation considered by Congress.
``(e) Relationship to the United States Agency for Global
Media.--
``(1) In general.--The Open Technology Fund shall
be subject to the same oversight and governance by the
United States Agency for Global Media as other grantees
of the Agency as set forth in section 305.
``(2) Assistance.--The United States Agency for
Global Media, its broadcast entities, and the Open
Technology Fund should render assistance to each other
as may be necessary to carry out the purposes of this
section or any other provision of this Act.
``(3) Not a federal agency or instrumentality.--
Nothing in this section may be construed to make the
Open Technology Fund a Federal agency or
instrumentality.
``(4) Detailees.--Under the Intergovernmental
Personnel Act, employees of a grantee of the United
States Agency for Global Media may be detailed to the
Agency, and Federal employees may be detailed to a
grantee of the United States Agency for Global Media.
``(f) Relationship to Other United States Government-funded
Internet Freedom Programs.--The United States Agency for Global
Media shall ensure that internet freedom research and
development projects of the Open Technology Fund are
coordinated with internet freedom programs of the Department of
State and other relevant United States Government departments,
in order to share information and best-practices relating to
the implementation of subsections (b) and (c).
``(g) Reporting Requirements.--
``(1) Annual report.--The Open Technology Fund
shall highlight, in its annual report, internet freedom
activities, including a comprehensive assessment of the
Open Technology Fund's activities relating to the
implementation of subsections (b) and (c). Each such
report shall include the following:
``(A) An assessment of the current state of
global internet freedom, including trends in
censorship and surveillance technologies and
internet shutdowns, and the threats such pose
to journalists, citizens, and human rights and
civil-society organizations.
``(B) A description of the technology
projects supported by the Open Technology Fund
and the associated impact of such projects in
the prior year, including the countries and
regions in which such technologies were
deployed, and any associated metrics indicating
audience usage of such technologies, as well as
future-year technology project initiatives.
``(2) Assessment of the effectiveness of the open
technology fund.--Not later than two years after the
date of the enactment of this section, the Inspector
General of the Department of State and the Foreign
Service shall submit to the appropriate congressional
committees a report on the following:
``(A) Whether the Open Technology Fund is
technically sound and cost effective.
``(B) Whether the Open Technology Fund is
satisfying the requirements of this section.
``(C) The extent to which the interests of
the United States are being served by
maintaining the work of the Open Technology
Fund.
``(h) Audit Authorities.--
``(1) In general.--Financial transactions of the
Open Technology Fund, as such relate to functions
carried out under this section, may be audited by the
Government Accountability Office in accordance with
such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller
General of the United States. Any such audit shall be
conducted at the place or places at which accounts of
the Open Technology Fund are normally kept.
``(2) Access by gao.--The Government Accountability
Office shall have access to all books, accounts,
records, reports, files, papers, and property belonging
to or in use by the Open Technology Fund pertaining to
financial transactions as may be necessary to
facilitate an audit. The Government Accountability
Office shall be afforded full facilities for verifying
transactions with any assets held by depositories,
fiscal agents, and custodians. All such books,
accounts, records, reports, files, papers, and property
of the Open Technology Fund shall remain in the
possession and custody of the Open Technology Fund.
``(3) Exercise of authorities.--Notwithstanding any
other provision of law, the Inspector General of the
Department of State and the Foreign Service is
authorized to exercise the authorities of the Inspector
General Act of 1978 with respect to the Open Technology
Fund.''.
(c) Conforming Amendments.--The United States International
Broadcasting Act of 1994 is amended--
(1) in section 304(d) (22 U.S.C. 6203(d)), by
inserting ``the Open Technology Fund,'' before ``the
Middle East Broadcasting Networks'';
(2) in sections 305 and 310 (22 U.S.C. 6204 and
6209), by inserting ``the Open Technology Fund,''
before ``or the Middle East Broadcasting Networks''
each place such term appears; and
(3) in section 310 (22 U.S.C. 6209), by inserting
``the Open Technology Fund,'' before ``and the Middle
East Broadcasting Networks'' each place such term
appears.
(d) Authorization of Appropriations.--There is authorized
to be appropriated for the Open Technology Fund $25,000,000 for
fiscal year 2022 to carry out section 309A of the United States
International Broadcasting Act of 1994, as added by subsection
(b) of this section.
(e) Effective Date.--Section 309A of the United States
International Broadcasting Act of 1994 (as added by subsection
(b) of this section) and subsections (c) and (d) of this
section shall take effect and apply beginning on July 1, 2021.
SEC. 1299Q. UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) Sense of Congress.--It is the sense of Congress that
the Office of Cuba Broadcasting should--
(1) remain an independent entity of the United
States Agency for Global Media; and
(2) continue taking steps to ensure that the Office
is fulfilling its core mission of promoting freedom and
democracy by providing the people of Cuba with
objective news and information programming.
(b) Standards and Principles.--Section 303 of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6202)
is amended--
(1) in subsection (a), by inserting ``, including
editorial independence'' before the semicolon at the
end; and
(2) in subsection (b), by inserting ``, including
editorial independence,'' after ``programing''.
(c) Authorities of the Chief Executive Officer; Limitation
on Corporate Leadership of Grantees.--Section 305 of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6204)
is amended--
(1) in subsection (a)--
(A) in paragraph (20), by inserting ``in
accordance with subsection (c)'' before the
period at the end;
(B) in paragraph (21)--
(i) by striking ``including with
Federal officials,''; and
(ii) by inserting ``in accordance
with subsection (c)'' before the period
at the end;
(C) by adding at the end the following new
paragraph:
``(23) To--
``(A) require annual content reviews of
each language service of Voice of America, The
Office of Cuba Broadcasting, and each grantee
network, consisting of a review of at least 10
percent of available unique weekly content from
any selected week from the previous year, which
shall be conducted, to the extent practicable,
by fluent language speakers and experts without
direct affiliation to the language service
being reviewed, who are seeking any evidence of
inappropriate or unprofessional content, which
shall be submitted to the Office of Policy
Research, the head and Board of the respective
language service, and the Chief Executive
Officer;
``(B) submit to the appropriate
congressional committees a list of anomalous
reports, including status updates on anomalous
services during the 3-year period commencing on
the date of receipt of the first report of
biased, unprofessional, or otherwise
problematic content."; and
``(C) launch a review, using external,
native-language and regional experts, the
results of which are to be reported to the
appropriate congressional committees, if a
widespread pattern of violations of the
principles, standards, or journalistic code of
ethics of a language service or grantee network
has been identified.''; and
(2) by adding at the end the following new
subsection:
``(c) Limitation on Corporate Leadership of Grantees.--
``(1) In general.--The Chief Executive Officer may
not award any grant under subsection (a) to RFE/RL,
Inc., Radio Free Asia, the Middle East Broadcasting
Networks, the Open Technology Fund, or any other
grantee authorized under this title (collectively
referred to as `Agency Grantee Networks') unless the
incorporation documents of any such grantee require
that the corporate leadership and Board of Directors of
such grantee be selected in accordance with this Act.
``(2) Conflicts of interest.--
``(A) Chief executive officer.--The Chief
Executive Officer may not serve on any of the
corporate boards of any grantee under
subsection (a).
``(B) Federal employees.--A full-time
employee of a Federal agency may not serve on a
corporate board of any grantee under subsection
(a).
``(3) Qualifications of grantee board members.--
Individuals appointed under subsection (a) to the Board
of Directors of any of the Agency Grantee Networks
shall have requisite expertise in journalism,
technology, broadcasting, or diplomacy, or appropriate
language or cultural understanding relevant to the
grantee's mission.''.
(d) International Broadcasting Advisory Board.--Section 306
of the United States International Broadcasting Act of 1994 (22
U.S.C. 6205) is amended--
(1) by striking subsections (a) through (c) and
inserting the following:
``(a) In General.--The International Broadcasting Advisory
Board (referred to in this section as the `Advisory Board')
shall advise the Chief Executive Officer of the United States
Agency for Global Media, as appropriate. The Advisory Board as
established shall exist within the executive branch as an
entity described in section 104 of title 5, United States Code.
``(b) Composition of the Advisory Board.--
``(1) In general.--The Advisory Board shall consist
of seven members, of whom--
``(A) six shall be appointed by the
President, by and with the advice and consent
of the Senate, in accordance with subsection
(c); and
``(B) one shall be the Secretary of State.
``(2) Chair.--The President shall designate, with
the advice and consent of the Senate, one of the
members appointed under paragraph (1)(A) as Chair of
the Advisory Board.
``(3) Party limitation.--Not more than three
members of the Advisory Board appointed under paragraph
(1)(A) may be affiliated with the same political party.
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Board
shall serve for a single term of 4 years,
except that, of the first group of members
appointed under paragraph (1)(A)--
``(i) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is 2 years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act;
``(ii) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is 4 years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act; and
``(iii) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is 6 years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act.
``(B) Secretary of state.--The Secretary of
State shall serve as a member of the Advisory
Board for the duration of his or her tenure as
Secretary of State.
``(5) Vacancies.--
``(A) In general.--The President shall
appoint, with the advice and consent of the
Senate, additional members to fill vacancies on
the Advisory Board occurring before the
expiration of a term.
``(B) Term.--Any members appointed pursuant
to subparagraph (A) shall serve for the
remainder of such term.
``(C) Service beyond term.--Any member
whose term has expired shall continue to serve
as a member of the Advisory Board until a
qualified successor has been appointed and
confirmed by the Senate.
``(D) Secretary of state.--When there is a
vacancy in the office of Secretary of State,
the Acting Secretary of State shall serve as a
member of the Advisory Board until a new
Secretary of State is appointed.'';
(2) by redesignating subsection (d) as subsection
(c);
(3) by amending subsection (c), as redesignated--
(A) in the subsection heading, by inserting
``ADVISORY'' before ``BOARD''; and
(B) in paragraph (2), by inserting ``who
are'' before ``distinguished''; and
(4) by striking subsections (e) and (f) and
inserting the following new subsections:
``(d) Functions of the Advisory Board.--The members of the
Advisory Board shall--
``(1) provide the Chief Executive Officer of the
United States Agency for Global Media with advice and
recommendations for improving the effectiveness and
efficiency of the Agency and its programming;
``(2) meet with the Chief Executive Officer at
least four times annually, including twice in person as
practicable, and at additional meetings at the request
of the Chief Executive Officer or the Chair of the
Advisory Board;
``(3) report periodically, or upon request, to the
congressional committees specified in subsection (c)(2)
regarding its advice and recommendations for improving
the effectiveness and efficiency of the United States
Agency for Global Media and its programming;
``(4) obtain information from the Chief Executive
Officer, as needed, for the purposes of fulfilling the
functions described in this subsection;
``(5) consult with the Chief Executive Officer
regarding budget submissions and strategic plans before
they are submitted to the Office of Management and
Budget or to Congress;
``(6) advise the Chief Executive Officer to ensure
that--
``(A) the Chief Executive Officer fully
respects the professional integrity and
editorial independence of United States Agency
for Global Media broadcasters, networks, and
grantees; and
``(B) agency networks, broadcasters, and
grantees adhere to the highest professional
standards and ethics of journalism, including
taking necessary actions to uphold professional
standards to produce consistently reliable and
authoritative, accurate, objective, and
comprehensive news and information; and
``(7) provide other strategic input to the Chief
Executive Officer.
``(e) Appointment of Heads of Networks.--
``(1) In general.--The heads of Voice of America,
the Office of Cuba Broadcasting, RFE/RL, Inc., Radio
Free Asia, the Middle East Broadcasting Networks, the
Open Technology Fund, or of any other grantee
authorized under this title may only be appointed or
removed if such action has been approved by a majority
vote of the Advisory Board.
``(2) Removal.--After consulting with the Chief
Executive Officer, five or more members of the Advisory
Board may unilaterally remove any such head of network
or grantee network described in paragraph (1).
``(3) Quorum.--
``(A) In general.--A quorum shall consist
of four members of the Advisory Board
(excluding the Secretary of State).
``(B) Decisions.--Except as provided in
paragraph (2), decisions of the Advisory Board
shall be made by majority vote, a quorum being
present.
``(C) Closed sessions.--The Advisory Board
may meet in closed sessions in accordance with
section 552b of title 5, United States Code.
``(f) Compensation.--
``(1) In general.--Members of the Advisory Board,
while attending meetings of the Advisory Board or while
engaged in duties relating to such meetings or in other
activities of the Advisory Board under this section
(including travel time) shall be entitled to receive
compensation equal to the daily equivalent of the
compensation prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
``(2) Travel expenses.--While away from their homes
or regular places of business, members of the Board may
be allowed travel expenses, including per diem in lieu
of subsistence, as authorized under section 5703 of
such title for persons in the Government service
employed intermittently.
``(3) Secretary of state.--The Secretary of State
is not entitled to any compensation under this title,
but may be allowed travel expenses in accordance with
paragraph (2).
``(g) Support Staff.--The Chief Executive Officer shall,
from within existing United States Agency for Global Media
personnel, provide the Advisory Board with an Executive
Secretary and such administrative staff and support as may be
necessary to enable the Advisory Board to carry out subsections
(d) and (e).''.
(e) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended--
(1) in section 304--
(A) in the section heading, by striking
``broadcasting board of governors'' and
inserting ``united states agency for global
media'';
(B) in subsection (a), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media'';
(C) in subsection (b)(1), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''; and
(D) in subsection (c), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(2) in section 305--
(A) in subsection (a)--
(i) in paragraph (6), by striking
``Board'' and inserting ``Agency'';
(ii) in paragraph (13), by striking
``Board'' and inserting ``Agency'';
(iii) in paragraph (20), by
striking ``Board'' and inserting
``Agency''; and
(iv) in paragraph (22), by striking
``Board'' and inserting ``Agency'';
(B) in subsection (b), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(3) in section 308--
(A) in subsection (a), in the matter
preceding paragraph (1), by striking ``Board''
and inserting ``Agency'';
(B) in subsection (b), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(C) in subsection (d), by striking
``Board'' and inserting ``Agency'';
(D) in subsection (g), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(E) in subsection (h)(5), by striking
``Board'' and inserting ``Agency''; and
(F) in subsection (i), in the first
sentence, by striking ``Board'' and inserting
``Agency'';
(4) in section 309--
(A) in subsection (c)(1), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(B) in subsection (e), in the matter
preceding paragraph (1), by striking ``Board''
and inserting ``Agency'';
(C) in subsection (f), by striking
``Board'' each place such term appears and
inserting ``Agency''; and
(D) in subsection (g), by striking
``Board'' and inserting ``Agency'';
(5) in section 310(d), by striking ``Board'' and
inserting ``Agency'';
(6) in section 310A(a), by striking ``Broadcasting
Board of Governors'' and inserting ``United States
Agency for Global Media'';
(7) in section 310B, by striking ``Board'' and
inserting ``Agency'';
(8) by striking section 312;
(9) in section 313(a), in the matter preceding
paragraph (1), by striking ``Board'' and inserting
``Agency'';
(10) in section 314--
(A) by striking ``(4) the terms `Board and
Chief Executive Officer of the Board' means the
Broadcasting Board of Governors'' and inserting
the following:
``(2) the terms `Agency' and `Chief Executive
Officer of the Agency' mean the United States Agency
for Global Media and the Chief Executive Officer of the
United States Agency for Global Media, respectively,'';
and
(B) in paragraph (3)--
(i) by striking ``includes--'' and
inserting ``means the corporation
having the corporate title described in
section 308''; and
(ii) by striking subparagraphs (A)
and (B); and
(11) in section 316--
(A) in subsection (a)(1), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''; and
(B) in subsection (c), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''.
(f) Savings Provisions.--Section 310 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6209) is
amended by adding at the end the following new subsections:
``(f) Maintenance of Proprietary Information.--No
consolidation of grantees authorized under subsection (a)
involving any grantee shall result in any legal transfer of
ownership of any proprietary information or intellectual
property to the United State Agency for Global Media or any
other Federal entity.
``(g) Rule of Construction.--No consolidation of grantees
authorized under subsection (a) shall result in the
consolidation of the Open Technology Fund or any successor
entity with any other grantee.''.
SEC. 1299R. LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the annual Trafficking In Persons Report
prepared by the Department of State pursuant to the
Trafficking Victims Protection Act of 2000 (the ``TIP
Report'') remains one of the most comprehensive,
timely, and important sources of information on human
trafficking in the world, and currently includes 187
individual country narratives;
(2) in January 2019, the statute mandating the TIP
Report was amended to require that each report must
cover efforts and activities occurring within the
period from April 1 of the prior year through March 31
of the current year, which necessarily requires the
collection and transmission of information after March
31;
(3) ensuring that the Department of State has
adequate time to receive, analyze, and incorporate
trafficking-related information into its annual
Trafficking In Persons Report is important to the
quality and comprehensiveness of that report;
(4) information regarding prevalence and patterns
of human trafficking is important for understanding the
scourge of modern slavery and making effective
decisions about where and how to combat it; and
(5) United States officials responsible for
monitoring and combating trafficking in persons around
the world should receive available information
regarding where and how often United States diplomatic
and consular officials encounter persons who are
responsible for, or who knowingly benefit from, severe
forms of trafficking in persons.
(b) Annual Deadline for Trafficking in Persons Report.--
Section 110(b)(1) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)(1)) is amended by striking ``June 1''
and inserting ``June 30''.
(c) United States Advisory Council on Human Trafficking.--
(1) Extension.--Section 115(h) of the Justice for
Victims of Trafficking Act of 2015 (Public Law 114-22;
129 Stat. 243) is amended by striking ``September 30,
2021'' and inserting ``September 30, 2025''.
(2) Compensation.--Section 115(f) of the Justice
for Victims of Trafficking Act of 2015 (Public Law 114-
22; 129 Stat. 243) is amended--
(A) in paragraph (1), by striking ``and''
after the semicolon at the end;
(B) in paragraph (2), by striking the
period at end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) may each receive compensation for each day
such member is engaged in the actual performance of the
duties of the Council.''.
(3) Compensation report.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary of State shall provide to the relevant
congressional committees a plan to implement
compensation for members of the United States Advisory
Council on Human Trafficking pursuant to paragraph (3)
of section 115(f) of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat.
243), as added by paragraph (2).
(d) Timely Provision of Information to the Office to
Monitor and Combat Trafficking in Persons of the Department of
State.--
(1) In general.--Section 106 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104) is
amended by adding at the end the following new
subsection:
``(l) Information Regarding Human Trafficking-Related Visa
Denials.--
``(1) In general.--The Secretary of State shall
ensure that the Office to Monitor and Combat
Trafficking in Persons and the Bureau of Diplomatic
Security of the Department of State receive timely and
regular information regarding United States visa
denials based, in whole or in part, on grounds related
to human trafficking.
``(2) Decisions regarding allocation.--The
Secretary of State shall ensure that decisions
regarding the allocation of resources of the Department
of State related to combating human trafficking and to
law enforcement presence at United States diplomatic
and consular posts appropriately take into account--
``(A) the information described in
paragraph (1); and
``(B) the information included in the most
recent report submitted in accordance with
section 110(b).''.
(2) Conforming amendment.--Section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102) is amended by adding at the end the following new
paragraph:
``(18) Grounds related to human trafficking.--The
term `grounds related to human trafficking' means
grounds related to the criteria for inadmissibility to
the United States described in subsection (a)(2)(H) of
section 212 of the Immigration and Nationality Act (8
U.S.C. 1182).''.
(e) Reports to Congress.--
(1) Initial report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
State shall provide to the relevant congressional
committees a report that--
(A) describes the actions that have been
taken and that are planned to implement
subsection (l) of section 106 of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104), as added by subsection (d)(1);
and
(B) identifies by country and by United
States diplomatic or consular post the number
of visa applications denied during the previous
calendar year with respect to which the basis
for such denial, included grounds related to
human trafficking (as such term is defined in
section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102), as
amended by subsection (d)(2)).
(2) Annual report.--Beginning with the first annual
anti-trafficking report that is required under
subsection (b)(1) of section 110 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107) to be
submitted after the date of the enactment of this Act,
and concurrent with each such subsequent submission for
the following 7 years, the Secretary of State shall
submit to the relevant congressional committees a
report that contains information relating to the number
and the locations of United States visa denials based,
in whole or in part, on grounds related to human
trafficking (as such term is defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102), as amended by subsection (d)(2)) during
the period covered by each such annual anti-trafficking
report.
(f) Definitions.--In this section:
(1) Location of united states visa denials.--The
term ``location of United States visa denials'' means--
(A) the United States diplomatic or
consular post at which a denied United States
visa application was adjudicated; and
(B) the city or locality of residence of
the applicant whose visa application was so
denied.
(2) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
SEC. 1299S. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE.
Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT
REDUCTION FUNDS.
(a) Funding Allocation.--Of the $360,190,000 authorized to
be appropriated to the Department of Defense for fiscal year
2021 in section 301 and made available by the funding table in
division D for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination,
$2,924,000.
(2) For chemical weapons destruction, $11,806,000.
(3) For global nuclear security, $35,852,000.
(4) For cooperative biological engagement,
$225,396,000.
(5) For proliferation prevention, $60,064,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $24,148,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2021, 2022, and 2023.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting organization.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health Care
Center, Illinois.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2021 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible beneficiaries,
as specified in the funding table in section 4501.
Subtitle B--Armed Forces Retirement Home
SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal
year 2021 from the Armed Forces Retirement Home Trust Fund the
sum of $70,300,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES
RETIREMENT HOME.
(a) Expansion of Eligibility.--Section 1512(a) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)) is
amended--
(1) in the matter preceding paragraph (1), by
striking ``active'' in the first sentence;
(2) in paragraph (1), by striking ``are 60 years of
age or over and''; and
(3) by adding the following new paragraph:
``(5) Persons who are eligible for retired pay
under chapter 1223 of title 10, United States Code, and
are--
``(A) eligible for care under section 1710
of title 38, United States Code;
``(B) enrolled in coverage under chapter 55
of title 10, United States Code; or
``(C) enrolled in a qualified health plan
(as defined in section 1301(a) of the Patient
Protection and Affordable Care Act (42 U.S.C.
18021(a))) that is acceptable to the Chief
Operating Officer.''.
(b) Parity of Fees and Deductions.--Section 1514(c) of such
Act (24 U.S.C. 414(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2)(A) The fee shall be fixed as a percentage of the
monthly income and monthly payments (including Federal
payments) received by a resident. The percentage shall be the
same for each facility of the Retirement Home. The Secretary of
Defense may make any adjustment in a percentage that the
Secretary determines appropriate.
``(B) The calculation of monthly income and monthly
payments under subparagraph (A) for a resident eligible under
section 1512(a)(5) shall not be less than the retirement pay
for equivalent active duty service as determined by the Chief
Operating Officer, except as the Chief Operating Officer may
provide because of the compelling personal circumstances of
such resident.''; and
(2) by adding at the end the following new
paragraph:
``(4) The Administrator of each facility of the Retirement
Home may collect a fee upon admission from a resident accepted
under section 1512(a)(5) equal to the deductions then in effect
under section 1007(i)(1) of title 37, United States Code, for
each year of service computed under chapter 1223 of title 10,
United States Code, and shall deposit such fee in the Armed
Forces Retirement Home Trust Fund.''.
(c) Conforming Amendment.--Section 1007(i)(3) of title 37,
United States Code, is amended by striking ``Armed Forces
Retirement Home Board'' and inserting ``Chief Operating Officer
of the Armed Forces Retirement Home''.
SEC. 1413. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME
FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING
ORGANIZATION.
(a) In General.--Section 1518 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read
as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.
``(a) Inspections.--The Chief Operating Officer shall
request the inspection of each facility of the Retirement Home
by a nationally recognized civilian accrediting organization in
accordance with section 1511(g) on a frequency consistent with
the standards of such organization.
``(b) Availability of Staff and Records.--The Chief
Operating Officer and the Administrator of a facility being
inspected under this section shall make all staff, other
personnel, and records of the facility available to the
civilian accrediting organization in a timely manner for
purposes of inspections under this section.
``(c) Reports.--Not later than 60 days after receiving a
report on an inspection from the civilian accrediting
organization under this section, the Chief Operating Officer
shall submit to the Secretary of Defense, the Senior Medical
Advisor, and the Advisory Council a report containing--
``(1) the results of the inspection; and
``(2) a plan to address any recommendations and
other matters set forth in the report.''.
(b) Conforming Amendments.--The Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 401 et seq.) is further amended as
follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)),
by striking ``(including requirements identified in
applicable reports of the Inspector General of the
Department of Defense)''.
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))--
(A) by striking ``shall--'' and all that
follows through ``provide for'' and inserting
``shall provide for'';
(B) by striking ``; and'' and inserting a
period; and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by
striking ``the Inspector General of the Department of
Defense,''.
(c) Clerical Amendment.--The table of contents set forth in
section 1501(b) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 401 note) is amended by striking the item related to
section 1518 and inserting the following:
``Sec. 1518. Periodic inspection of Retirement Home facilities.''.
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A.
LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available for
the Defense Health Program for operation and maintenance,
$137,000,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571).
For purposes of subsection (a)(2) of such section 1704, any
funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2021 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the Department of Defense for overseas
contingency operations in such amounts as may be designated as
provided in section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(ii)).
SEC. 1503. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force and the Space Force, and
Defense-wide activities, as specified in the funding table in
section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4302.
SEC. 1506. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, military personnel accounts, as
specified in the funding table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this title for fiscal year 2021 between any
such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations
that the Secretary may transfer under the authority of
this subsection may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2021 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of
the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2577) (as amended by subsection (b)).
(b) Extension of Prior Notice and Reporting Requirements.--
Section 1521(d)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) is
amended by striking ``through January 31, 2021'' and inserting
``through January 31, 2023''.
(c) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to
paragraph (2), the Secretary of Defense may accept
equipment that is procured using amounts authorized to
be appropriated for the Afghanistan Security Forces
Fund by this Act and is intended for transfer to the
security forces of the Ministry of Defense and the
Ministry of Interior Affairs of the Government of
Afghanistan, but is not accepted by such security
forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided
under paragraph (1), the Commander of United States
forces in Afghanistan shall make a determination that
such equipment was procured for the purpose of meeting
requirements of the security forces of the Ministry of
Defense and the Ministry of Interior Affairs of the
Government of Afghanistan, as agreed to by both the
Government of Afghanistan and the U.S. Government, but
is no longer required by such security forces or was
damaged before transfer to such security forces.
(3) Elements of determination.--In making a
determination under paragraph (2) regarding equipment,
the Commander of United States forces in Afghanistan
shall consider alternatives to the acceptance of such
equipment by the Secretary. An explanation of each
determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required
under paragraph (5).
(4) Treatment as department of defense stocks.--
Equipment accepted under the authority provided under
paragraph (1) may be treated as stocks of the
Department of Defense upon notification to the
congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days
after the date of the enactment of this Act and
every 90 days thereafter during the period in
which the authority provided under paragraph
(1) is exercised, the Secretary shall submit to
the congressional defense committees a report
describing the equipment accepted during the
period covered by such report under the
following:
(i) This subsection.
(ii) Section 1521(b) of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2575).
(iii) Section 1531(b) of the
National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1088).
(iv) Section 1532(b) of the Carl
Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3613).
(v) Section 1531(d) of the National
Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat.
938; 10 U.S.C. 2302 note).
(B) Elements.--Each report under
subparagraph (A) shall include, with respect to
the 90-day period for which the report is
submitted--
(i) a list of any equipment
accepted during such period and treated
as stocks of the Department of Defense;
and
(ii) copies of any determinations
made under paragraph (2) during such
period, as required under paragraph
(3).
(d) Security of Afghan Women.--
(1) In general.--Of the funds available to the
Department of Defense for the Afghanistan Security
Forces Fund for fiscal year 2021, it is the goal that
$29,100,000, but in no event less than $10,000,000,
shall be used for programs and activities for--
(A) the recruitment, integration,
retention, training, and treatment of women in
the Afghan National Defense and Security
Forces; and
(B) the recruitment, training, and
contracting of female security personnel for
future elections.
(2) Types of programs and activities.--Such
programs and activities may include--
(A) efforts to recruit and retain women
into the Afghan National Defense and Security
Forces, including the special operations
forces;
(B) programs and activities of the
Directorate of Human Rights and Gender
Integration of the Ministry of Defense and the
Office of Human Rights, Gender, and Child
Rights of the Ministry of Interior Affairs of
the Government of Afghanistan;
(C) development and dissemination of gender
and human rights educational and training
materials and programs within the Ministry of
Defense and the Ministry of Interior Affairs of
the Government of Afghanistan;
(D) efforts to address harassment and
violence against women within the Afghan
National Defense and Security Forces;
(E) improvements to infrastructure that
address the requirements of women serving in
the Afghan National Defense and Security
Forces, including appropriate equipment for
female security and police forces, remediation,
renovation, and protection of facilities used
by women, and transportation for policewomen to
their station;
(F) support for Afghanistan National Police
Family Response Units;
(G) security provisions for high-profile
female police and military officers;
(H) programs to promote conflict
prevention, management, and resolution through
the meaningful participation of Afghan women in
the Afghan National Defense and Security
Forces, by exposing Afghan women and girls to
the activities of and careers available with
such forces, encouraging their interest in such
careers, or developing their interest and
skills necessary for service in such forces;
and
(I) enhancements to Afghan National Defense
and Security Forces recruitment programs for
targeted advertising with the goal of
increasing the number of female recruits.
(e) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than March 1,
2021, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committee
on Armed Services and the Committee on Foreign Affairs
of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations
of the Senate an assessment describing--
(A) the progress of the Government of
Afghanistan toward meeting shared security
objectives, including specific milestones
achieved since the date on which the assessment
required under section 1520(d)(1) of the
National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1716)
was submitted; and
(B) the efforts of the Government of
Afghanistan to manage, employ, and sustain the
equipment and inventory provided under
subsection (a).
(2) Matters to be included.--The assessment
required under paragraph (1) shall include each of the
following:
(A) The progress made by the Government of
Afghanistan toward increased accountability and
the reduction of corruption within the Ministry
of Defense and the Ministry of Interior Affairs
of such Government.
(B) The extent to which the capability and
capacity of the Afghan National Defense and
Security Forces have improved as a result of
Afghanistan Security Forces Fund investment,
including through training, and an articulation
of the metrics used to assess such
improvements.
(C) The extent to which the Afghan National
Defense and Security Forces have been
successful in--
(i) defending territory, re-taking
territory, and disrupting attacks;
(ii) reducing the use of Aghan
National Defense and Security Forces
checkpoints; and
(iii) curtailing the use of Afghan
Special Security Forces for missions
that are better suited to general
purpose forces.
(D) The distribution practices of the
Afghan National Defense and Security Forces and
whether the Government of Afghanistan has
ensured that supplies, equipment, and weaponry
supplied by the United States are appropriately
distributed to, and employed by, security
forces.
(E) The extent to which the Government of
Afghanistan has designated the appropriate
staff, prioritized the development of relevant
processes, and provided or requested the
allocation of resources necessary to support a
peace and reconciliation process in
Afghanistan.
(F) A description of the ability of the
Ministry of Defense and the Ministry of
Interior Affairs of the Government of
Afghanistan to manage and account for
previously divested equipment, including a
description of any vulnerabilities or
weaknesses of the internal controls of such
Ministries and any plan in place to address
shortfalls.
(G) A description of any significant
irregularities in the divestment of equipment
to the Afghan National Defense and Security
Forces during the period beginning on May 1,
2020, and ending on March 1, 2021, including
any major losses of such equipment or any
inability on the part of the Afghan National
Defense and Security Forces to account for
equipment procured during such period.
(H) A description of the sustainment and
maintenance costs required during the five-year
period beginning on the date of the enactment
of this Act, for major weapons platforms
previously divested, and a description of the
plan for the Afghan National Defense and
Security Forces to maintain such platforms in
the future.
(I) The extent to which the Government of
Afghanistan has adhered to conditions for
receiving assistance established in annual
financial commitment letters or any other
bilateral agreements with the United States.
(J) The extent to which the Government of
Afghanistan or the Secretary of Defense has
developed a plan to integrate former Taliban
fighters into the Ministry of Defense or the
Ministry of Interior Affairs of the Government
of Afghanistan.
(K) Such other factors as the Secretaries
consider appropriate.
(3) Form.--The assessment required under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(4) Withholding of assistance for insufficient
progress.--
(A) Certification.--Not later than December
31, 2020, the Secretary of Defense, in
coordination with the Secretary of State and
pursuant to the assessment required under
paragraph (1), shall submit to the
congressional defense committees a
certification indicating whether the Government
of the Islamic Republic of Afghanistan has made
sufficient progress in the areas described in
paragraph (2).
(B) Withholding of funds.--If the Secretary
of Defense is unable to certify under
subparagraph (A) that the Government of
Afghanistan has made sufficient progress in the
areas described in paragraph (2), the Secretary
of Defense shall--
(i) withhold from expenditure and
obligation an amount that is not less
than 5 percent and not more than 15
percent of the amounts made available
for assistance for the Afghan National
Defense and Security Forces for fiscal
year 2021 until the date on which the
Secretary is able to so certify; and
(ii) notify the congressional
defense committees not later than 30
days before withholding such funds and
indicate each specific area of
insufficient progress.
(C) Waiver.--If the Secretary of Defense
determines that withholding assistance under
this paragraph would impede the national
security objectives of the United States by
prohibiting, restricting, delaying, or
otherwise limiting the provision of assistance
to the Afghan National Defense and Security
Forces for fiscal year 2021, the Secretary may
waive the withholding requirement under
subparagraph (B) if the Secretary, in
coordination with the Secretary of State,
certifies such determination to the
congressional defense committees not later than
30 days before the effective date of the
waiver.
(f) Additional Reporting Requirements.--The Secretary of
Defense shall include in the materials submitted in support of
the budget for fiscal year 2022 that is submitted by the
President under section 1105(a) of title 31, United States
Code, each of the following:
(1) The amount of funding provided in fiscal year
2020 through the Afghanistan Security Forces Fund to
the Government of Afghanistan in the form of direct
government-to-government assistance or on-budget
assistance for the purposes of supporting any entity of
the Government of Afghanistan, including the Afghan
National Defense and Security Forces, the Ministry of
Defense, or the Ministry of Interior Affairs of such
Government.
(2) The amount of funding provided and anticipated
to be provided, as of the date of the submission of the
materials, in fiscal year 2021 through such Fund in
such form.
(3) If the amount described in paragraph (2)
exceeds the amount described in paragraph (1)--
(A) an explanation as to why the amount
described in paragraph (2) is greater; and
(B) a detailed description of the specific
entities and purposes that were supported by
such increase.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency
for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1605. Clarification of authority for procurement of commercial
satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security
capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information
facilities.
Subtitle C--Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to such
updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain
foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department
of Defense.
Sec. 1642. Extension of prohibition relating to missile defense
information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs
to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered
homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1650. Report on defense of Guam from integrated air and missile
threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
Sec. 1661. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission
Order 20-48.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
Subtitle A--Space Activities
SEC. 1601. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND
TRANSFER TO SPACE FORCE.
(a) In General.--Chapter 908 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9084. Space Development Agency
``(a) In General.--(1) There is a Space Development Agency
of the Department of Defense (in this section referred to as
the `Agency'). The Director of the Space Development Agency
shall be the head of the Agency.
``(2) Effective on October 1, 2022--
``(A) the Agency shall be an element of the Space
Force; and
``(B) the Director shall report--
``(i) pursuant to section
9016(b)(6)(B)(iv)(III) of this title, to the
Assistant Secretary of the Air Force for Space
Acquisition and Integration with respect to
acquisition decisions; and
``(ii) directly to the Chief of Space
Operations with respect to requirements
decisions, personnel decisions, and any other
matter not covered by clause (i).
``(b) Development and Integration Authorities.--The
Director shall lead--
``(1) the development and demonstration of a
resilient military space-based sensing, tracking, and
data transport architecture that uses proliferated low-
Earth orbit systems and services;
``(2) the integration of next-generation space
capabilities, such as novel sensors (including with
respect to alternate navigation, and autonomous battle
management features), and sensor and tracking
components (including a hypersonic and ballistic
missile tracking space sensor payload pursuant to
section 1645 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021), into the architecture specified in paragraph (1)
to address the requirements and needs of the armed
forces and combatant commands for such capabilities;
``(3) the procurement of commercial capabilities
and services, including--
``(A) options for integrating payloads on
commercial buses and spacecraft into existing
commercial architectures; and
``(B) innovative commercial capabilities
and services, such as on-orbit servicing or in-
space transportation systems, that could extend
the life of space systems, rapidly respond to
threats, or contribute to resilience; and
``(4) the rapid introduction, acquisition, and
iteration of cost-effective, resilient solutions that
leverage planned and existing commercial low-Earth
orbit capabilities or innovative capabilities.
``(c) Budget Materials and Program Elements.--Beginning not
later than with respect to fiscal year 2023 and each fiscal
year thereafter--
``(1) in the budget justification materials
submitted to Congress in support of the Department of
Defense budget for a fiscal year (as submitted with the
budget of the President under section 1105(a) of title
31), the amount requested for the activities of the
Agency shall be separate from the other activities of
the Space Force; and
``(2) the Secretary of Defense shall ensure that
the programs of the Agency are assigned program
elements different from other program elements of the
Space Force.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 9083 the following new item:
``9084. Space Development Agency.''.
(c) Conforming Amendment.--Section 9016(b)(6)(B)(iv)(III)
of such title is amended by inserting before the period at the
end the following: ``with respect to acquisition decisions''.
(d) Transition.--
(1) Transfer.--Effective on October 1, 2022, the
Secretary of Defense shall transfer the Space
Development Agency from the Office of the Secretary of
Defense to the Space Force.
(2) Funding, duties, responsibilities, and
personnel.--Except as provided by section 9084 of title
10, United States Code, the transfer under paragraph
(1) of the Space Development Agency from the Office of
the Secretary of Defense to the Space Force shall
include the transfer of the funding, duties,
responsibilities, and personnel of the Agency as of the
day before the date of the transfer.
SEC. 1602. PERSONNEL MANAGEMENT AUTHORITY FOR SPACE DEVELOPMENT AGENCY
FOR EXPERTS IN SCIENCE AND ENGINEERING.
(a) Program Authorized for Space Development Agency.--
Section 1599h(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7) SDA.--The Director of the Space Development
Agency may carry out a program of personnel management
authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for research and development projects and
to enhance the administration and management of the
Agency. The authority to carry out the program under
this paragraph shall terminate on December 31, 2025.''.
(b) Personnel Management Authority.--Section 1599h(b)(1) of
such title is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by inserting ``and'' after the semicolon at the
end of subparagraph (F); and
(3) by adding at the end the following new
subparagraph:
``(G) in the case of the Space Development
Agency, appoint individuals to a total of not
more than 10 positions in the Agency, of which
not more than 3 such positions may be positions
of administration or management of the
Agency;''.
SEC. 1603. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Section 2534(a) of title 10, United States
Code, as amended by section 845, is further amended by adding
at the end the following new paragraph:
``(5) Star tracker.--A star tracker used in a
satellite weighing more than 400 pounds whose principle
purpose is to support the national security, defense,
or intelligence needs of the United States
Government.''.
(b) Certain Exemption.--Paragraph (5) of section 2534(a) of
title 10, United States Code, as added by subsection (a) of
this section, shall not apply with respect to programs that
have received Milestone A approval (as defined in section 2431a
of such title) before October 1, 2021.
(c) Clarification of Delegation Authority.--Subject to
subsection (i) of section 2534 of title 10, United States Code,
the Secretary of Defense may delegate to a service acquisition
executive the authority to make a waiver under subsection (d)
of such section with respect to the limitation under subsection
(a)(5) of such section, as added by subsection (a) of this
section.
SEC. 1604. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE
COMMAND.
(a) Certifications Regarding Integrated Tactical Warning
and Attack Assessment Mission of the Air Force.--Section
1666(a) of National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 113 Stat. 2617) is amended by
striking ``Strategic Command'' and inserting ``Space Command''.
(b) Council on Oversight of the Department of Defense
Positioning, Navigation, and Timing Enterprise.--Section 2279b
of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (7), (8),
(9), and (10) as paragraphs (8), (9), (10), and
(11), respectively; and
(B) by inserting after paragraph (6) the
following new paragraph (7):
``(7) The Commander of the United States Space
Command.''; and
(2) in subsection (f), by striking ``Strategic
Command'' each place it appears and inserting ``Space
Command''.
(c) Joint Interagency Combined Space Operations Center.--
Section 605(e) of the Intelligence Authorization Act for Fiscal
Year 2017 (Public Law 115-31; 131 Stat. 832; 10 U.S.C. 2271
note) is amended--
(1) in the subsection heading, by striking ``Joint
Interagency Combined Space Operations Center'' and
inserting ``National Space Defense Center'';
(2) by striking ``Strategic Command'' each place it
appears and inserting ``Space Command''; and
(3) by striking ``Joint Interagency Combined Space
Operations Center'' each place it appears and inserting
``National Space Defense Center''.
(d) National Security Space Satellite Reporting Policy.--
Section 2278(a) of title 10, United States Code, is amended by
striking ``Strategic Command'' and inserting ``Space Command''.
(e) Space-based Infrared System and Advanced Extremely High
Frequency Program.--Section 1612(a)(1) of the National Defense
Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2590)
is amended by striking ``Strategic Command'' and inserting
``Space Command''.
SEC. 1605. CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF COMMERCIAL
SATELLITE COMMUNICATIONS SERVICES.
Section 957(c) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note)
is amended by adding at the end the following new paragraph:
``(4) Commercial satellite communications
services.--
``(A) Authority.--Beginning on the date
specified in subparagraph (B), the Service
Acquisition Executive for Space Systems and
Programs shall be responsible for the
procurement of commercial satellite
communications services for the Department of
Defense.
``(B) Date specified.--The date specified
in this subparagraph is the date that is 120
days after the date on which the Service
Acquisition Executive for Space Systems and
Programs submits to the congressional defense
committees a plan for delegating the authority
under subparagraph (A) to a subordinate
acquisition command within the Space Force.
``(C) Responsibility during interim
period.--During the period preceding the date
specified in subparagraph (B), the Chief of
Space Operations shall be responsible for the
procurement of commercial satellite
communications services for the Department of
Defense.''.
SEC. 1606. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Launch Services Agreement.--
(1) Limitation on amounts.--Except as provided by
paragraph (2), in carrying out the phase two
acquisition strategy, the Secretary of the Air Force
may not obligate or expend a total amount for a launch
services agreement that is greater than the amount
specifically appropriated for the launch services
agreement.
(2) Use of reprogramming and transfer authority.--
The Secretary may exceed the limitation under paragraph
(1) if the Secretary carries out a reprogramming or
transfer for such purpose in accordance with
established procedures for reprogrammings or transfers,
including with respect to presenting a request for a
reprogramming of funds.
(b) Reusability.--
(1) Validation.--Not later than 18 months after the
date on which the Secretary determines the down-
selected National Security Space Launch providers, the
Secretary shall--
(A) complete all non-recurring design
validation of previously flown launch hardware
for National Security Space Launch providers
offering such hardware for use in phase two
contracts; and
(B) notify the appropriate congressional
committees that such design validation has been
completed.
(2) Report.--Not later than 210 days after the date
on which the Secretary determines the down-selected
National Security Space Launch providers, the Secretary
shall submit to the appropriate congressional
committees a report on the progress of the Secretary
with respect to completing all non-recurring design
validation of previously flown launch hardware
described in paragraph (1), including--
(A) a justification for any deviation from
the new entrant certification guide; and
(B) a description of such progress with
respect to National Security Space Launch
providers that are not down-selected National
Security Space Launch providers, if applicable.
(c) Funding and Strategy for Technology Development for
Certification, Infrastructure, and Innovation.--
(1) Authority.--Pursuant to section 2371b of title
10, United States Code, not later than September 30,
2021, the Secretary of the Air Force shall enter into
agreements described in paragraph (3) with potential
phase three National Security Space Launch providers--
(A) to maintain competition in order to
maximize the likelihood of at least three
National Security Space Launch providers
competing for phase three contracts; and
(B) to support innovation for national
security launches, including innovative
technologies and systems to further advance
launch capability associated with the insertion
of national security payloads into relevant
classes of orbits.
(2) Competitive procedures.--The Secretary shall
carry out paragraph (1) by conducting a full and open
competition among all National Security Space Launch
providers that plan to submit bids for a phase three
contract.
(3) Agreements.--An agreement described in this
paragraph is an agreement that could provide value or
technical advances to phase three of the National
Security Space Launch program and that includes not
more than $90,000,000 in fiscal year 2021, subject to
the availability of appropriations for such purpose,
for the provider to conduct either or both of the
following activities:
(A) Develop enabling technologies to meet
the certification and infrastructure
requirements that are--
(i) unique to national security
space missions; and
(ii) support the likely
requirements of a phase three contract.
(B) Develop transformational technologies
in support of the national security space
launch capability for phase three contracts
(such as technologies regarding launch,
maneuver, and transport capabilities for
enhanced resiliency and security technologies,
technologies to support progress toward phase
three national security space launches, or
technologies to inform the National Security
Launch Architecture study of the Space Force).
(4) Technology development investment strategy.--
Not later than March 15, 2021, the Secretary shall
submit to the appropriate congressional committees a
strategy to support investments in technologies for
phase three pursuant to paragraph (1) that includes--
(A) the funding requirements for such
strategy during fiscal years 2022 through 2026;
(B) a schedule for investments toward phase
three;
(C) associated milestones; and
(D) a planned schedule for awarding phase
three contracts.
(5) Report.--Not later than 30 days after the date
on which the Secretary enters into an agreement under
paragraph (1), the Secretary shall submit to the
appropriate congressional committees a report
explaining which enabling technologies are funded under
such agreement.
(d) Briefing.--Not later than March 15, 2021, and quarterly
thereafter through September 30, 2023, the Secretary shall
provide to the congressional defense committees a briefing on
the progress made by the Secretary in ensuring that full and
open competition exists for phase three contracts, including--
(1) a description of progress made to establish the
requirements for phase three contracts, including such
requirements that the Secretary determines cannot be
met by the commercial market;
(2) whether the Secretary determines that
additional development funding will be necessary for
such phase;
(3) a description of the estimated costs for the
development described in subparagraphs (A) and (B) of
subsection (c)(3); and
(4) how the Secretary will--
(A) ensure full and open competition for
technology development for phase three
contracts; and
(B) maintain competition.
(e) Rule of Construction.--Nothing in this section may be
construed to delay the award of phase two contracts.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(2) The term ``down-selected National Security
Space Launch provider'' means a National Security Space
Launch provider that the Secretary of the Air Force
selected to be awarded phase two contracts.
(3) The term ``phase three contract'' means a
contract awarded using competitive procedures for
launch services under the National Security Space
Launch program after fiscal year 2024.
(4) The term ``phase two acquisition strategy''
means the process by which the Secretary of the Air
Force enters into phase two contracts during fiscal
year 2020, orders launch missions during fiscal years
2020 through 2024, and carries out such launches under
the National Security Space Launch program.
(5) The term ``phase two contract'' means a
contract awarded during fiscal year 2020 using
competitive procedures for launch missions ordered
under the National Security Space Launch program during
fiscal years 2020 through 2024.
SEC. 1607. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES.
(a) Procurement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
procure commercial space domain awareness services by awarding
at least two contracts for such services.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021
for the Office of the Secretary of the Air Force, not more than
75 percent may be obligated or expended until the date on which
the Secretary of Defense, without delegation, certifies to the
congressional committees that the Secretary of the Air Force
has awarded the contracts under subsection (a).
(c) Report.--Not later than January 31, 2021, the Chief of
Space Operations, in coordination with the Secretary of the Air
Force, shall submit to the congressional defense committees a
report detailing the commercial space domain awareness
services, data, and analytics of objects in low-Earth orbit
that have been purchased during the two-year period preceding
the date of the report. The report shall be submitted in
unclassified form.
(d) Commercial Space Domain Awareness Services Defined.--In
this section, the term ``commercial space domain awareness
services'' means space domain awareness data, processing
software, and analytics derived from best-in-breed commercial
capabilities to address warfighter requirements in low-Earth
orbit and fill gaps in current space domain capabilities of the
Space Force, including commercial capabilities to--
(1) provide conjunction and maneuver alerts;
(2) monitor breakup and launch events; and
(3) detect and track objects smaller than 10
centimeters in size.
SEC. 1608. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS.
(a) In General.--The Secretary of Defense shall establish a
small launch and satellite policy to ensure responsive and
reliable access to space through the processing and launch of
Department of Defense small-class payloads.
(b) Policy.--The policy under subsection (a) shall include,
at a minimum, providing resources and policy guidance to
sustain--
(1) the availability of small-class payload launch
service providers using launch vehicles capable of
delivering into space small payloads designated by the
Secretary of Defense as a national security payload;
(2) a robust small-class payload space launch
infrastructure and industrial base, including small
launch systems and small satellite rideshare
opportunities;
(3) the availability of rapid, responsive, and
reliable space launches for national security space
programs to--
(A) improve the responsiveness and
flexibility of a national security space
system;
(B) lower the costs of launching a national
security space system; and
(C) maintain risks to mission success at
acceptable levels;
(4) a minimum number of dedicated launches each
year; and
(5) full and open competition, including small
launch providers and rideshare opportunities.
SEC. 1609. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.
The Secretary of the Air Force shall implement a tactically
responsive space launch program--
(1) to provide long-term continuity for tactically
responsive space launch operations across the future-
years defense program submitted to Congress under
section 221 of title 10, United States Code;
(2) to accelerate the development of--
(A) responsive launch concepts of
operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically
responsive space launch, including--
(A) mission assurance processes; and
(B) command and control, tracking,
telemetry, and communications; and
(4) to identify basing capabilities necessary to
enable tactically responsive space launch, including
mobile launch range infrastructure.
SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM
FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM
RECEIVER DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Office of
the Secretary of the Air Force, not more than 80 percent may be
obligated or expended until the date on which the Secretary of
Defense--
(1) certifies to the congressional defense
committees that the Secretary of the Air Force is
carrying out the program required under section 1607 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1724); and
(2) provides to the Committees on Armed Services of
the House of Representatives and the Senate a briefing
on how the Secretary is implementing such program,
including with respect to addressing each element
specified in subsection (b) of such section.
SEC. 1611. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES.
(a) In General.--Not later than two years after the date of
the enactment of this Act, consistent with the timescale
applicable to joint urgent operational needs statements, the
Secretary of Defense shall--
(1) prioritize and rank order the mission elements,
platforms, and weapons systems most critical for the
operational plans of the combatant commands;
(2) mature, test, and produce for such prioritized
mission elements sufficient equipment--
(A) to generate resilient and survivable
alternative positioning, navigation, and timing
signals; and
(B) to process resilient survivable data
provided by signals of opportunity and on-board
sensor systems; and
(3) integrate and deploy such equipment into the
prioritized operational systems, platforms, and weapons
systems.
(b) Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a plan
to commence carrying out subsection (a) in fiscal year
2021.
(2) Reprogramming and budget proposals.--The plan
submitted under paragraph (1) may include any
reprogramming or supplemental budget request the
Secretary considers necessary to carry out subsection
(a).
(c) Coordination.--In carrying out this section, the
Secretary shall consult with the National Security Council, the
Secretary of Homeland Security, the Secretary of
Transportation, and the head of any other relevant Federal
department or agency to enable civilian and commercial adoption
of technologies and capabilities for resilient and survivable
alternative positioning, navigation, and timing capabilities to
complement the global positioning system.
SEC. 1612. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) In General.--In acquiring geospatial intelligence, the
Secretary of Defense and the Director of National Intelligence,
in coordination with the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency, shall leverage, to the extent
practicable, the capabilities of the industry of the United
States, including through the use of domestic commercial
geospatial-intelligence services and acquisition of domestic
commercial satellite imagery.
(b) Obtaining Future Geospatial-intelligence Data.--The
Director of the National Reconnaissance Office, as part of an
analysis of alternatives for the future acquisition of space
systems, and the Director of the National Geospatial-
Intelligence Agency, as part of an analysis of alternatives for
the future acquisition of analysis tools for geospatial
intelligence, shall each--
(1) consider whether there is a cost-effective
domestic commercial capability or service available
that can meet any or all of the geospatial-intelligence
requirements of the Department of Defense, the
intelligence community, or both;
(2) if a cost-effective domestic commercial
capability or service is available as described in
paragraph (1)--
(A) give preference to using such domestic
commercial capability or service to meet
requirements; and
(B) determine--
(i) whether it is in the national
interest to develop a governmental
space system or service for geospatial
intelligence;
(ii) whether such a governmental
space system or service would be
duplicative to such a domestic
commercial capability or service; and
(iii) the costs for developing such
a governmental space system or service;
and
(3) include, as part of the established acquisition
reporting requirements to the appropriate congressional
committees, any determination made under paragraphs (1)
and (2).
(c) Definitions.--In this section:
(1) The term ``acquisition of commercial satellite
imagery'' means the acquisition of satellite imagery
derived from electro-optical, infrared, synthetic
aperture radar, hyperspectral, and radio frequency,
data.
(2) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of
the Senate; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives.
(3) The term ``commercial geospatial-intelligence
services'' means services including analytic tools,
products, or data that can describe, assess, and
visually depict natural or manmade features, objects,
or activities that can be geographically referenced on
the Earth, regardless of collection phenomenology.
(4) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1613. STRATEGY TO STRENGTHEN CIVIL AND NATIONAL SECURITY
CAPABILITIES AND OPERATIONS IN SPACE.
(a) Strategy Required.--Not later than 270 days after the
date of the enactment of this Act, the President, in
consultation with the National Space Council, shall develop a
strategy to ensure that the United States, as appropriate,
strengthens civil and national security capabilities and
operations in space. Such strategy shall include--
(1) a 10-year roadmap for the civil space and
programs that is able to leverage commercial gains in
space capabilities;
(2) increasing partnerships with allies of the
United States;
(3) ensuring a robust and secure supply chain and
manufacturing processes for space capabilities while
sustaining a skilled workforce and leadership
capabilities in support of such activities;
(4) ensuring freedom of navigation of space from
potential adversaries; and
(5) enhancing resilience of civil and national
security space operations.
(b) Submission of Strategy and Plan.--Not later than one
year after the date of the enactment of this Act, the Chair of
the National Space Council, in consultation with relevant
departments and agencies of the Federal Government, shall
submit to the appropriate congressional committees a report
setting forth--
(1) the strategy under subsection (a); and
(2) a plan to implement such strategy.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Science, Space, and Technology
of the House of Representatives;
(3) the Committee on Foreign Affairs of the House
of Representatives;
(4) the Committee on Energy and Commerce of the
House of Representatives;
(5) the Permanent Select Committee on Intelligence
of the House of Representatives;
(6) the Committee on Armed Services of the Senate;
(7) the Committee on Foreign Relations of the
Senate;
(8) the Committee on Commerce, Science, and
Transportation of the Senate; and
(9) the Select Committee on Intelligence of the
Senate.
SEC. 1614. REPORT AND STRATEGY ON SPACE COMPETITION WITH CHINA.
(a) Report.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the National Space
Council shall submit to the appropriate congressional
committees an interagency assessment of the ability of
the United States to compete with the space programs of
China.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) A comparative assessment between the
United States and China on--
(i) human exploration and
spaceflight capabilities;
(ii) the viability and potential
environmental impacts of extraction of
space-based precious minerals, onsite
exploitation of space-based natural
resources, and the use of space-based
solar power;
(iii) the strategic interest in and
capabilities for cislunar space; and
(iv) current and future space
launch capabilities.
(B) The extent of foreign investment in the
commercial space sector of the United States,
including venture capital and other private
equity investments that seek to work with the
Federal Government, and a description of due
diligence reviews of such investments conducted
by the Federal Government to mitigate threats
by China.
(C) An assessment of the ability, role,
costs, and authorities of the Department of
Defense to mitigate the threats of commercial
communications and navigation in space from the
growing counterspace capabilities of China.
(D) An assessment of how the activities of
China are impacting the national security of
the United States with respect to space,
including--
(i) theft of United States
intellectual property; and
(ii) efforts by China to seize
control of critical elements of the
United States space industry supply
chain and United States space industry
companies.
(E) An assessment of efforts by China to
pursue cooperative agreements with other
nations to advance space development.
(F) Recommendations to Congress, including
recommendations with respect to any legislative
proposals to address threats by China to the
United States national space programs and the
domestic commercial launch and satellite
industries.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(b) Strategy.--
(1) In general.--Not later than one year after the
date on which the National Space Council submits the
report under subsection (a), the President, in
consultation with the National Space Council, shall
develop and submit to the appropriate congressional
committees a strategy to ensure the United States can--
(A) compete with other national space
programs;
(B) maintain leadership in the emerging
commercial space economy;
(C) identify market, regulatory, and other
means to address unfair competition from China
based on the findings of the report under
subsection (a);
(D) leverage commercial space capabilities
to ensure the national security of the United
States and the security of the interests of the
United States in space;
(E) protect the supply chains and
manufacturing of the United States critical to
competitiveness in space; and
(F) coordinate with international allies
and partners in space.
(2) Form.--The strategy required under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Science,
Space, and Technology of the House of Representatives.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Mission of National Geospatial-Intelligence Agency.--
Section 442 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``means of navigating
vessels of the Navy and the merchant marine''
and inserting ``the means for safe
navigation''; and
(B) by striking ``and inexpensive nautical
charts'' and all that follows and inserting
``geospatial information for use by the
departments and agencies of the United States,
the merchant marine, and navigators
generally.'';
(2) in subsection (c)--
(A) by striking ``shall prepare and'' and
inserting ``shall acquire, prepare, and'';
(B) by striking ``charts'' and inserting
``safe-for-navigation charts and datasets'';
and
(C) by striking ``geodetic'' and inserting
``geomatics''; and
(3) by adding at the end the following new
subsection:
``(f) Validation.--The National Geospatial-Intelligence
Agency shall assist the Joint Chiefs of Staff, combatant
commands, and the military departments in establishing,
coordinating, consolidating, and validating mapping, charting,
geomatics data, and safety of navigation capability
requirements through a formal process governed by the Joint
Staff. Consistent with validated requirements, the National
Geospatial-Intelligence Agency shall provide aeronautical and
nautical charts that are safe for navigation, maps, books,
datasets, models, and geomatics products.''.
(b) Maps, Charts, and Books.--
(1) In general.--Section 451 of title 10, United
States Code, is amended--
(A) in the heading, by striking ``and
books'' and inserting ``books, and datasets'';
(B) in paragraph (1), by striking ``maps,
charts, and nautical books'' and inserting
``nautical and aeronautical charts, topographic
and geomatics maps, books, models, and
datasets''; and
(C) by amending paragraph (2) to read as
follows:
``(2) acquire (by purchase, lease, license, or
barter) all necessary rights, including copyrights and
other intellectual property rights, required to
prepare, publish, and furnish to navigators the
products described in paragraph (1).''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter II of chapter 22 of title
10, United States Code, is amended by striking the item
relating to section 451 and inserting the following new
item:
``451. Maps, charts, books, and datasets.''.
(c) Exchange.--
(1) In general.--Section 454 of title 10, United
States Code, is amended--
(A) in the heading, by striking
``geodetic'' and inserting ``geomatics''; and
(B) by striking ``geodetic'' and inserting
``geomatics'' each place it appears.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter II of chapter 22 of title
10, United States Code, is amended by striking the item
relating to section 454 and inserting the following new
item:
``454. Exchange of mapping, charting, and geomatics data with foreign
countries, international organizations, nongovernmental
organizations, and academic institutions.''.
(d) Public Availability.--
(1) In general.--Section 455 of title 10, United
States Code, is amended--
(A) in the heading, by striking
``geodetic'' and inserting ``geomatics''; and
(B) by striking ``geodetic'' and inserting
``geomatics'' each place it appears.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter II of chapter 22 of title
10, United States Code, is amended by striking the item
relating to section 455 and inserting the following new
item:
``455. Maps, charts, and geomatics data: public availability;
exceptions.''.
(e) Civil Actions Barred.--Section 456 of title 10, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``No civil action may be brought against the United States
on the basis of the content of geospatial information prepared
or disseminated by the National Geospatial-Intelligence
Agency.''.
(f) Definitions.--Section 467 of title 10, United States
Code, is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph
(A), by inserting ``or about'' after
``boundaries on'';
(B) in subparagraph (A), by striking
``statistical''; and
(C) in subparagraph (B)--
(i) by striking ``geodetic'' and
inserting ``geomatics''; and
(ii) by inserting ``and services''
after ``products''; and
(2) in paragraph (5), by inserting ``or about''
after ``activities on''.
(g) Conforming Amendments.--
(1) In general.--The heading of subchapter II of
chapter 22 of title 10, United States Code, is amended
by striking ``GEODETIC'' and inserting ``GEOMATICS''.
(2) Clerical amendment.--The table of subchapters
at the beginning of chapter 22 of title 10, United
States Code, is amended in the matter relating to
subchapter II by striking ``Geodetic'' and inserting
``Geomatics''.
SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.--The Director of National Intelligence, in
coordination with the Under Secretary of Defense for
Intelligence and Security, shall enter into a joint agreement
with the Academies to create a new ``National Academies Climate
Security Roundtable'' (in this section referred to as the
``roundtable'').
(b) Participants.--The roundtable shall include--
(1) the members of the Climate Security Advisory
Council established under section 120 of the National
Security Act of 1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from
Federal science agencies, elements of the intelligence
community, and the Department of Defense, who are not
members of the Council; and
(3) key stakeholders in the United States
scientific enterprise, including institutions of higher
education, Federal research laboratories (including the
national security laboratories), industry, and
nonprofit research organizations.
(c) Purpose.--The purpose of the roundtable is--
(1) to support the duties and responsibilities of
the Climate Security Advisory Council under section
120(c) of the National Security Act of 1947 (50 U.S.C.
3060(c));
(2) to develop best practices for the exchange of
data, knowledge, and expertise among elements of the
intelligence community, elements of the Federal
Government that are not elements of the intelligence
community, and non-Federal researchers;
(3) to facilitate dialogue and collaboration about
relevant collection and analytic priorities among
participants of the roundtable with respect to climate
security;
(4) to identify relevant gaps in the exchange of
data, knowledge, or expertise among participants of the
roundtable with respect to climate security, and
consider viable solutions to address such gaps; and
(5) to provide any other assistance, resources, or
capabilities that the Director of National Intelligence
or the Under Secretary determines necessary with
respect to the Council carrying out the duties and
responsibilities of the Council under such section
120(c).
(d) Meetings.--The roundtable shall meet at least
quarterly, in coordination with the meetings of the Climate
Security Advisory Council under section 120(c)(1) of the
National Security Act of 1947 (50 U.S.C. 3060(c)(1)).
(e) Reports and Briefings.--The joint agreement under
subsection (a) shall specify that--
(1) the roundtable shall organize workshops, on at
least a biannual basis, that include both participants
of the roundtable and persons who are not participants,
and may be conducted in classified or unclassified form
in accordance with subsection (f);
(2) on a regular basis, the roundtable shall
produce classified and unclassified reports on the
topics described in subsection (c) and the activities
of the roundtable, and other documents in support of
the duties and responsibilities of the Climate Security
Advisory Council under section 120(c) of the National
Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by
consensus to the Council on both the topics described
in subsection (c) and specific topics as identified by
participants of the roundtable;
(4) not later than March 1, 2021, and annually
thereafter during the life of the roundtable, the
Academies shall provide a briefing to the appropriate
congressional committees on the progress and activities
of the roundtable; and
(5) not later than September 30, 2025, the
Academies shall submit a final report to the
appropriate congressional committees on the activities
of the roundtable.
(f) Security Clearances.--Each participant of the
roundtable shall have a security clearance at the appropriate
level to carry out the duties of the participant under this
section. A person who is not a participant who attends a
workshop under subsection (e)(1) is not required to have a
security clearance, and the roundtable shall ensure that any
such workshop is held at the appropriate classified or
unclassified level.
(g) Termination.--The roundtable shall terminate on
September 30, 2025.
(h) Definitions.--In this section:
(1) The term ``Academies'' means the National
Academies of Sciences, Engineering, and Medicine.
(2) The term ``appropriate congressional
committees'' means--
(A) the Committee on Science, Space, and
Technology, the Committee on Armed Services,
the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed
Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the
Senate.
(3) The term ``Federal science agency'' means any
agency or department of the Federal Government with at
least $100,000,000 in basic and applied research
obligations in fiscal year 2019.
(4) The term ``intelligence community'' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(5) The term ``national security laboratory'' has
the meaning given the term in section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 1623. EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense, shall issue revised
guidance authorizing and directing departments and agencies of
the Federal Government and appropriately cleared contractors of
such departments and agencies to process, store, use, and
discuss sensitive compartmented information at facilities
previously approved to handle such information, without need
for further approval by the department or agency or by the
site. Such guidance shall apply to controlled access programs
of the intelligence community and to special access programs of
the Department of Defense.
Subtitle C--Nuclear Forces
SEC. 1631. SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS
COUNCIL; LIMITATION ON AVAILABILITY OF FUNDS
RELATING TO SUCH UPDATES.
(a) Semiannual Updates.--Section 179(g) of title 10, United
States Code, is amended to read as follows:
``(g) Semiannual Updates on Council Meetings.--(1) Not
later than February 1 and August 1 of each year, the Council
shall provide to the congressional defense committees a
semiannual update including, with respect to the six-month
period preceding the update--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a
summary of any decisions made by the Council pursuant
to subsection (d) at each such meeting and the
rationale for and options that informed such decisions.
``(2) The Council shall not be required to include in a
semiannual update under paragraph (1) the matters described in
subparagraph (B) of that paragraph with respect to decisions of
the Council relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been
submitted to Congress under section 1105 of title 31 as of the
date of the semiannual update.
``(3) The Council may provide a semiannual update under
paragraph (1) either in the form of a briefing or a written
report.''.
(b) Limitation on Use of Funds for Failure to Provide
Semiannual Updates in 2021.--
(1) First semiannual update.--If, by February 1,
2021, the Council has not provided the semiannual
update under subsection (g) of section 179 of title 10,
United States Code, as amended by subsection (a),
required by that date, not more than 50 percent of the
funds authorized to be appropriated for fiscal year
2021 for the Office of the Under Secretary of Defense
for Acquisition and Sustainment for the purposes of
operating the Office of the Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense
Programs may be obligated or expended until the date on
which such semiannual update has been provided.
(2) Second semiannual update.--If, by August 1,
2021, the Council has not provided the semiannual
update described in paragraph (1) required by that
date, not more than 90 percent of the funds authorized
to be appropriated for fiscal year 2021 for the Office
of the Under Secretary of Defense for Acquisition and
Sustainment for the purposes of operating the Office of
the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs may be
obligated or expended until the date on which such
semiannual update has been provided.
SEC. 1632. ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO PERFORMANCE
REQUIREMENTS AND BUDGET FOR NUCLEAR WEAPONS
PROGRAMS.
(a) Modification to Responsibilities of Nuclear Weapons
Council.--Section 179(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following
new paragraph (9):
``(9) Reviewing proposed capabilities, and
establishing and validating performance requirements
(as defined in section 181(h) of this title), for
nuclear warhead programs.''.
(b) Review of Adequacy of Nuclear Weapons Budget.--
(1) In general.--Subtitle A of title XVII of the
Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is
amended by adding at the end the following new section:
``SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.
``(a) Review of Adequacy of Administration Budget by
Nuclear Weapons Council.--
``(1) Transmission to council.--The Secretary of
Energy shall transmit to the Nuclear Weapons Council
(in this section referred to as the `Council') a copy
of the proposed budget request of the Administration
for each fiscal year before that budget request is
submitted to the Director of the Office of Management
and Budget in relation to the preparation of the budget
of the President to be submitted to Congress under
section 1105(a) of title 31, United States Code.
``(2) Review and determination of adequacy.--
``(A) Review.--The Council shall review
each budget request transmitted to the Council
under paragraph (1).
``(B) Determination of adequacy.--
``(i) Inadequate requests.--If the
Council determines that a budget
request for a fiscal year transmitted
to the Council under paragraph (1) is
inadequate, in whole or in part, to
implement the objectives of the
Department of Defense with respect to
nuclear weapons for that fiscal year,
the Council shall submit to the
Secretary of Energy a written
description of funding levels and
specific initiatives that would, in the
determination of the Council, make the
budget request adequate to implement
those objectives.
``(ii) Adequate requests.--If the
Council determines that a budget
request for a fiscal year transmitted
to the Council under paragraph (1) is
adequate to implement the objectives
described in clause (i) for that fiscal
year, the Council shall submit to the
Secretary of Energy a written statement
confirming the adequacy of the request.
``(iii) Records.--The Council shall
maintain a record of each description
submitted under clause (i) and each
statement submitted under clause (ii).
``(3) Department of energy response.--
``(A) In general.--If the Council submits
to the Secretary of Energy a written
description under paragraph (2)(B)(i) with
respect to the budget request of the
Administration for a fiscal year, the Secretary
shall include as an appendix to the budget
request submitted to the Director of the Office
of Management and Budget--
``(i) the funding levels and
initiatives identified in the
description under paragraph (2)(B)(i);
and
``(ii) any additional comments the
Secretary considers appropriate.
``(B) Transmission to congress.--The
Secretary of Energy shall transmit to Congress,
with the budget justification materials
submitted in support of the Department of
Energy budget for a fiscal year (as submitted
with the budget of the President under section
1105(a) of title 31, United States Code), a
copy of the appendix described in subparagraph
(A).
``(b) Review and Certification of Department of Energy
Budget by Nuclear Weapons Council.--
``(1) In general.--At the time the Secretary of
Energy submits the budget request of the Department of
Energy for that fiscal year to the Director of the
Office of Management and Budget in relation to the
preparation of the budget of the President, the
Secretary shall transmit a copy of the budget request
of the Department to the Council.
``(2) Certification.--The Council shall--
``(A) review the budget request transmitted
to the Council under paragraph (1);
``(B) based on the review under
subparagraph (A), make a determination with
respect to whether the budget request includes
the funding levels and initiatives described in
subsection (a)(2)(B)(i); and
``(C) submit to Congress--
``(i)(I) a certification that the
budget request is adequate to implement
the objectives described in subsection
(a)(2)(B)(i); or
``(II) a statement that the budget
request is not adequate to implement
those objectives; and
``(ii) a copy of the written
description submitted by the Council to
the Secretary under subsection
(a)(2)(B)(i), if any.''.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by inserting
after the item relating to section 4716 the following
new item:
``Sec. 4717. Review of adequacy of nuclear weapons budget.''.
SEC. 1633. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
ANNUAL REPORTS ON NUCLEAR WEAPONS ENTERPRISE.
Section 492a(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``review each
report'' and inserting ``periodically review reports
submitted''; and
(2) in paragraph (2), by striking ``not later'' and
all that follows through ``submitted,''.
SEC. 1634. INDEPENDENT STUDY ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN
FOREIGN COUNTRIES.
(a) Study.--Not later than March 1, 2021, the Secretary of
Defense shall seek to enter into a contract with a federally
funded research and development center to conduct a study on
the nuclear weapons programs of covered foreign countries.
(b) Matters Included.--The study under subsection (a) shall
compile open-source data to conduct an analysis of the
following for each covered foreign country:
(1) The activities, budgets, and policy documents,
regarding the nuclear weapons program.
(2) The known research and development activities
with respect to nuclear weapons.
(3) The inventories of nuclear weapons and delivery
vehicles with respect to both deployed and nondeployed
weapons.
(4) The capabilities of such nuclear weapons and
delivery vehicles.
(5) The physical sites used for nuclear processing,
testing, and weapons integration.
(6) The human capital of the scientific and
technical workforce involved in nuclear programs,
including with respect to matters relating to the
education, knowledge, and technical capabilities of
that workforce.
(7) The known deployment areas for nuclear weapons.
(8) Information with respect to the nuclear command
and control system.
(9) The factors and motivations driving the nuclear
weapons program and the nuclear command and control
system.
(10) Any other information that the federally
funded research and development center determines
appropriate.
(c) Submission to DOD.--The federally funded research and
development center shall submit to the Secretary--
(1) not later than March 1, 2022, the study under
subsection (a); and
(2) not later than March 1, 2023, and March 1,
2024, any updates to the study.
(d) Submission to Congress.--Not later than 30 days after
the date on which the Secretary receives under subsection (c)
the study under subsection (a) or an update to the study, the
Secretary shall submit to the appropriate congressional
committees the study or update, without change.
(e) Public Release.--The federally funded research and
development center shall maintain an internet website on which
the center--
(1) publishes the study under subsection (a) by not
later than 30 days after the date on which the
Secretary receives the study under subsection (c); and
(2) provides on an ongoing basis commentaries,
analyses, updates, and other information regarding the
nuclear weapons programs of covered foreign countries.
(f) Form.--The study under subsection (a) shall be
submitted in unclassified form.
(g) Modification to Report on Nuclear Forces of the United
States and Near-Peer Countries.--Section 1676 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1778) is amended--
(1) in subsection (a), by striking ``Not later than
February 15, 2020, the Secretary of Defense, in
coordination with the Director of National
Intelligence, shall'' and inserting ``Not later than
February 15, 2020, and each year thereafter through
2023, the Secretary of Defense and the Director of
National Intelligence shall jointly''; and
(2) in subsection (b), by adding at the end the
following new paragraph:
``(4) With respect to the current and planned
nuclear systems specified in paragraphs (1) through
(3), the factors and motivations driving the
development and deployment of the systems.''.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(C) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(2) Covered foreign country.--The term ``covered
foreign country'' means each of the following:
(A) North Korea.
(B) The People's Republic of China.
(C) The Russian Federation.
(D) To the extent applicable, Iran.
(3) Open-source data.--The term ``open-source
data'' includes data derived from, found in, or related
to any of the following:
(A) Geospatial information.
(B) Seismic sensors.
(C) Commercial data.
(D) Public government information.
(E) Academic journals and conference
proceedings.
(F) Media reports.
(G) Social media.
SEC. 1635. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act for
fiscal year 2021 for the Department of Defense may be obligated
or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the
responsiveness or alert level of the intercontinental
ballistic missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of
deployed intercontinental ballistic missiles of the
United States to a number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability
of intercontinental ballistic missiles.
Subtitle D--Missile Defense Programs
SEC. 1641. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Repeal of Requirement for Reporting Structure of
Missile Defense Agency.--Section 205 of title 10, United States
Code, is amended to read as follows:
``Sec. 205. Missile Defense Agency
``The Director of the Missile Defense Agency shall be
appointed for a six-year term.''.
(b) Report on Alignment.--Not later than February 28, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a report on the alignment of the Missile
Defense Agency within the Department of Defense. The report
shall include--
(1) a description of the risks and benefits of
both--
(A) continuing the alignment of the Agency
under the authority, direction, and control of
the Under Secretary of Defense for Research and
Engineering; and
(B) realigning the Agency to be under the
authority, direction, and control of the Under
Secretary of Defense for Acquisition and
Sustainment; and
(2) if the Agency were to be realigned, the actions
that would need to be taken to realign the Agency to be
under the authority, direction, and control of the
Under Secretary of Defense for Acquisition and
Sustainment or another element of the Department of
Defense.
(c) Notice and Wait Requirement to Modify Certain DoDI.--
The Secretary of Defense may not modify Department of Defense
Directive 5134.09, as in effect on the date of the enactment of
this Act, unless--
(1) the Secretary submits to the congressional
defense committees a final draft of the proposed
modified directive, both in an electronic format and in
a hard copy format;
(2) the Secretary provides to such committees a
briefing to describe the modifications made in the
proposed modified directive; and
(3) a period of 60 days has elapsed following the
date on which the Secretary has carried out both
paragraphs (1) and (2).
(d) Comptroller General Report.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report containing an assessment of whether
the Secretary of Defense is in compliance with section 1688 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1787). Such assessment shall
include an evaluation of--
(1) whether the Secretary has complied with the
timelines required by subsection (b) of such section
and whether the Secretary has carried out the
consultation described in paragraph (1)(A) of such
subsection; and
(2) how the changes proposed by the Secretary to
the non-standard acquisition processes and
responsibilities described in paragraph (2) of such
subsection will improve or impact the development of
weapon systems and timelines for the delivery of
capabilities to members of the Armed Forces.
SEC. 1642. EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h(e) of title 10, United States Code, is amended
by striking ``January 1, 2021'' and inserting ``January 1,
2026''.
SEC. 1643. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE
PROGRAMS TO MILITARY DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431
note) is amended by striking ``2021'' and inserting ``2023''.
SEC. 1644. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW AND
ASSESSMENT OF MISSILE DEFENSE ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1339), as
amended by section 1688 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1144),
is amended--
(1) in paragraph (1), by striking ``through 2020''
and inserting ``through 2025'';
(2) in paragraph (2)--
(A) by striking ``through 2021'' and
inserting ``through 2026''; and
(B) by striking ``year. Each'' and all that
follows through ``appropriate.'' and inserting
the following: ``year, which shall include such
findings and recommendations as the Comptroller
General considers appropriate.''; and
(3) by adding at the end the following new
paragraph:
``(3) Review of emerging issues.--In carrying out
this subsection, as the Comptroller General determines
is warranted, the Comptroller General shall review
emerging issues and, in consultation with the
congressional defense committees, brief such committees
or submit to such committees a report on the findings
of the Comptroller General with respect to such
review.''.
SEC. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Development.--The Director of the Missile Defense
Agency, in coordination with the Director of the Space
Development Agency and the Chief of Space Operations, shall
develop and procure a hypersonic and ballistic missile tracking
space sensor payload.
(b) Primary Responsibility.--
(1) Assignment.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of
Defense shall, without delegation--
(A) assign the Director of the Missile
Defense Agency with the principal
responsibility for the development and
procurement of a hypersonic and ballistic
tracking space sensor payload pursuant to
subsection (a) as a component of a proliferated
low-Earth orbit satellite constellation
through, at minimum, fiscal year 2022; and
(B) submit to the congressional defense
committees a certification of such assignment.
(2) Plan for integration.--Not later than May 1,
2021, the Secretary shall submit to the congressional
defense committees a plan for integrating the
hypersonic and ballistic tracking space sensor payload
developed by the Missile Defense Agency pursuant to
subsection (a) into the persistent space-based sensor
architecture of the Space Development Agency and the
Space Force. The plan shall include, at a minimum,
options for--
(A) minimizing disruption to the program
for such space sensor payload;
(B) ensuring sufficient funding for such an
integration;
(C) maintaining prioritization of unique
ballistic and hypersonic defense requirements
for such space sensor payload through the
transition;
(D) ensuring connection of such space
sensor payload into the overall missile defense
command and control, battle management, and
communications system; and
(E) addressing any impacts to the
development and deployment of such space sensor
payload if responsibility for the proliferated
low-Earth orbit satellite constellation
specified in paragraph (1)(A) is transitioned
from the Space Development Agency to the Space
Force prior to the constellation achieving full
operational capability.
(c) Timeline for Testing, Integration, and Deployment.--The
Director, in coordination with the Director of the Space
Development Agency and the Chief of Space Operations, shall--
(1) begin on-orbit testing of the hypersonic and
ballistic tracking space sensor payload developed
pursuant to subsection (a) no later than December 31,
2023; and
(2) begin integration of such sensor payload into
the persistent space-based sensor architecture of the
Space Development Agency and the Space Force pursuant
to the plan developed under subsection (b)(2), and
shall achieve full operational deployment of such
sensor payload, as soon as technically feasible
thereafter.
(d) Annual Certifications.--On an annual basis until the
date on which the hypersonic and ballistic tracking space
sensor payload developed under subsection (a) achieves full
operational capability--
(1) the Under Secretary of Defense (Comptroller)
and the Director of Cost Assessment and Program
Evaluation shall jointly certify to the appropriate
congressional committees that the most recent future-
years defense program submitted under section 221 of
title 10, United States Code, includes estimated
expenditures and proposed appropriations in amounts
necessary to ensure the development and deployment of
such space sensor payload as a component of the
persistent space-based sensor architecture of the Space
Development Agency and the Space Force; and
(2) the Vice Chairman of the Joint Chiefs of Staff,
acting through the Joint Requirements Oversight
Council, shall certify to the appropriate congressional
committees that both the ballistic and hypersonic
tracking requirements of, and the timeline to deploy,
such space sensor payload have been validated.
(e) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021
for operation and maintenance, Defense-wide, for the Office of
Secretary of Defense for travel of persons assigned to the
Office of the Under Secretary of Defense for Research and
Engineering, not more than 50 percent may be obligated or
expended until--
(1) the Secretary of Defense submits the
certification under subsection (b)(1)(B);
(2) the Under Secretary of Defense (Comptroller)
and the Director of Cost Assessment and Program
Evaluation jointly submit the first certification under
subsection (d)(1); and
(3) the Vice Chairman submits the first
certification under subsection (d)(2).
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(g) Conforming Repeal.--Section 1683 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 2431 note) is amended by striking subsection (d).
SEC. 1646. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.
(a) Interim Ground-based Interceptor.--
(1) Development.--Subject to the availability of
appropriations, not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense,
acting through the Director of the Missile Defense
Agency and in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, the
Commander of the United States Northern Command, and
the Commander of the United States Strategic Command,
shall commence carrying out a program to develop an
interim ground-based interceptor capability that will--
(A) use sound acquisition practices;
(B) address the majority of current and
near- to mid-term projected ballistic missile
threats to the United States homeland from
rogue nations;
(C) at minimum, meet the proposed
capabilities of the Redesigned Kill Vehicle
program;
(D) leverage existing kill vehicle and
booster technology; and
(E) appropriately balance interceptor
performance with schedule of delivery.
(2) Capabilities and criteria.--The Director shall
ensure that the interim ground-based interceptor
developed under paragraph (1) meets, at a minimum, the
following capabilities and criteria:
(A) Vehicle-to-vehicle communications, as
applicable.
(B) Vehicle-to-ground communications.
(C) Kill assessment capability.
(D) The ability to counter advanced
countermeasures, decoys, and penetration aids.
(E) Producibility and manufacturability.
(F) Use of technology involving high
technology readiness levels.
(G) Options to integrate the new kill
vehicle onto other missile defense interceptor
vehicles other than the ground-based
interceptors of the ground-based midcourse
defense system.
(H) Sound acquisition processes.
(3) Deployment.--The Secretary of Defense, acting
through the Director of the Missile Defense Agency and
in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering, the Commander of
the United States Northern Command, and the Commander
of the United States Strategic Command, shall--
(A) conduct rigorous flight testing of the
interim ground-based interceptor; and
(B) deliver 20 interim ground-based
interceptors by 2026.
(b) Waiver.--
(1) Authority.--The Secretary of Defense may waive
the requirements under paragraphs (1) and (3) of
subsection (a) if the Secretary--
(A) determines that--
(i) the technology development is
not technically feasible;
(ii) the interim capability
development is not in the national
security interest of the United States;
or
(iii) the interim ground-based
interceptor program under subsection
(a)(1) cannot deliver an initial
operational capability at least two
years prior to the fielding of the
next-generation interceptor for the
ground-based midcourse defense system;
and
(B) submits to the congressional defense
committees a certification that such a waiver
is necessary based on the determination under
subparagraph (A), including--
(i) an explanation of the rationale
of such determination;
(ii) an estimate of the ballistic
missile threats to the United States
homeland from rogue nations that will
not be defended against until the
fielding of the next-generation
interceptor for the ground-based
midcourse defense system; and
(iii) an updated schedule for the
development and deployment of such
next-generation interceptor.
(2) Delegation.--The Secretary may not delegate the
authority to carry out paragraph (1) below the level of
an Under Secretary of Defense.
(c) Report on Funding Profile.--Unless the Secretary makes
a waiver under subsection (b), the Director shall include with
the budget justification materials submitted to Congress in
support of the budget of the Department of Defense for fiscal
year 2022 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a report on
the funding profile necessary for the interim ground-based
interceptor program to meet the objectives under subsection
(a).
SEC. 1647. NEXT GENERATION INTERCEPTORS.
(a) Notification of Changed Requirements.--During the
acquisition and development process of the next generation
interceptor program, not later than seven days after the date
on which any changes are made to the requirements for such
program that are established in the equivalent to capability
development documentation, the Director of the Missile Defense
Agency shall notify the congressional defense committees of
such changes.
(b) Briefing on Contract.--Not later than 14 days after the
date on which the Director awards a contract for design,
development, or both, of the next generation interceptor, the
Director shall provide the congressional defense committees a
briefing on such contract, including with respect to the cost,
schedule, performance, and requirements of the contract.
(c) Independent Cost Assessment and Validation.--
(1) Assessment.--The Director of Cost Assessment
and Program Evaluation shall--
(A) conduct an independent cost assessment
of the next generation interceptor program; and
(B) make available to the Director of the
Missile Defense Agency, the Under Secretary of
Defense for Acquisition and Sustainment, and
the Under Secretary of Defense for Research and
Engineering preliminary findings of the
assessment to inform the award of a contract
for the design, development, or both, of the
next generation interceptor.
(2) Validation.--The Under Secretary of Defense for
Acquisition and Sustainment shall validate the
preliminary findings of the cost assessment conducted
under paragraph (1) that will be used to inform the
award of a contract for the design, development, or
both, of the next generation interceptor.
(3) Submission.--Not later than the date on which
the Director of the Missile Defense Agency awards a
contract for the design, development, or both, of the
next generation interceptor, the Secretary of Defense
shall submit to the congressional defense committees
the preliminary findings of the independent cost
assessment under paragraph (1) and the validation under
paragraph (2).
(d) Flight Tests.--In addition to the requirements of
section 2399 of title 10, United States Code, the Director of
the Missile Defense Agency may not make any decision regarding
the initial production, or equivalent, of the next generation
interceptor unless the Director has--
(1) certified to the congressional defense
committees that the Director has conducted not fewer
than two successful intercept flight tests of the next
generation interceptor; and
(2) provided to such committees a briefing on the
details of such tests, including with respect to the
operational realism of such tests.
SEC. 1648. REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS FOR
LAYERED HOMELAND MISSILE DEFENSE SYSTEM.
(a) Report.--
(1) Requirement.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report on the proposal for a
layered homeland missile defense architecture included
in the budget justification materials submitted to
Congress in support of the budget for the Department of
Defense for fiscal year 2021 (as submitted with the
budget of the President for such fiscal year under
section 1105(a) of title 31, United States Code).
(2) Elements required.--The report under paragraph
(1) shall include the following:
(A) A description of the requirements for
the proposed layered homeland missile defense
architecture that are--
(i) based on an assessment by the
intelligence community of threats to be
addressed at the time of deployment of
such a system; and
(ii) validated by the Joint
Requirements Oversight Council.
(B) An assessment of how such requirements
addressed by the proposed layered homeland
missile defense architecture relate to those
addressed by the existing ground-based
midcourse defense system, including deployed
ground-based interceptors and planned upgrades
to such ground-based interceptors.
(C) An analysis of weapon system and
interceptor solutions to meet such
requirements, including the Aegis ballistic
missile defense system, the standard missile-3
block IIA, and the terminal high altitude area
defense system, with the number of locations
required for deployment and the production
numbers of such weapon systems and
interceptors.
(D) A description of any improvements
needed to the missile defense system command
and control, battle management, and
communications system to support the proposed
layered homeland missile defense architecture.
(E) A description of the sensors required,
with respect to both sensors organic to the
weapon systems and the sensors needed for
tracking and discrimination provided through
the command and control, battle management, and
communications system, for the proposed layered
homeland missile defense architecture,
including how the cancellation, or indefinite
postponement, of the discrimination radar for
homeland defense planned to be located in
Hawaii will impact the ability of such
architecture to defend against current and
future missile threats to Hawaii, with respect
to both the capacity and capability of such
architecture.
(F) An assessment of the impact to the
flights IIA and III fielding and posture plans
of the Navy for Arleigh Burke class destroyers
if at-sea standard missile-3 block IIA missiles
are required for the proposed layered homeland
missile defense architecture.
(G) A site-specific fielding plan that
includes possible locations, the number and
type of interceptors and radars in each
location, and any associated environmental or
permitting considerations, including an
assessment of the locations evaluated pursuant
to section 227(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 1679) for inclusion in
the proposed layered homeland missile defense
architecture.
(H) Relevant policy considerations for
deployment of such architecture for defense
against intercontinental ballistic missiles in
the continental United States.
(I) A life-cycle cost estimate and detailed
development, testing, production, and
deployment schedule for options involving a
land-based standard missile-3 block IIA
interceptor system and the terminal high
altitude area defense system, including
required environmental assessments.
(J) A feasibility assessment of the
necessary modifications to the terminal high
altitude area defense system to address such
requirements.
(K) An assessment of the industrial base
capacity to support additional production of
either a land-based standard missile-3 block
IIA interceptor system or the terminal high
altitude area defense system.
(L) An assessment of the manning, training,
and sustainment needed to operationally support
the proposed layered homeland missile defense
architecture.
(3) Consultation.--In preparing the report required
under paragraph (1), the Secretary shall consult with
each of the following:
(A) The Under Secretary of Defense for
Policy.
(B) The Under Secretary of Defense for
Acquisition and Sustainment.
(C) The Vice Chairman of the Joint Chiefs
of Staff, as the Chair of the Joint
Requirements Oversight Council.
(D) The Commander of the United States
Strategic Command.
(E) The Commander of the United States
Northern Command.
(F) The Director of the Missile Defense
Agency.
(G) The Director of Cost Assessment and
Program Evaluation.
(b) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated by this Act or otherwise made available for
fiscal year 2021 for the Missile Defense Agency for a layered
homeland missile defense system, not more than 50 percent may
be obligated or expended until the Director of the Missile
Defense Agency submits to the congressional defense committees
the report under subsection (a).
(c) Assessment.--Not later than February 28, 2021, the
Director of the Defense Intelligence Agency, and the head of
any other element of the intelligence community that the
Secretary of Defense determines appropriate, shall submit to
the congressional defense committees an assessment of the
following:
(1) How the development and deployment of regional
terminal high altitude area defense systems and Aegis
ballistic missile defense systems to conduct longer-
range missile defense missions would be perceived by
near-peer foreign countries and rogue nations.
(2) How such near-peer foreign countries and rogue
nations would likely respond to such deployments.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given such term
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
SEC. 1649. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT
AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized
to be appropriated by this Act for fiscal year 2021 for
procurement, Defense-wide, and available for the
Missile Defense Agency, not more than $73,000,000 may
be provided to the Government of Israel to procure
components for the Iron Dome short-range rocket defense
system through co-production of such components in the
United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in
paragraph (1) for the Iron Dome short-range
rocket defense program shall be available
subject to the terms and conditions in the
Agreement Between the Department of Defense of
the United States of America and the Ministry
of Defense of the State of Israel Concerning
Iron Dome Defense System Procurement, signed on
March 5, 2014, as amended to include co-
production for Tamir interceptors.
(B) Certification.--Not later than 30 days
prior to the initial obligation of funds
described in paragraph (1), the Under Secretary
of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional
committees--
(i) a certification that the
amended bilateral international
agreement specified in subparagraph (A)
is being implemented as provided in
such agreement;
(ii) an assessment detailing any
risks relating to the implementation of
such agreement; and
(iii) for system improvements
resulting in modified Iron Dome
components and Tamir interceptor sub-
components, a certification that the
Government of Israel has demonstrated
successful completion of Production
Readiness Reviews, including the
validation of production lines, the
verification of component conformance,
and the verification of performance to
specification as defined in the Iron
Dome Defense System Procurement
Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the
funds authorized to be appropriated for fiscal year
2021 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $50,000,000
may be provided to the Government of Israel to procure
the David's Sling Weapon System, including for co-
production of parts and components in the United States
by United States industry.
(2) Agreement.--Provision of funds specified in
paragraph (1) shall be subject to the terms and
conditions in the bilateral co-production agreement,
including--
(A) a one-for-one cash match is made by
Israel or in another matching amount that
otherwise meets best efforts (as mutually
agreed to by the United States and Israel); and
(B) co-production of parts, components, and
all-up rounds (if appropriate) in the United
States by United States industry for the
David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under
Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional
committees--
(A) a certification that the Government of
Israel has demonstrated the successful
completion of the knowledge points, technical
milestones, and production readiness reviews
required by the research, development, and
technology agreement and the bilateral co-
production agreement for the David's Sling
Weapon System; and
(B) an assessment detailing any risks
relating to the implementation of such
agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the
funds authorized to be appropriated for fiscal year
2021 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $77,000,000
may be provided to the Government of Israel for the
Arrow 3 Upper Tier Interceptor Program, including for
co-production of parts and components in the United
States by United States industry.
(2) Certification.--The Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
appropriate congressional committees a certification
that--
(A) the Government of Israel has
demonstrated the successful completion of the
knowledge points, technical milestones, and
production readiness reviews required by the
research, development, and technology agreement
for the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will
be provided on the basis of a one-for-one cash
match made by Israel or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel);
(C) the United States has entered into a
bilateral international agreement with Israel
that establishes, with respect to the use of
such funds--
(i) in accordance with subparagraph
(D), the terms of co-production of
parts and components on the basis of
the greatest practicable co-production
of parts, components, and all-up rounds
(if appropriate) by United States
industry and minimizes nonrecurring
engineering and facilitization expenses
to the costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition
strategy, and funding profiles of
Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working
group to consider cost reduction
initiatives; and
(v) joint approval processes for
third-party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50
percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's
Sling Weapon System and the Arrow 3 Upper Tier
Interceptor Program; or
(2) separate certifications for each respective
system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification under
subsection (c)(2) no later than 30 days before the funds
specified in paragraph (1) of subsections (b) and (c) for the
respective system covered by the certification are provided to
the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1650. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE
THREATS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing a
study on the defense of Guam from integrated air and missile
threats, including such threats from ballistic, hypersonic, and
cruise missiles.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) The identification of existing deployed land-
and sea-based air and missile defense programs of
record within the military departments and Defense
Agencies, including with respect to interceptors,
radars, and ground-, ship-, air,- and space-based
sensors that could be used either alone or in
coordination with other systems to counter the threats
specified in subsection (a) with an initial operational
capability by 2025.
(2) A plan of how such programs would be used to
counter such threats with an initial operational
capability by 2025.
(3) A plan of which programs currently in
development but not yet deployed could enhance or
substitute for existing programs in countering such
threats with an initial operational capability by 2025.
(4) An analysis of which military department,
Defense Agency, or combatant command would have
operational control of the mission to counter such
threats.
(5) A cost analysis of the various options
described in paragraphs (1) and (3), including a
breakdown of the cost of weapons systems considered
under the various scenarios (including any costs to
modify the systems), the cost benefits gained through
economies of scale, and the cost of any military
construction required.
(6) An analysis of the policy implications
regarding deploying additional missile defense systems
on Guam, and how such deployments could affect
strategic stability, including likely responses from
both rogue nations and near-peer competitors.
(c) Consultation.--The Secretary shall carry out this
section in consultation with each of the following:
(1) The Director of the Missile Defense Agency.
(2) The Commander of the United States Indo-Pacific
Command.
(3) The Commander of the United States Northern
Command.
(4) The Commander of the United States Strategic
Command.
(5) The Director of the Joint Integrated Air and
Missile Defense Organization.
(6) Any other official whom the Secretary of
Defense determines for purposes of this section has
significant technical, policy, or military expertise.
(d) Form.--The report submitted under subsection (a) shall
be in unclassified form, but may contain a classified annex.
(e) Briefing.--Not later than 30 days after the date on
which the Secretary submits to the congressional defense
committees the report under subsection (a), the Secretary shall
provide to such committees a briefing on the report.
SEC. 1651. REPORTS ON CRUISE MISSILE DEFENSE AND NORTH WARNING SYSTEM.
(a) Report on Cruise Missile Defense and Status of North
Warning System.--
(1) Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Commander of the
United States Northern Command, in coordination with
the Secretary of the Air Force, the Director of the
Missile Defense Agency, and the Director for Force
Structure, Resources, and Assessment of the Joint
Staff, shall submit to the congressional defense
committees a report on the on cruise missile defense of
the United States.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An identification of any vulnerability
of the contiguous United States to known cruise
missile threats.
(B) An assessment of the status of the
North Warning System, including--
(i) a description and assessment of
the status and operational integrity of
the infrastructure of the North Warning
System;
(ii) an assessment of the
technology currently used by the North
Warning System compared with the
technology considered necessary by the
Commander of the North American
Aerospace Defense Command to detect
current and anticipated threats;
(iii) an assessment of the
infrastructure and ability of the
Alaska Radar System to integrate into
the broader North Warning System; and
(iv) an assessment of the ability
of the North Warning System to
integrate with current and anticipated
space-based sensor platforms.
(b) Report on Plan for Mitigation and Modernization.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the
United States Northern Command, in coordination with
the Secretary of the Air Force, the Director of the
Missile Defense Agency, and the Director for Force
Structure, Resources, and Assessment of the Joint
Staff, shall submit to the congressional defense
committees a report setting forth a plan for--
(A) mitigating vulnerabilities of the
contiguous United States to known cruise
missile threats; and
(B) modernizing the capabilities provided
by the current North Warning System.
(2) Elements.--The plan under paragraph (1) shall
include the following:
(A) A plan to mitigate any vulnerability of
the contiguous United States to known cruise
missile threats identified in the report under
subsection (a).
(B) A detailed timeline for the
modernization of the North Warning System based
on the status of the system as assessed in the
report under subsection (a).
(C) The technological advancements
necessary for ground-based North Warning System
sites to address current and anticipated
threats (as specified by the Commander of the
North American Aerospace Defense Command).
(D) An assessment of the number of future
North Warning System sites required in order to
address current and anticipated threats (as so
specified).
(E) Any new or complementary technologies
required to accomplish the mission of the North
Warning System.
(F) The cost and schedule, by year, of the
plan.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
SEC. 1661. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO THE GLOBAL POSITIONING SYSTEM.
(a) Prohibition.--Except as provided by subsection (b),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 or any subsequent
fiscal year for the Department of Defense may be obligated or
expended to retrofit any Global Positioning System device or
system, or network that uses the Global Positioning System, in
order to mitigate harmful interference from commercial
terrestrial operations using the 1526-1536 megahertz band, the
1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz
band.
(b) Actions Not Prohibited.--The prohibition in subsection
(a) shall not apply to any action taken by the Secretary of
Defense relating to--
(1) conducting technical or information exchanges
with the entity that operates the commercial
terrestrial operations in the megahertz bands specified
in such subsection;
(2) seeking compensation for harmful interference
from such entity; or
(3) Global Positioning System receiver upgrades
needed to address other resiliency requirements.
SEC. 1662. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING
COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT
CAUSE HARMFUL INTERFERENCE WITH THE GLOBAL
POSITIONING SYSTEM.
The Secretary of Defense may not enter into a contract, or
extend or renew a contract, with an entity that engages in
commercial terrestrial operations using the 1525-1559 megahertz
band or the 1626.5-1660.5 megahertz band unless the Secretary
has certified to the congressional defense committees that such
operations do not cause harmful interference to a Global
Positioning System device of the Department of Defense.
SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS
COMMISSION ORDER 20-48.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall
seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine for
the National Academies to perform the services covered
by this section.
(2) Timing.--The Secretary shall seek to enter into
the agreement described in paragraph (1) not later than
30 days after the date of the enactment of this Act.
(b) Independent Technical Review.--
(1) In general.--Under an agreement between the
Secretary and the National Academies under subsection
(a), the National Academies shall carry out an
independent technical review of the Order and
Authorization adopted by the Federal Communications
Commission on April 19, 2020 (FCC 20-48), to the extent
that such Order and Authorization affects the devices,
operations, or activities of the Department of Defense.
(2) Elements.--The independent technical review
carried out under paragraph (1) shall include the
following:
(A) Comparison of the two different
approaches on which the Commission relied for
the Order and Authorization described in
paragraph (1) to evaluate the potential harmful
interference concerns relating to Global
Positioning System devices, with a
recommendation on which method most effectively
mitigates risks of harmful interference with
Global Positioning System devices of the
Department, or relating to or with the
potential to affect the operations and
activities of the Department.
(B) Assessment of the potential for harmful
interference to mobile satellite services,
including commercial services and Global
Positioning System services of the Department,
or relating to or with the potential to affect
the operations and activities of the
Department.
(C) Review of the feasibility,
practicality, and effectiveness of the proposed
mitigation measures relating to, or with the
potential to affect, the devices, operations,
or activities of the Department.
(D) Development of recommendations
associated with the findings of the National
Academies in carrying out the independent
technical review.
(E) Such other matters as the National
Academies determines relevant.
(c) Report.--
(1) In general.--Under an agreement between the
Secretary and the National Academies under subsection
(a), the National Academies, not later than 270 days
after the date of the execution of such agreement,
shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives a report on the findings of the
National Academies with respect to the independent
technical review carried out under subsection (b) and
the recommendations developed pursuant to such review.
(2) Form.--The report submitted under paragraph (1)
shall be submitted in a publicly releasable and
unclassified format, but may include a classified
annex.
SEC. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION
ORDER 20-48.
(a) Limitation, Estimate, and Certification.--None of the
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2021 may be obligated or
expended by the Secretary of Defense to comply with the Order
and Authorization adopted by the Federal Communications
Commission on April 19, 2020 (FCC 20-48), until the Secretary--
(1) submits to the congressional defense committees
an estimate of the extent of covered costs and the
range of eligible reimbursable costs associated with
harmful interference resulting from such Order and
Authorization to the Global Positioning System of the
Department of Defense; and
(2) certifies to the congressional defense
committees that the estimate submitted under paragraph
(1) is accurate with a high degree of certainty.
(b) Covered Costs.--For purposes of this section, covered
costs include costs that would be incurred--
(1) to upgrade, repair, or replace potentially
affected receivers of the Federal Government;
(2) to modify, repair, or replace equipment,
spares, associated ancillary equipment, software,
facilities, operating manuals, training, or compliance
with regulations, including with regard to the
underlying platform or system in which a capability of
the Global Positioning System is embedded; and
(3) for personnel of the Department to engineer,
validate, and verify that any required remediation
provides the Department with the same operational
capability for the affected system prior to terrestrial
operation in the 1525 to 1559 megahertz or 1626.5 to
1660.5 megahertz bands of electromagnetic spectrum.
(c) Range of Eligible Reimbursable Costs.--For purposes of
this section, the range of eligible reimbursable costs
includes--
(1) costs associated with engineering, equipment,
software, site acquisition, and construction;
(2) any transaction expense that the Secretary
determines is legitimate and prudent;
(3) costs relating to term-limited Federal civil
servant and contractor staff; and
(4) the costs of research, engineering studies, or
other expenses the Secretary determines reasonably
incurred.
Subtitle F--Other Matters
SEC. 1671. CONVENTIONAL PROMPT STRIKE.
(a) Integration.--Section 1697(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1791) is amended by adding at the end the following new
sentence: ``The Secretary shall initiate efforts to integrate
such technologies to DDG-1000 class destroyers during fiscal
year 2021.''.
(b) Report on Strategic Hypersonic Weapons.--
(1) Requirement.--Not later than 120 days after the
date of the enactment of this Act, the Chairman of the
Joint Chiefs of Staff, in coordination with the Under
Secretary of Defense for Policy, shall submit to the
congressional defense committees a report on strategic
hypersonic weapons.
(2) Matters included.--The report under paragraph
(1) shall include the following:
(A) A discussion of the authority and
policy processes to use hypersonic weapons and
if, and how, such authorities would be
delegated to the commanders of the combatant
commands or to the Chiefs of the Armed Forces.
(B) How escalation risks will be addressed
with regards to the use of strategic hypersonic
weapons, including--
(i) whether any risk escalation
exercises have been conducted or are
planned for the potential use of
hypersonic weapons; and
(ii) an analysis of the escalation
risks posed by foreign hypersonic
systems that are potentially nuclear
and conventional dual-use capable
weapons.
(C) The potential target sets for
hypersonic weapons envisioned as of the date of
the report and the required mission planning to
support targeting by the United States
Strategic Command and other combatant commands.
(D) Identification of the process for the
Department of Defense to establish targeting
and release authority for conventional prompt
strike hypersonic weapons.
(E) A description of how the requirements
for land- and sea-based hypersonic weapons will
be addressed with the Joint Requirements
Oversight Council, and how such requirements
will be formally provided to the military
departments procuring such weapons through an
acquisition program described under section 804
of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2302 note).
(F) The required force structures,
including necessary training, simulators, and
range use needed by the Armed Forces, to
support employment of such weapons against the
classes of targets that will be held at risk.
(G) With respect to the force structure of
the Navy--
(i) whether such weapons should be
deployed on both submarines and surface
combatants; and
(ii) the number of such vessels
that need to be so equipped.
(H) A basing strategy for land-based launch
platforms and a description of the actions
needed to be taken for future deployment of
such platforms.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(c) Annual Reports on Acquisition.--
(1) Army and navy programs.--Except as provided by
paragraph (3), not later than 30 days after the date on
which the budget of the President for each of fiscal
years 2022 through 2025 is submitted to Congress
pursuant to section 1105 of title 31, United States
Code, the Secretary of the Army and the Secretary of
the Navy shall jointly submit to the congressional
defense committees a report on the long-range
hypersonic weapon program of the Army and the
conventional prompt strike program of the Navy,
including--
(A) the total costs to the respective
military departments for such programs;
(B) the strategy for such programs with
respect to manning, training, and equipping,
including cost estimates; and
(C) a testing strategy and schedule for
such programs.
(2) Independent cost estimate.--Not later than 90
days after the date on which the budget of the
President for fiscal year 2022 is submitted to Congress
pursuant to section 1105 of title 31, United States
Code, the Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense
committees an independent cost estimate for the long-
range hypersonic weapon program of the Army and the
conventional prompt strike program of the Navy.
(3) Termination.--The requirement to submit a
report under paragraph (1) shall terminate on the date
on which the Secretary of Defense determines that the
long-range hypersonic weapon program of the Army and
the conventional prompt strike program of the Navy are
unable to be acquired under the authority of section
804 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2302 note).
SEC. 1672. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON
MISSILE SYSTEMS AND ARMS CONTROL TREATIES.
(a) Limitation.--
(1) In general.--Beginning on the date that is 60
days after the date of the enactment of this Act, if
the Secretary of Defense has not submitted the covered
reports, not more than 50 percent of the funds
specified in paragraph (2) may be obligated or expended
until the date on which the covered reports have been
submitted.
(2) Funds specified.--The funds specified in this
paragraph are the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year
2021 for the Office of the Under Secretary of Defense
for Policy.
(b) Covered Reports Defined.--In this section, the term
``covered reports'' means--
(1) the report under section 1698(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1792); and
(2) the assessment under section 1236(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1650).
SEC. 1673. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND
NUCLEAR POSTURE REVIEW.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees--
(1) each report, assessment, and guidance document
produced by the Department of Defense pursuant to the
Missile Defense Review published in 2019 or during
subsequent actions taken to implement the conclusions
of the Review; and
(2) each report, assessment, and guidance document
produced by the Department pursuant to the Nuclear
Posture Review published in 2018 or during subsequent
actions taken to implement the conclusions of the
Review.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of
cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for
sensitive military cyber operations.
Sec. 1703. Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of
operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to
agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture
review.
Sec. 1707. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic
Cybersecurity Program and the evaluation of cyber
vulnerabilities of major weapon systems of the Department of
Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint
cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to
National Guards of other States of cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and
exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National
Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department
of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense networks.
Sec. 1735. Integration of Department of Defense user activity monitoring
and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1737. Assessment on defense industrial base participation in a
threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat
hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource
allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1748. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national
security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data science
and software development personnel.
Sec. 1752. National Cyber Director.
SEC. 1701. MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT OF
CYBER OPERATIONS FORCES.
Title 10, United States Code, is amended--
(1) in section 167b--
(A) in subsection (a)--
(i) in the first sentence, by
inserting ``(1)'' before ``With the
advice'';
(ii) in paragraph (1), as
designated by clause (i), by striking
the second sentence; and
(iii) by adding at the end the
following new paragraph:
``(2) The principal mission of the Cyber Command is
to direct, synchronize, and coordinate military
cyberspace planning and operations to defend and
advance national interests in collaboration with
domestic and international partners.''; and
(B) by amending subsection (b) to read as
follows:
``(b) Assignment of Forces.--(1) Active and reserve cyber
forces of the armed forces shall be assigned to the Cyber
Command through the Global Force Management Process, as
approved by the Secretary of Defense.
``(2) Cyber forces not assigned to Cyber Command
remain assigned to combatant commands or service-
retained.''; and
(2) in section 238--
(A) in subsection (a)--
(i) in the matter preceding
paragraph (1)--
(I) by striking ``2017''
and inserting ``2021''; and
(II) by inserting ``, in
electronic and print formats,''
after ``display'';
(ii) in paragraph (1), by inserting
``and the cyberspace operations
forces'' before the semicolon;
(iii) in paragraph (2), by
inserting ``and the cyberspace
operations forces'' before the period;
(B) in subsection (b)--
(i) in the matter preceding
paragraph (1), by striking ``2017'' and
inserting ``2021'';
(ii) in paragraph (1), by striking
``2017'' and inserting ``2021''; and
(iii) in paragraph (2), by striking
``2018'' and inserting ``2022''; and
(C) by adding at the end the following new
subsection:
``(c) Submission.--The Secretary shall provide the displays
described in subsection (a)--
``(1) in electronic format not later than five days
after the submission by the President under section
1105(a) of title 31 of the budget; and
``(2) in print format not later than 21 days after
the submission by the President under section 1105(a)
of title 31 of the budget.''.
SEC. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR
SENSITIVE MILITARY CYBER OPERATIONS.
Subsection (c) of section 395 of title 10, United States
Code, is amended to read as follows:
``(c) Sensitive Military Cyber Operation Defined.--(1) In
this section, the term `sensitive military cyber operation'
means an action described in paragraph (2) that--
``(A) is carried out by the armed forces of
the United States;
``(B) is intended to achieve a cyber effect
against a foreign terrorist organization or a
country, including its armed forces and the
proxy forces of that country located
elsewhere--
``(i) with which the armed forces
of the United States are not involved
in hostilities (as that term is used in
section 4 of the War Powers Resolution
(50 U.S.C. 1543)); or
``(ii) with respect to which the
involvement of the armed forces of the
United States in hostilities has not
been acknowledged publicly by the
United States; and
``(C)(i) is determined to--
``(I) have a medium or high
collateral effects estimate;
``(II) have a medium or
high intelligence gain or loss;
``(III) have a medium or
high probability of political
retaliation, as determined by
the political military
assessment contained within the
associated concept of
operations;
``(IV) have a medium or
high probability of detection
when detection is not intended;
or
``(V) result in medium or
high collateral effects; or
``(ii) is a matter the Secretary
determines to be appropriate.
``(2) The actions described in this paragraph are
the following:
``(A) An offensive cyber operation.
``(B) A defensive cyber operation.''.
SEC. 1703. MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT OF
DEFENSE CYBER OPERATIONS BRIEFINGS FOR CONGRESS.
Section 484 of title 10, United States Code, is amended by
striking subsections (a) and (b) and inserting the following
new subsections:
``(a) Briefings Required.--The Under Secretary of Defense
for Policy, the Commander of United States Cyber Command, and
the Chairman of the Joint Chiefs of Staff, or designees from
each of their offices, shall provide to the congressional
defense committees quarterly briefings on all offensive and
significant defensive military operations in cyberspace,
including clandestine cyber activities, carried out by the
Department of Defense during the immediately preceding quarter.
``(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the military operations in cyberspace
described in such subsection, the following:
``(1) An update, set forth separately for each
applicable geographic and functional command, that
describes the operations carried out in the area of
operations of that command or by that command.
``(2) An update, set forth for each applicable
geographic and functional command, that describes
defensive cyber operations executed to protect or
defend forces, networks, and equipment in the area of
operations of that command.
``(3) An update on relevant authorities and legal
issues applicable to operations, including any
presidential directives and delegations of authority
received since the last quarterly update.
``(4) An overview of critical operational
challenges posed by major adversaries or encountered in
operational activities conducted since the last
quarterly update.
``(5) An overview of the readiness of the Cyber
Mission Forces to perform assigned missions that--
``(A) addresses all of the abilities of
such Forces to conduct cyberspace operations
based on capability and capacity of personnel,
equipment, training, and equipment condition--
``(i) using both quantitative and
qualitative metrics; and
``(ii) in a way that is common to
all military departments; and
``(B) is consistent with readiness
reporting pursuant to section 482 of this
title.
``(6) Any other matters that the briefers determine
to be appropriate.
``(c) Documents.--Each briefing under subsection (a) shall
include a classified placemat, summarizing the elements
specified in paragraphs (1), (2), (3), and (5) of subsection
(b), and an unclassified memorandum, summarizing the briefing's
contents.''.
SEC. 1704. CLARIFICATION RELATING TO PROTECTION FROM LIABILITY OF
OPERATIONALLY CRITICAL CONTRACTORS.
Paragraph (1) of section 391(d) of title 10, United States
Code, is amended--
(1) by inserting ``and contract requirements
established pursuant to Defense Federal Acquisition
Regulation Supplement clause 252.204-7012, Safeguarding
Covered Defense Information and Cyber Incident
Reporting,'' after ``compliance with this section'';
and
(2) by inserting ``and such contract requirements''
before the period.
SEC. 1705. STRENGTHENING FEDERAL NETWORKS; CISA CYBERSECURITY SUPPORT
TO AGENCIES.
Section 3553 of title 44, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6)(D), by striking
``and'' after the semicolon;
(B) by redesignating paragraph (7) as
paragraph (9); and
(C) by inserting after paragraph (6) the
following new paragraphs:
``(7) hunting for and identifying, with or without
advance notice to or authorization from agencies,
threats and vulnerabilities within Federal information
systems;
``(8) upon request by an agency, and at the
Secretary's discretion, with or without reimbursement--
``(A) providing services, functions, and
capabilities, including operation of the
agency's information security program, to
assist the agency with meeting the requirements
set forth in section 3554(b); and
``(B) deploying, operating, and maintaining
secure technology platforms and tools,
including networks and common business
applications, for use by the agency to perform
agency functions, including collecting,
maintaining, storing, processing,
disseminating, and analyzing information;
and''; and
(2) by adding at the end the following new
subsection:
``(l) Information Sharing.--
``(1) In general.--Notwithstanding any other
provision of law, including any provision of law that
would otherwise restrict or prevent the head of an
agency from disclosing information to the Secretary,
the Secretary in carrying out this section and title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651
et seq.) may access, use, retain, and disclose, and the
head of an agency may disclose to the Secretary,
information, for the purpose of protecting information
and information systems from cybersecurity risks.
``(2) Exception.--Paragraph (1) shall not apply to
national security systems or to information systems
described in paragraph (2) or (3) of subsection (e).''.
SEC. 1706. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE
REVIEW.
Section 1644(c) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), as amended by section
1635 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92), is further amended--
(1) by amending paragraph (1) to read as follows:
``(1) The assessment and definition of the role of
cyber forces in the national defense and military
strategies of the United States.'';
(2) by amending paragraph (2) to read as follows:
``(2) Review of the following:
``(A) The role of cyber operations in
combatant commander warfighting plans.
``(B) The ability of combatant commanders
to respond to adversary cyber attacks.
``(C) The international partner cyber
capacity-building programs of the
Department.'';
(3) by amending paragraph (3) to read as follows:
``(3) A review of the law, policies, and
authorities relating to, and necessary for, the United
States to maintain a safe, reliable, and credible cyber
posture for defending against and responding to cyber
attacks and for deterrence in cyberspace, including the
following:
``(A) An assessment of the need for further
delegation of cyber-related authorities,
including those germane to information warfare,
to the Commander of United States Cyber
Command.
``(B) An evaluation of the adequacy of
mission authorities for all cyber-related
military components, defense agencies,
directorates, centers, and commands.'';
(4) in paragraph (4), by striking ``A declaratory''
and inserting ``A review of the need for or for updates
to a declaratory'';
(5) in paragraph (5), by striking ``Proposed'' and
inserting ``A review of'';
(6) by amending paragraph (6) to read as follows:
``(6) A review of a strategy to deter, degrade, or
defeat malicious cyber activity targeting the United
States (which may include activities, capability
development, and operations other than cyber
activities, cyber capability development, and cyber
operations), including--
``(A) a review and assessment of various
approaches to competition and deterrence in
cyberspace, determined in consultation with
experts from Government, academia, and
industry;
``(B) a comparison of the strengths and
weaknesses of the approaches identified
pursuant to subparagraph (A) relative to the
threat of each other; and
``(C) an assessment as to how the cyber
strategy will inform country-specific campaign
plans focused on key leadership of Russia,
China, Iran, North Korea, and any other country
the Secretary considers appropriate.'';
(7) by striking paragraph (8) and inserting the
following new paragraph (8):
``(8) A comprehensive force structure assessment of
the Cyber Operations Forces of the Department for the
posture review period, including the following:
``(A) A determination of the appropriate
size and composition of the Cyber Mission
Forces to accomplish the mission requirements
of the Department.
``(B) An assessment of the Cyber Mission
Forces' personnel, capabilities, equipment,
funding, operational concepts, and ability to
execute cyber operations in a timely fashion.
``(C) An assessment of the personnel,
capabilities, equipment, funding, and
operational concepts of Cybersecurity Service
Providers and other elements of the Cyber
Operations Forces.'';
(8) by redesignating paragraphs (9) through (11) as
subsections (12) through (14), respectively; and
(9) by inserting after paragraph (8), the following
new paragraphs:
``(9) An assessment of whether the Cyber Mission
Force has the appropriate level of interoperability,
integration, and interdependence with special
operations and conventional forces.
``(10) An evaluation of the adequacy of mission
authorities for the Joint Force Provider and Joint
Force Trainer responsibilities of United States Cyber
Command, including the adequacy of the units designated
as Cyber Operations Forces to support such
responsibilities.
``(11) An assessment of the missions and resourcing
of the combat support agencies in support of cyber
missions of the Department.''.
SEC. 1707. MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CYBER OPERATIONS-PECULIAR CAPABILITY
DEVELOPMENT PROJECTS.
Section 1640 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(2) in subsection (a)--
(A) by striking ``The Secretary of
Defense'' and inserting ``Subject to subsection
(b), the Commander of the United States Cyber
Command'';
(B) by striking ``per service'' and
inserting ``per use''; and
(C) by striking ``through 2022'' and
inserting ``through 2025'';
(3) by inserting after subsection (a) the
following:
``(b) Limitation.--(1) Each fiscal year, the Secretaries of
the military departments concerned may each obligate and expend
under subsection (a) not more than $10,000,000.
``(2) Each fiscal year, the Commander of the United
States Cyber Command may obligate and expend under
subsection (a) not more than $6,000,000.''; and
(4) in subsection (d), as so redesignated, by
striking ``through 2022'' and inserting ``through
2025''.
SEC. 1708. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED
STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR
OFFENSIVE CYBER OPERATIONS.
(a) Personnel Management Authority for Commander of United
States Cyber Command to Attract Experts in Science and
Engineering.--Section 1599h of title 10, United States Code, as
amended by section 1602 of this Act, is further amended--
(1) in subsection (a), by adding at the end the
following:
``(8) United states cyber command.--The Commander
of United States Cyber Command may carry out a program
of personnel management authority provided in
subsection (b) in order to facilitate the recruitment
of eminent experts in computer science, data science,
engineering, mathematics, and computer network
exploitation within the headquarters of United States
Cyber Command and the Cyber National Mission Force.'';
and
(2) in subsection (b)(1)--
(A) in subparagraph (F), by striking
``and'' after the semicolon;
(B) in subparagraph (G), by inserting
``and'' after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(H) in the case of United States Cyber
Command, appoint computer scientists, data
scientists, engineers, mathematicians, and
computer network exploitation specialists to a
total of not more than 10 scientific and
engineering positions in the Command;''.
(b) Program to Develop Accesses, Discover Vulnerabilities,
and Engineer Cyber Tools and Develop Tactics, Techniques, and
Procedures for Offensive Cyber Operations.--
(1) In general.--Pursuant to the authority provided
under section 1599h(a)(8) of title 10, United States
Code, as added by subsection (a), the Commander of
United States Cyber Command shall establish a program
or augment an existing program within the Command to
develop accesses, discover vulnerabilities, and
engineer cyber tools and develop tactics, techniques,
and procedures for the use of these assets and
capabilities in offensive cyber operations.
(2) Elements.--The program or augmented program
required by paragraph (1) shall--
(A) develop accesses, discover
vulnerabilities, and engineer cyber tools and
develop tactics, techniques, and procedures fit
for Department of Defense military operations
in cyberspace, such as reliability, meeting
short development and operational timelines,
low cost, and expendability;
(B) aim to decrease the reliance of Cyber
Command on accesses, tools, and expertise
provided by the intelligence community;
(C) be designed to provide technical and
operational expertise on par with that of
programs of the intelligence community;
(D) enable the Commander to attract and
retain expertise resident in the private sector
and other technologically elite government
organizations; and
(E) coordinate development activities with,
and, as appropriate, facilitate transition of
capabilities from, the Defense Advanced
Research Projects Agency, the Strategic
Capabilities Office, and components within the
intelligence community.
(3) Intelligence community defined.--In this
subsection, the term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1709. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM
TO DEPARTMENT OF NAVY.
(a) In General.--Section 1651 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following new subsection:
``(f) Applicability.--The requirements of this section
shall apply in full to the Department of the Navy, including
the Sharkcage and associated programs.''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy, the program
manager of the Unified Platform program, the Chief Information
Officer, and the Principal Cyber Advisor shall jointly brief
the congressional defense committees on the compliance of the
Department of the Navy with the requirements of such section,
as amended by subsection (a).
SEC. 1710. REPORT ON CYBER INSTITUTES PROGRAM.
Section 1640 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2310; 10 U.S.C. 2200 note) is amended by adding at the
end the following:
``(g) Report to Congress.--Not later than September 30,
2021, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the effectiveness of the Cyber
Institutes and on opportunities to expand the Cyber Institutes
to additional select institutions of higher learning that have
a Reserve Officers' Training Corps program.''.
SEC. 1711. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED
STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is
amended--
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 1712. MODIFICATION OF REQUIREMENTS RELATING TO THE STRATEGIC
CYBERSECURITY PROGRAM AND THE EVALUATION OF CYBER
VULNERABILITIES OF MAJOR WEAPON SYSTEMS OF THE
DEPARTMENT OF DEFENSE.
(a) Evaluation of Cyber Vulnerabilities of Major Weapon
Systems of the Department of Defense.--
(1) In general.--Section 1647 of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2224 note), as amended by section
1633 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further
amended by adding at the end the following new
subsections:
``(i) Establishing Requirements for Periodicity of
Vulnerability Reviews.--The Secretary of Defense shall
establish policies and requirements for each major weapon
system, and the priority critical infrastructure essential to
the proper functioning of major weapon systems in broader
mission areas, to be re-assessed for cyber vulnerabilities,
taking into account upgrades or other modifications to systems
and changes in the threat landscape.
``(j) Identification of Senior Official.--Each secretary of
a military department shall identify a senior official who
shall be responsible for ensuring that cyber vulnerability
assessments and mitigations for weapon systems and critical
infrastructure are planned, funded, and carried out.''.
(2) Technical correction.--Such section 1647 of the
National Defense Authorization Act for Fiscal Year 2016
is further amended--
(A) by redesignating subsection (g) as
subsection (h); and
(B) by redesignating the second subsection
(f), as added by section 1633 of the National
Defense Authorization Act for Fiscal Year 2020,
as subsection (g).
(b) Strategic Cybersecurity Program.--Section 1640 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 2224 note), is amended by striking
subsections (a) through (e) and inserting the following new
subsections:
``(a) In General.--Not later than August 1, 2021, the
Secretary of Defense shall, acting through the Under Secretary
of Defense for Acquisition and Sustainment, the Chief
Information Officer, the Vice Chairman of the Joint Chiefs of
Staff, the Commander of United States Cyber Command, and the
Director of the National Security Agency, establish a program
to be known as the `Strategic Cybersecurity Program' (in this
section referred to as the `Program') to ensure that the
Department of Defense is always able to conduct the most
important military missions of the Department.
``(b) Personnel Support to the Program.--
``(1) In general.--The Director of the National
Security Agency shall establish a program office within
the Cybersecurity Directorate to support the Program by
identifying threats to, vulnerabilities in, and
remediations for the missions and mission elements
described in paragraph (1) of subsection (c). Such
program office shall be headed by a program manager
selected by the Director.
``(2) National security agency program office staff
augmentation.--The Secretary may augment the personnel
assigned to the program office required under paragraph
(1) by assigning personnel as appropriate from among
regular and reserve members of the Armed Forces,
civilian employees of the Department of Defense
(including the Defense intelligence agencies), and
personnel of the research laboratories of the
Department and the Department of Energy, who have
particular expertise in the areas of responsibility
described in subsection (c).
``(3) Department of energy personnel.--Any
personnel assigned to the program office from among
personnel of the Department of Energy shall be so
assigned with the concurrence of the Secretary of
Energy.
``(c) Responsibilities.--
``(1) Designation of mission elements of the
program.--The Under Secretary of Defense for Policy,
the Under Secretary of Defense for Acquisition and
Sustainment, and the Vice Chairman of the Joint Chiefs
of Staff shall identify and designate for inclusion in
the Program all of the systems, critical
infrastructure, kill chains, and processes, including
systems and components in development, that comprise
the following military missions of the Department of
Defense:
``(A) Nuclear deterrence and strike.
``(B) Select long-range conventional strike
missions germane to the warfighting plans of
United States European Command and United
States Indo-Pacific Command.
``(C) Offensive cyber operations.
``(D) Homeland missile defense.
``(2) Office of the under secretary of defense for
acquisition and sustainment.--The Office of the Under
Secretary of Defense for Acquisition and Sustainment
shall serve as the office of primary responsibility for
the Program, providing policy, direction, and oversight
regarding the execution of the National Security Agency
program manager's responsibilities described in
paragraph (5).
``(3) Vice chairman of the joint chiefs of staff.--
The Vice Chairman of the Joint Chiefs of Staff shall
coordinate the identification and prioritization of the
missions and mission components, and the development
and approval of requirements relating to the
cybersecurity of the missions and mission components,
of the Program.
``(4) Chief information officer.--The Chief
Information Officer, in exercising authority,
direction, and control over the Cybersecurity
Directorate of the National Security Agency, shall
ensure that the National Security Agency program office
is responsive to the requirements and direction of the
Under Secretary of Defense for Acquisition and
Sustainment.
``(5) Program manager.--The program manager shall
be responsible for--
``(A) Conducting end-to-end vulnerability
assessments of the missions of the Program and
their constituent systems, infrastructure, kill
chains, and processes.
``(B) Prioritizing and facilitating the
remediation of identified vulnerabilities in
the constituent systems, infrastructure, kill
chains, and processes of the missions of the
Program.
``(C) Conducting, prior to the Milestone B
approval for any such system or infrastructure,
appropriate reviews of acquisition and system
engineering plans for proposed systems and
infrastructure germane to the missions of the
Program, in accordance with the Under Secretary
of Defense for Acquisition and Sustainment's
policy and guidance regarding the components of
such reviews and the range of systems and
infrastructure to be reviewed.
``(D) Advising the military departments,
combatant commands, and Joint Staff on the
vulnerabilities and cyberattack vectors that
pose substantial risk to the missions of the
Program and their constituent systems, critical
infrastructure, kill chains, or processes.
``(6) Secretary of defense directive.--The
Secretary of Defense shall define and issue guidance on
the roles and responsibilities for other components
with respect to the Program, including--
``(A) the military departments' acquisition
and sustainment organizations in supporting and
implementing remedial actions;
``(B) the alignment of Cyber Protection
Teams with the prioritized missions of the
Program;
``(C) the role of the Director of
Operational Test and Evaluation in conducting
periodic assessments, including through red
teams, of the cybersecurity of missions in the
Program; and
``(D) the role of the Principal Cyber
Adviser in coordinating and monitoring the
Department's execution of the Program.
``(d) Integration With Other Efforts.--The Under Secretary
of Defense for Acquisition and Sustainment shall ensure that
the Program builds upon, and does not duplicate, other efforts
of the Department of Defense relating to cybersecurity,
including the following:
``(1) The evaluation of cyber vulnerabilities of
major weapon systems of the Department of Defense
required under section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92).
``(2) The evaluation of cyber vulnerabilities of
Department of Defense critical infrastructure required
under section 1650 of the National Defense
Authorization Act for Fiscal year 2017 (Public Law 114-
328; 10 U.S.C. 2224 note).
``(3) The activities of the cyber protection teams
of the Department of Defense.
``(e) Briefing.--Not later than December 1, 2021, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the establishment of the Program, and
the plans, funding, and staffing of the Program.''.
SEC. 1713. MODIFICATION OF POSITION OF PRINCIPAL CYBER ADVISOR.
(a) In General.--Subsection (c) of section 932 of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 10 U.S.C. 2224 note) is amended to read as follows:
``(c) Principal Cyber Advisor.--
``(1) Designation.--The Secretary shall designate a
Principal Cyber Advisor from among those civilian
officials of the Department of Defense who have been
appointed to the positions in which they serve by the
President, by and with the advice and consent of the
Senate.
``(2) Responsibilities.--The Principal Cyber
Advisor shall be responsible for the following:
``(A) Acting as the principal advisor to
the Secretary on military cyber forces and
activities.
``(B) Overall integration of Cyber
Operations Forces activities relating to
cyberspace operations, including associated
policy and operational considerations,
resources, personnel, technology development
and transition, and acquisition.
``(C) Assessing and overseeing the
implementation of the cyber strategy of the
Department and execution of the cyber posture
review of the Department on behalf of the
Secretary.
``(D) Coordinating activities pursuant to
subparagraphs (A) and (B) of subsection (c)(3)
with the Principal Information Operations
Advisor, the Chief Information Officer of the
Department, and other officials as determined
by the Secretary of Defense, to ensure the
integration of activities in support of cyber,
information, and electromagnetic spectrum
operations.
``(E) Such other matters relating to the
offensive military cyber forces of the
Department as the Secretary shall specify for
the purposes of this subsection.
``(3) Cross-functional team.--Consistent with
section 911 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111
note), the Principal Cyber Advisor shall--
``(A) integrate the cyber expertise and
perspectives of appropriate organizations
within the Office of the Secretary of Defense,
Joint Staff, military departments, the Defense
Agencies and Field Activities, and combatant
commands, by establishing and maintaining a
full-time cross-functional team of subject
matter experts from those organizations; and
``(B) select team members, and designate a
team leader, from among those personnel
nominated by the heads of such
organizations.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by striking ``Under
Secretary of Defense for Policy'' and inserting ``Secretary of
Defense''.
SEC. 1714. CYBERSPACE SOLARIUM COMMISSION.
Section 1652 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by--
(i) striking clauses (i) through
(iv); and
(ii) redesignating clauses (v)
through (viii) as clauses (i) through
(iv), respectively; and
(B) in subparagraph (B)(i), by striking
``and who are appointed under clauses (iv)
through (vii) of subparagraph (A)'';
(2) in subsection (d)(2), by striking ``Seven'' and
inserting ``Six'';
(3) in subsection (h), by--
(B) striking ``(1) in general.--''; and
(C) striking paragraph (2);
(4) in subsection (i)(1)(B), by striking ``officers
or employees of the United States or''; and
(5) in subsection (k)(2)--
(A) in subparagraph (A)--
(i) by striking ``at the end of the
120-day period beginning on'' and
inserting ``20 months after''; and
(ii) by adding at the end the
following new sentence: ``No extension
of the Commission is permitted.'';
(B) in subparagraph (B), by--
(i) striking ``may use the 120-
day'' and inserting ``shall use the 20-
month'';
(ii) striking ``for the purposes of
concluding its activities, including
providing testimony to Congress
concerning the final report referred to
in that paragraph and disseminating the
report'' and inserting the following:
``for the purposes of--'':
``(i) collecting and assessing
comments and feedback from the
Executive Branch, academia, and the
public on the analysis and
recommendations contained in the
Commission's report;
``(ii) collecting and assessing any
developments in cybersecurity that may
affect the analysis and recommendations
contained in the Commission's report;
``(iii) reviewing the
implementation of the recommendations
contained in the Commission's report;
``(iv) revising, amending, or
making new recommendations based on the
assessments and reviews required under
clauses (i)-(iii);
``(v) providing an annual update to
the congressional defense committees,
the congressional intelligence
committees, the Committee on Homeland
Security of the House of
Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, the Director of
National Intelligence, the Secretary of
Defense, and the Secretary of Homeland
Security in a manner and format
determined by the Commission regarding
any such revisions, amendments, or new
recommendations; and
``(vi) concluding its activities,
including providing testimony to
Congress concerning the final report
referred to in that paragraph and
disseminating the report.''; and
(C) by adding at the end the following new
subparagraph:
``(C) If the Commission is extended, and
the effective date of such extension is after
the date on which the Commission terminated,
the Commission shall be deemed reconstituted
with the same members and powers that existed
on the day before such termination date, except
that--
``(i) a member of the Commission
may serve only if the member's position
continues to be authorized under
subsection (b);
``(ii) no compensation or
entitlements relating to a person's
status with the Commission shall be due
for the period between the termination
and reconstitution of the Commission;
``(iii) nothing in this
subparagraph may be construed as
requiring the extension or reemployment
of any staff member or contractor
working for the Commission;
``(iv) the staff of the Commission
shall be--
``(I) selected by the co-
chairs of the Commission in
accordance with subsection
(h)(1);
``(II) comprised of not
more than four individuals,
including a staff director; and
``(III) resourced in
accordance with subsection
(g)(4)(A);
``(v) with the approval of the co-
chairs, may be provided by contract
with a nongovernmental organization;
``(vi) any unexpended funds made
available for the use of the Commission
shall continue to be available for use
for the life of the Commission, as well
as any additional funds appropriated to
the Department of Defense that are made
available to the Commission, provided
that the total such funds does not
exceed $1,000,000 from the
reconstitution of the Commission to the
completion of the Commission; and
``(vii) the requirement for an
assessment of the final report in
subsection (l) shall be updated to
require every ten months for a period
of 20 months further assessments of the
Federal Government's responses to the
Commission's recommendations contained
in such final report.''.
SEC. 1715. ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY OF JOINT
CYBER PLANNING OFFICE.
(a) Amendment.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2215. JOINT CYBER PLANNING OFFICE.
``(a) Establishment of Office.--There is established in the
Agency an office for joint cyber planning (in this section
referred to as the `Office') to develop, for public and private
sector entities, plans for cyber defense operations, including
the development of a set of coordinated actions to protect,
detect, respond to, and recover from cybersecurity risks or
incidents or limit, mitigate, or defend against coordinated,
malicious cyber operations that pose a potential risk to
critical infrastructure or national interests. The Office shall
be headed by a senior official of the Agency selected by the
Director.
``(b) Planning and Execution.--In leading the development
of plans for cyber defense operations pursuant to subsection
(a), the head of the Office shall--
``(1) coordinate with relevant Federal departments
and agencies to establish processes and procedures
necessary to develop and maintain ongoing coordinated
plans for cyber defense operations;
``(2) leverage cyber capabilities and authorities
of participating Federal departments and agencies, as
appropriate, in furtherance of plans for cyber defense
operations;
``(3) ensure that plans for cyber defense
operations are, to the greatest extent practicable,
developed in collaboration with relevant private sector
entities, particularly in areas in which such entities
have comparative advantages in limiting, mitigating, or
defending against a cybersecurity risk or incident or
coordinated, malicious cyber operation;
``(4) ensure that plans for cyber defense
operations, as appropriate, are responsive to potential
adversary activity conducted in response to United
States offensive cyber operations;
``(5) facilitate the exercise of plans for cyber
defense operations, including by developing and
modeling scenarios based on an understanding of
adversary threats to, vulnerability of, and potential
consequences of disruption or compromise of critical
infrastructure;
``(6) coordinate with and, as necessary, support
relevant Federal departments and agencies in the
establishment of procedures, development of additional
plans, including for offensive and intelligence
activities in support of cyber defense operations, and
creation of agreements necessary for the rapid
execution of plans for cyber defense operations when a
cybersecurity risk or incident or malicious cyber
operation has been identified; and
``(7) support public and private sector entities,
as appropriate, in the execution of plans developed
pursuant to this section.
``(c) Composition.--The Office shall be composed of--
``(1) a central planning staff; and
``(2) appropriate representatives of Federal
departments and agencies, including--
``(A) the Department;
``(B) United States Cyber Command;
``(C) the National Security Agency;
``(D) the Federal Bureau of Investigation;
``(E) the Department of Justice; and
``(F) the Office of the Director of
National Intelligence.
``(d) Consultation.--In carrying out its responsibilities
described in subsection (b), the Office shall regularly consult
with appropriate representatives of non-Federal entities, such
as--
``(1) State, local, federally-recognized Tribal,
and territorial governments;
``(2) information sharing and analysis
organizations, including information sharing and
analysis centers;
``(3) owners and operators of critical information
systems;
``(4) private entities; and
``(5) other appropriate representatives or
entities, as determined by the Secretary.
``(e) Interagency Agreements.--The Secretary and the head
of a Federal department or agency referred to in subsection (c)
may enter into agreements for the purpose of detailing
personnel on a reimbursable or non-reimbursable basis.
``(f) Definitions.--In this section:
``(1) Cyber defense operation.--The term `cyber
defense operation' means defensive activities performed
for a cybersecurity purpose.
``(2) Cybersecurity purpose.--The term
`cybersecurity purpose' has the meaning given such term
in section 102 of the Cybersecurity Act of 2015
(contained in division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C.
1501)).
``(3) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings
given such terms in section 2209.
``(4) Information sharing and analysis
organization.--The term `information sharing and
analysis organization' has the meaning given such term
in section 2222(5).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
is amended by inserting after the item relating to section 2214
the following new item:
``Sec. 2215. Joint cyber planning office.''.
SEC. 1716. SUBPOENA AUTHORITY.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through
(6) as paragraphs (2) through (7),
respectively;
(B) by inserting before paragraph (2), as
so redesignated, the following new paragraph:
``(1) the term `cybersecurity purpose' has the
meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501);'';
(C) in paragraph (6), as so redesignated,
by striking ``and'' at the end;
(D) by redesignating paragraph (7), as so
redesignated, as paragraph (8); and
(E) by inserting after paragraph (6), as so
redesignated, the following new paragraph:
``(7) the term `security vulnerability' has the
meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501); and'';
(2) in subsection (c)--
(A) in paragraph (10), by striking ``and''
at the end;
(B) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(12) detecting, identifying, and receiving
information for a cybersecurity purpose about security
vulnerabilities relating to critical infrastructure in
information systems and devices.''; and
(3) by adding at the end the following new
subsection:
``(o) Subpoena Authority.--
``(1) Definition.--In this subsection, the term
`covered device or system'--
``(A) means a device or system commonly
used to perform industrial, commercial,
scientific, or governmental functions or
processes that relate to critical
infrastructure, including operational and
industrial control systems, distributed control
systems, and programmable logic controllers;
and
``(B) does not include personal devices and
systems, such as consumer mobile devices, home
computers, residential wireless routers, or
residential internet enabled consumer devices.
``(2) Authority.--
``(A) In general.--If the Director
identifies a system connected to the internet
with a specific security vulnerability and has
reason to believe such security vulnerability
relates to critical infrastructure and affects
a covered device or system, and the Director is
unable to identify the entity at risk that owns
or operates such covered device or system, the
Director may issue a subpoena for the
production of information necessary to identify
and notify such entity at risk, in order to
carry out a function authorized under
subsection (c)(12).
``(B) Limit on information.--A subpoena
issued pursuant to subparagraph (A) may seek
information--
``(i) only in the categories set
forth in subparagraphs (A), (B), (D),
and (E) of section 2703(c)(2) of title
18, United States Code; and
``(ii) for not more than 20 covered
devices or systems.
``(C) Liability protections for disclosing
providers.--The provisions of section 2703(e)
of title 18, United States Code, shall apply to
any subpoena issued pursuant to subparagraph
(A).
``(3) Coordination.--
``(A) In general.--If the Director
exercises the subpoena authority under this
subsection, and in the interest of avoiding
interference with ongoing law enforcement
investigations, the Director shall coordinate
the issuance of any such subpoena with the
Department of Justice, including the Federal
Bureau of Investigation, pursuant to
interagency procedures which the Director, in
coordination with the Attorney General, shall
develop not later than 60 days after the date
of the enactment of this subsection.
``(B) Contents.--The inter-agency
procedures developed under this paragraph shall
provide that a subpoena issued by the Director
under this subsection shall be--
``(i) issued to carry out a
function described in subsection
(c)(12); and
``(ii) subject to the limitations
specified in this subsection.
``(4) Noncompliance.--If any person, partnership,
corporation, association, or entity fails to comply
with any duly served subpoena issued pursuant to this
subsection, the Director may request that the Attorney
General seek enforcement of such subpoena in any
judicial district in which such person, partnership,
corporation, association, or entity resides, is found,
or transacts business.
``(5) Notice.--Not later than seven days after the
date on which the Director receives information
obtained through a subpoena issued pursuant to this
subsection, the Director shall notify any entity
identified by information obtained pursuant to such
subpoena regarding such subpoena and the identified
vulnerability.
``(6) Authentication.--
``(A) In general.--Any subpoena issued
pursuant to this subsection shall be
authenticated with a cryptographic digital
signature of an authorized representative of
the Agency, or other comparable successor
technology, that allows the Agency to
demonstrate that such subpoena was issued by
the Agency and has not been altered or modified
since such issuance.
``(B) Invalid if not authenticated.--Any
subpoena issued pursuant to this subsection
that is not authenticated in accordance with
subparagraph (A) shall not be considered to be
valid by the recipient of such subpoena.
``(7) Procedures.--Not later than 90 days after the
date of the enactment of this subsection, the Director
shall establish internal procedures and associated
training, applicable to employees and operations of the
Agency, regarding subpoenas issued pursuant to this
subsection, which shall address the following:
``(A) The protection of and restriction on
dissemination of nonpublic information obtained
through such a subpoena, including a
requirement that the Agency not disseminate
nonpublic information obtained through such a
subpoena that identifies the party that is
subject to such subpoena or the entity at risk
identified by information obtained, except that
the Agency may share the nonpublic information
with the Department of Justice for the purpose
of enforcing such subpoena in accordance with
paragraph (4), and may share with a Federal
agency the nonpublic information of the entity
at risk if--
``(i) the Agency identifies or is
notified of a cybersecurity incident
involving such entity, which relates to
the vulnerability which led to the
issuance of such subpoena;
``(ii) the Director determines that
sharing the nonpublic information with
another Federal department or agency is
necessary to allow such department or
agency to take a law enforcement or
national security action, consistent
with the interagency procedures under
paragraph (3)(A), or actions related to
mitigating or otherwise resolving such
incident;
``(iii) the entity to which the
information pertains is notified of the
Director's determination, to the extent
practicable consistent with national
security or law enforcement interests,
consistent with such interagency
procedures; and
``(iv) the entity consents, except
that the entity's consent shall not be
required if another Federal department
or agency identifies the entity to the
Agency in connection with a suspected
cybersecurity incident.
``(B) The restriction on the use of
information obtained through such a subpoena
for a cybersecurity purpose.
``(C) The retention and destruction of
nonpublic information obtained through such a
subpoena, including--
``(i) destruction of such
information that the Director
determines is unrelated to critical
infrastructure immediately upon
providing notice to the entity pursuant
to paragraph (5); and
``(ii) destruction of any
personally identifiable information not
later than 6 months after the date on
which the Director receives information
obtained through such a subpoena,
unless otherwise agreed to by the
individual identified by the subpoena
respondent.
``(D) The processes for providing notice to
each party that is subject to such a subpoena
and each entity identified by information
obtained under such a subpoena.
``(E) The processes and criteria for
conducting critical infrastructure security
risk assessments to determine whether a
subpoena is necessary prior to being issued
pursuant to this subsection.
``(F) The information to be provided to an
entity at risk at the time of the notice of the
vulnerability, which shall include--
``(i) a discussion or statement
that responding to, or subsequent
engagement with, the Agency, is
voluntary; and
``(ii) to the extent practicable,
information regarding the process
through which the Director identifies
security vulnerabilities.
``(8) Limitation on procedures.--The internal
procedures established pursuant to paragraph (7) may
not require an owner or operator of critical
infrastructure to take any action as a result of a
notice of vulnerability made pursuant to this Act.
``(9) Review of procedures.--Not later than 1 year
after the date of the enactment of this subsection, the
Privacy Officer of the Agency shall--
``(A) review the internal procedures
established pursuant to paragraph (7) to ensure
that--
``(i) such procedures are
consistent with fair information
practices; and
``(ii) the operations of the Agency
comply with such procedures; and
``(B) notify the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the
House of Representatives of the results of the
review under subparagraph (A).
``(10) Publication of information.--Not later than
120 days after establishing the internal procedures
under paragraph (7), the Director shall publish
information on the website of the Agency regarding the
subpoena process under this subsection, including
information regarding the following:
``(A) Such internal procedures.
``(B) The purpose for subpoenas issued
pursuant to this subsection.
``(C) The subpoena process.
``(D) The criteria for the critical
infrastructure security risk assessment
conducted prior to issuing a subpoena.
``(E) Policies and procedures on retention
and sharing of data obtained by subpoenas.
``(F) Guidelines on how entities contacted
by the Director may respond to notice of a
subpoena.
``(11) Annual reports.--The Director shall annually
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report (which may include a classified annex but with
the presumption of declassification) on the use of
subpoenas issued pursuant to this subsection, which
shall include the following:
``(A) A discussion of the following:
``(i) The effectiveness of the use
of such subpoenas to mitigate critical
infrastructure security
vulnerabilities.
``(ii) The critical infrastructure
security risk assessment process
conducted for subpoenas issued under
this subsection.
``(iii) The number of subpoenas so
issued during the preceding year.
``(iv) To the extent practicable,
the number of vulnerable covered
devices or systems mitigated under this
subsection by the Agency during the
preceding year.
``(v) The number of entities
notified by the Director under this
subsection, and their responses, during
the preceding year.
``(B) For each subpoena issued pursuant to
this subsection, the following:
``(i) Information relating to the
source of the security vulnerability
detected, identified, or received by
the Director.
``(ii) Information relating to the
steps taken to identify the entity at
risk prior to issuing the subpoena.
``(iii) A description of the
outcome of the subpoena, including
discussion on the resolution or
mitigation of the critical
infrastructure security vulnerability.
``(12) Publication of the annual reports.--The
Director shall publish a version of the annual report
required under paragraph (11) on the website of the
Agency, which shall, at a minimum, include the findings
described in clauses (iii), (iv), and (v) of
subparagraph (A) of such paragraph.
``(13) Prohibition on use of information for
unauthorized purposes.--Any information obtained
pursuant to a subpoena issued under this subsection may
not be provided to any other Federal department or
agency for any purpose other than a cybersecurity
purpose or for the purpose of enforcing a subpoena
issued pursuant to this subsection.''.
(b) Rules of Construction.--
(1) Prohibition on new regulatory authority.--
Nothing in this section or the amendments made by this
section may be construed to grant the Secretary of
Homeland Security, or the head of any another Federal
agency or department, any authority to promulgate
regulations or set standards relating to the
cybersecurity of private sector critical infrastructure
that was not in effect on the day before the date of
the enactment of this Act.
(2) Private entities.--Nothing in this section or
the amendments made by this section may be construed to
require any private entity to--
(A) request assistance from the Director of
the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security;
or
(B) implement any measure or recommendation
suggested by the Director.
SEC. 1717. CYBERSECURITY STATE COORDINATOR.
(a) Cybersecurity State Coordinator.--
(1) In general.--Subtitle A of title XXII of the
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is
amended--
(A) in section 2202(c) (6 U.S.C. 652(c))--
(i) in paragraph (10), by striking
``and'' at the end;
(ii) by redesignating paragraph
(11) as paragraph (12); and
(iii) by inserting after paragraph
(10) the following:
``(11) appoint a Cybersecurity State Coordinator in
each State, as described in section 2215; and''; and
(B) by adding at the end the following new
section:
``SEC. 2215. CYBERSECURITY STATE COORDINATOR.
``(a) Appointment.--The Director shall appoint an employee
of the Agency in each State, with the appropriate cybersecurity
qualifications and expertise, who shall serve as the
Cybersecurity State Coordinator.
``(b) Duties.--The duties of a Cybersecurity State
Coordinator appointed under subsection (a) shall include--
``(1) building strategic public and, on a voluntary
basis, private sector relationships, including by
advising on establishing governance structures to
facilitate the development and maintenance of secure
and resilient infrastructure;
``(2) serving as the Federal cybersecurity risk
advisor and supporting preparation, response, and
remediation efforts relating to cybersecurity risks and
incidents;
``(3) facilitating the sharing of cyber threat
information to improve understanding of cybersecurity
risks and situational awareness of cybersecurity
incidents;
``(4) raising awareness of the financial,
technical, and operational resources available from the
Federal Government to non-Federal entities to increase
resilience against cyber threats;
``(5) supporting training, exercises, and planning
for continuity of operations to expedite recovery from
cybersecurity incidents, including ransomware;
``(6) serving as a principal point of contact for
non-Federal entities to engage, on a voluntary basis,
with the Federal Government on preparing, managing, and
responding to cybersecurity incidents;
``(7) assisting non-Federal entities in developing
and coordinating vulnerability disclosure programs
consistent with Federal and information security
industry standards;
``(8) assisting State, local, Tribal, and
territorial governments, on a voluntary basis, in the
development of State cybersecurity plans;
``(9) coordinating with appropriate officials
within the Agency; and
``(10) performing such other duties as determined
necessary by the Director to achieve the goal of
managing cybersecurity risks in the United States and
reducing the impact of cyber threats to non-Federal
entities.
``(c) Feedback.--The Director shall consult with relevant
State, local, Tribal, and territorial officials regarding the
appointment, and State, local, Tribal, and territorial
officials and other non-Federal entities regarding the
performance, of the Cybersecurity State Coordinator of a
State.''.
(2) Coordination plan.--Not later than 60 days
after the date of the enactment of this Act, the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security
shall establish and submit to the Committee on Homeland
Security and Governmental Affairs in the Senate and the
Committee on Homeland Security in the House of
Representatives a plan describing the reporting
structure and coordination processes and procedures of
Cybersecurity State Coordinators within the
Cybersecurity and Infrastructure Security Agency under
section 2215 of the Homeland Security Act of 2002, as
added by paragraph (1)(B).
(3) Oversight.--The Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security shall provide to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives a briefing on the placement
and efficacy of the Cybersecurity State Coordinators
appointed under section 2215 of the Homeland Security
Act of 2002, as added by paragraph (1)(B), and the
coordination plan required under paragraph (2)--
(A) not later than one year after the date
of enactment of this Act; and
(B) not later than two years after
providing the first briefing under this
paragraph.
(4) Rule of construction.--Nothing in this
subsection or the amendments made by this subsection
may be construed to affect or otherwise modify the
authority of Federal law enforcement agencies with
respect to investigations relating to cybersecurity
incidents.
(5) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
2214 the following new item:
``Sec. 2215. Cybersecurity State Coordinator.''.
(b) Stakeholder Outreach and Operational Engagement
Strategy and Implementation Plan.--
(1) Strategy.--Not later than one year after the
date of the enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security shall issue a strategy
and subsequent implementation plan to improve
stakeholder outreach and operational engagement,
including the Agency's strategic and operational goals
and priorities for carrying out stakeholder engagement
activities.
(2) Contents.--The stakeholder outreach and
operational engagement strategy and implementation plan
issued pursuant to paragraph (1) shall include the
following:
(A) A catalogue of the stakeholder
engagement services delivered by the
Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security,
including the regions of the stakeholder
services delivered and the critical
infrastructure sectors (as such term is defined
in section 2001(3) of the Homeland Security Act
of 2002 (6 U.S.C. 601(3)) involved.
(B) An assessment of the capacity of
programs of the Agency to deploy personnel,
including the adequacy of such personnel to
meet service requests and the ability of such
personnel to engage with and deliver services
to stakeholders in urban, suburban, and rural
areas.
(C) Long-term objectives of such personnel,
including training of the workforce to optimize
the capabilities of such programs and capacity
goals.
(D) A description of programs, policies,
and activities used to carry out such
stakeholder engagement services under
subparagraph (A).
(E) Resources and personnel necessary to
effectively support critical infrastructure
owners and operators and, as appropriate, other
entities, including non-profit organizations,
based on current and projected demand for
Agency services.
(F) Guidance on how outreach to critical
infrastructure owners and operators in a region
should be prioritized.
(G) Plans to ensure that stakeholder
engagement personnel of the Agency have a clear
understanding of expectations for engagement
within each critical infrastructure sector and
subsector, whether during steady state or surge
capacity.
(H) Metrics for measuring how effective
stakeholder engagement services under
subparagraph (A) are at furthering the Agency's
strategic and operational goals and priorities.
(I) Mechanisms to track regional engagement
by personnel of the Agency with critical
infrastructure owners and operators, and how
frequently such engagement takes place.
(J) Plans for awareness campaigns to
familiarize critical infrastructure owners and
operators with security resources and support
offered by the Cybersecurity and Infrastructure
Security Agency.
(K) A description of how to prioritize
engagement with critical infrastructure sectors
based on threat information and the capacity of
such sectors to mitigate such threats
(L) Projected timelines, benchmarks, and
resource requirements to implement the Agency's
strategic goals and priorities.
(3) Stakeholder input.--In issuing the stakeholder
outreach and operational engagement strategy required
under paragraph (1), the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security shall, to the extent practicable,
solicit input from stakeholders representing the
following:
(A) Each of the critical infrastructure
sectors.
(B) Critical infrastructure owners and
operators located in each region in which the
Agency maintains a field office.
(4) Oversight.--Upon issuance of the stakeholder
outreach and operational engagement strategy and
implementation plan required under paragraph (1), the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security
shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate such strategy and plan, together with any
associated legislative or budgetary proposals relating
thereto.
SEC. 1718. CYBERSECURITY ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by
section 1715 of this Act, is further amended by adding at the
end the following new section:
``SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish within
the Agency a Cybersecurity Advisory Committee (referred to in
this section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee shall
advise, consult with, report to, and make
recommendations to the Director, as appropriate, on the
development, refinement, and implementation of
policies, programs, planning, and training pertaining
to the cybersecurity mission of the Agency.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee
shall develop, at the request of the Director,
recommendations for improvements to advance the
cybersecurity mission of the Agency and
strengthen the cybersecurity of the United
States.
``(B) Recommendations of subcommittees.--
Recommendations agreed upon by subcommittees
established under subsection (d) for any year
shall be approved by the Advisory Committee
before the Advisory Committee submits to the
Director the annual report under paragraph (4)
for that year.
``(3) Periodic reports.--The Advisory Committee
shall periodically submit to the Director--
``(A) reports on matters identified by the
Director; and
``(B) reports on other matters identified
by a majority of the members of the Advisory
Committee.
``(4) Annual report.--
``(A) In general.--The Advisory Committee
shall submit to the Director an annual report
providing information on the activities,
findings, and recommendations of the Advisory
Committee, including its subcommittees, for the
preceding year.
``(B) Publication.--Not later than 180 days
after the date on which the Director receives
an annual report for a year under subparagraph
(A), the Director shall publish a public
version of the report describing the activities
of the Advisory Committee and such related
matters as would be informative to the public
during that year, consistent with section
552(b) of title 5, United States Code.
``(5) Feedback.--Not later than 90 days after
receiving any recommendation submitted by the Advisory
Committee under paragraph (2), (3), or (4), the
Director shall respond in writing to the Advisory
Committee with feedback on the recommendation. Such a
response shall include--
``(A) with respect to any recommendation
with which the Director concurs, an action plan
to implement the recommendation; and
``(B) with respect to any recommendation
with which the Director does not concur, a
justification for why the Director does not
plan to implement the recommendation.
``(6) Congressional notification.--Not less
frequently than once per year after the date of
enactment of this section, the Director shall provide
to the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the
Senate and the Committee on Homeland Security, the
Committee on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives a
briefing on feedback from the Advisory Committee.
``(7) Governance rules.--The Director shall
establish rules for the structure and governance of the
Advisory Committee and all subcommittees established
under subsection (d).
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days
after the date of enactment of the
Cybersecurity Advisory Committee Authorization
Act of 2020, the Director shall appoint the
members of the Advisory Committee.
``(B) Composition.--The membership of the
Advisory Committee shall consist of not more
than 35 individuals.
``(C) Representation.--
``(i) In general.--The membership
of the Advisory Committee shall satisfy
the following criteria:
``(I) Consist of subject
matter experts.
``(II) Be geographically
balanced.
``(III) Include
representatives of State,
local, and Tribal governments
and of a broad range of
industries, which may include
the following:
``(aa) Defense.
``(bb) Education.
``(cc) Financial
services and insurance.
``(dd) Healthcare.
``(ee)
Manufacturing.
``(ff) Media and
entertainment.
``(gg) Chemicals.
``(hh) Retail.
``(ii)
Transportation.
``(jj) Energy.
``(kk) Information
Technology.
``(ll)
Communications.
``(mm) Other
relevant fields
identified by the
Director.
``(ii) Prohibition.--Not fewer than
one member nor more than three members
may represent any one category under
clause (i)(III).
``(iii) Publication of membership
list.--The Advisory Committee shall
publish its membership list on a
publicly available website not less
than once per fiscal year and shall
update the membership list as changes
occur.
``(2) Term of office.--
``(A) Terms.--The term of each member of
the Advisory Committee shall be two years,
except that a member may continue to serve
until a successor is appointed.
``(B) Removal.--The Director may review the
participation of a member of the Advisory
Committee and remove such member any time at
the discretion of the Director.
``(C) Reappointment.--A member of the
Advisory Committee may be reappointed for an
unlimited number of terms.
``(3) Prohibition on compensation.--The members of
the Advisory Committee may not receive pay or benefits
from the United States Government by reason of their
service on the Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Director shall
require the Advisory Committee to meet not less
frequently than semiannually, and may convene
additional meetings as necessary.
``(B) Public meetings.--At least one of the
meetings referred to in subparagraph (A) shall
be open to the public.
``(C) Attendance.--The Advisory Committee
shall maintain a record of the persons present
at each meeting.
``(5) Member access to classified information.--
``(A) In general.--Not later than 60 days
after the date on which a member is first
appointed to the Advisory Committee and before
the member is granted access to any classified
information, the Director shall determine, for
the purposes of the Advisory Committee, if the
member should be restricted from reviewing,
discussing, or possessing classified
information.
``(B) Access.--Access to classified
materials shall be managed in accordance with
Executive Order No. 13526 of December 29, 2009
(75 Fed. Reg. 707), or any subsequent
corresponding Executive Order.
``(C) Protections.--A member of the
Advisory Committee shall protect all classified
information in accordance with the applicable
requirements for the particular level of
classification of such information.
``(D) Rule of construction.--Nothing in
this paragraph shall be construed to affect the
security clearance of a member of the Advisory
Committee or the authority of a Federal agency
to provide a member of the Advisory Committee
access to classified information.
``(6) Chairperson.--The Advisory Committee shall
select, from among the members of the Advisory
Committee--
``(A) a member to serve as chairperson of
the Advisory Committee; and
``(B) a member to serve as chairperson of
each subcommittee of the Advisory Committee
established under subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director shall establish
subcommittees within the Advisory Committee to address
cybersecurity issues, which may include the following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
``(D) Public and private partnerships.
``(2) Meetings and reporting.--Each subcommittee
shall meet not less frequently than semiannually, and
submit to the Advisory Committee for inclusion in the
annual report required under subsection (b)(4)
information, including activities, findings, and
recommendations, regarding subject matter considered by
the subcommittee.
``(3) Subject matter experts.--The chair of the
Advisory Committee shall appoint members to
subcommittees and shall ensure that each member
appointed to a subcommittee has subject matter
expertise relevant to the subject matter of the
subcommittee.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as so amended, is further amended by inserting
after the item relating to section 2215 the following new item:
``Sec. 2216. Cybersecurity Advisory Committee.''.
SEC. 1719. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE PROGRAM.
(a) Authorities.--Section 2202(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 652(e)(1)) is amended by adding
at the end the following new subparagraph:
``(R) To encourage and build cybersecurity
awareness and competency across the United
States and to develop, attract, and retain the
cybersecurity workforce necessary for the
cybersecurity related missions of the
Department, including by--
``(i) overseeing elementary and
secondary cybersecurity education and
awareness related programs at the
Agency;
``(ii) leading efforts to develop,
attract, and retain the cybersecurity
workforce necessary for the
cybersecurity related missions of the
Department;
``(iii) encouraging and building
cybersecurity awareness and competency
across the United States; and
``(iv) carrying out cybersecurity
related workforce development
activities, including through--
``(I) increasing the
pipeline of future
cybersecurity professionals
through programs focused on
elementary and secondary
education, postsecondary
education, and workforce
development; and
``(II) building awareness
of and competency in
cybersecurity across the
civilian Federal Government
workforce.''.
(b) Education, Training, and Capacity Development.--Section
2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))
is amended--
(1) in paragraph (10), by striking ``and'' at the
end;
(2) by redesignating paragraph (11) as paragraph
(12); and
(3) by inserting after paragraph (10) the following
new paragraph:
``(11) provide education, training, and capacity
development to Federal and non-Federal entities to
enhance the security and resiliency of domestic and
global cybersecurity and infrastructure security;
and''.
(c) Establishment of Training Programs.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651
et seq.), as amended by sections 1715 and 1718 of this Act, is
further amended by adding at the end the following new section:
``SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Cybersecurity Education and
Training Assistance Program (referred to in this
section as `CETAP') is established within the Agency.
``(2) Purpose.--The purpose of CETAP shall be to
support the effort of the Agency in building and
strengthening a national cybersecurity workforce
pipeline capacity through enabling elementary and
secondary cybersecurity education, including by--
``(A) providing foundational cybersecurity
awareness and literacy;
``(B) encouraging cybersecurity career
exploration; and
``(C) supporting the teaching of
cybersecurity skills at the elementary and
secondary education levels.
``(b) Requirements.--In carrying out CETAP, the Director
shall--
``(1) ensure that the program--
``(A) creates and disseminates
cybersecurity-focused curricula and career
awareness materials appropriate for use at the
elementary and secondary education levels;
``(B) conducts professional development
sessions for teachers;
``(C) develops resources for the teaching
of cybersecurity-focused curricula described in
subparagraph (A);
``(D) provides direct student engagement
opportunities through camps and other
programming;
``(E) engages with State educational
agencies and local educational agencies to
promote awareness of the program and ensure
that offerings align with State and local
curricula;
``(F) integrates with existing post-
secondary education and workforce development
programs at the Department;
``(G) promotes and supports national
standards for elementary and secondary cyber
education;
``(H) partners with cybersecurity and
education stakeholder groups to expand
outreach; and
``(I) any other activity the Director
determines necessary to meet the purpose
described in subsection (a)(2); and
``(2) enable the deployment of CETAP nationwide,
with special consideration for underserved populations
or communities.
``(c) Briefings.--
``(1) In general.--Not later than 1 year after the
establishment of CETAP, and annually thereafter, the
Secretary shall brief the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives on the program.
``(2) Contents.--Each briefing conducted under
paragraph (1) shall include--
``(A) estimated figures on the number of
students reached and teachers engaged;
``(B) information on outreach and
engagement efforts, including the activities
described in subsection (b)(1)(E);
``(C) information on new curricula
offerings and teacher training platforms; and
``(D) information on coordination with
post-secondary education and workforce
development programs at the Department.
``(d) Mission Promotion.--The Director may use appropriated
amounts to purchase promotional and recognition items and
marketing and advertising services to publicize and promote the
mission and services of the Agency, support the activities of
the Agency, and to recruit and retain Agency personnel.''.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as so amended, is
further amended by inserting after the item relating to section
2216 the following new item:
``Sec. 2217. Cybersecurity Education and Training Programs.''.
SEC. 1720. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS.
(a) Framework Required.--Not later than April 1, 2021, the
Secretary of Defense shall develop a standard, comprehensive
framework to enhance the consistency, execution, and
effectiveness of cyber hunt forward operations.
(b) Elements.--The framework developed pursuant to
subsection (a) shall include the following:
(1) Identification of the selection criteria for
proposed cyber hunt forward operations, including
specification of necessary thresholds for the
justification of operations and thresholds for partner
cooperation.
(2) The roles and responsibilities of the following
organizations in the support of the planning and
execution of cyber hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of
Defense for Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning
Elements and Joint Cyber Centers.
(F) Embassies and consulates of the United
States.
(3) Pre-deployment planning guidelines to maximize
the operational success of each unique operation,
including guidance that takes into account the highly
variable nature of the following aspects at the
tactical level:
(A) Team composition, including necessary
skillsets, recommended training, and guidelines
on team size and structure.
(B) Relevant factors to determine mission
duration in a country of interest.
(C) Agreements with partner countries
required pre-deployment.
(D) Criteria for potential follow-on
operations.
(E) Equipment and infrastructure required
to support the missions.
(4) Metrics to measure the effectiveness of each
operation, including means to evaluate the value of
discovered malware and infrastructure, the effect on
the adversary, and the potential for future engagements
with the partner country.
(5) Roles and responsibilities for United States
Cyber Command and the National Security Agency in the
analysis of relevant mission data.
(6) A detailed description of counterintelligence
support for cyber hunt forward operations.
(7) A standardized force presentation model across
service components and combatant commands.
(8) Review of active and reserve component
personnel policies to account for deployment and
redeployment operations, including the following:
(A) Global Force Management.
(B) Contingency, Exercise, and Deployment
orders to be considered for and applied towards
deployment credit and benefits.
(9) Such other matters as the Secretary determines
relevant.
(c) Briefing.--
(1) In general.--Not later than May 1, 2021, the
Secretary of Defense shall provide to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a briefing on
the framework developed pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph
(1) shall include the following:
(A) An overview of the framework developed
pursuant to subsection (a).
(B) An explanation of the tradeoffs
associated with the use of Department of
Defense resources for cyber hunt forward
missions in the context of competing
priorities.
(C) Such recommendations as the Secretary
may have for legislative action to improve the
effectiveness of cyber hunt forward missions.
SEC. 1721. RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY
ARCHITECTURES AND OPERATIONS.
(a) Review Required.--The Commander of United States Cyber
Command, with support from the Chief Information Officer of the
Department of Defense, the Chief Data Officer of the
Department, the Principal Cyber Advisor, the Vice Chairman of
the Joint Chiefs of Staff, and the Director of Cost Analysis
and Program Evaluation, as well as the Principal Cyber Advisors
and the Chief Information Officers of the military services,
shall conduct a review of the Cybersecurity Service Provider
and Cyber Mission Force enterprises.
(b) Assessment and Identification of Redundancies and
Gaps.--The review required by subsection (a) shall assess and
identify--
(1) the optimal way to integrate the Joint Cyber
Warfighting Architecture and the Cybersecurity Service
Provider architectures, associated tools and
capabilities, and associated concepts of operations;
(2) redundancies and gaps in network sensor
deployment and data collection and analysis for the--
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event
Management capabilities;
(3) where integration, collaboration, and
interoperability are not occurring that would improve
outcomes;
(4) baseline training, capabilities, competencies,
operational responsibilities, and joint concepts of
operations for the Joint Force Headquarters for the
Department of Defense Information Network,
Cybersecurity Service Providers, and Cyber Protection
Teams;
(5) the roles and responsibilities of the Principal
Cyber Advisor, Chief Information Officer, and the
Commander of United States Cyber Command in
establishing and overseeing the baselines assessed and
identified under paragraph (4);
(6) the optimal command structure for the military
services' and combatant commands' cybersecurity service
providers and cyber protection teams;
(7) the responsibilities of network owners and
cybersecurity service providers in mapping,
configuring, instrumenting, and deploying sensors on
networks to best support response of cyber protection
teams when assigned to defend unfamiliar networks; and
(8) operational concepts and engineering changes to
enhance remote access and operations of cyber
protection teams on networks through tools and
capabilities of the Cybersecurity Service Providers.
(c) Recommendations for Fiscal Year 2023 Budget.--The Chief
Information Officer, the Chief Data Officer, the Commander of
United States Cyber Command, and the Principal Cyber Advisor
shall jointly develop recommendations for the Secretary of
Defense in preparation of the budget justification materials to
be submitted to Congress in support of the budget for the
Department of Defense for fiscal year 2023 (as submitted with
the budget of the President for such fiscal year under section
1105(a) of title 31, United States Code).
(d) Progress Briefing.--Not later than March 31, 2021, the
Chief Information Officer, the Chief Data Officer, the
Commander of United States Cyber Command, and the Principal
Cyber Advisor shall jointly provide a briefing to the
congressional defense committees on the progress made in
carrying out this section.
SEC. 1722. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM COMPUTING.
(a) Comprehensive Assessment and Recommendations
Required.--Not later than December 31, 2021, the Secretary of
Defense shall--
(1) complete a comprehensive assessment of the
current and potential threats and risks posed by
quantum computing technologies to critical national
security systems, including--
(A) an identification and prioritization of
critical national security systems at risk;
(B) an assessment of the standards of the
National Institute of Standards and Technology
for quantum resistant cryptography and the
applicability of such standards to
cryptographic requirements of the Department of
Defense;
(C) an assessment of the feasibility of
alternate quantum-resistant algorithms and
features; and
(D) a description of any funding shortfalls
in public and private developmental efforts
relating to quantum resistant cryptography,
standards, and models; and
(2) develop recommendations for research,
development, and acquisition activities, including
resourcing schedules, for securing the critical
national security systems identified pursuant to
paragraph (1)(A) against quantum computing code-
breaking capabilities.
(b) Briefing.--Not later than February 1, 2022, the
Secretary shall brief the congressional defense committees on
the assessment completed under paragraph (1) of subsection (a)
and the recommendations developed under paragraph (2) of such
subsection.
SEC. 1723. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
(a) Study.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Navy and the Chief of Naval Operations, in consultation
with the Commander of United States Cyber Command,
shall submit to the congressional defense committees a
study of the Navy Cyber Warfare Development Group
(NCWDG).
(2) Elements.--The study required under paragraph
(1) shall include the following:
(A) An examination of NCWDG's structure,
manning, authorities, funding, and operations.
(B) A review of organizational
relationships--
(i) within the Navy; and
(ii) to other Department of Defense
organizations, as well as non-
Department of Defense organizations.
(C) Recommendations for how the NCWDG can
be strengthened and improved, without growth in
size.
(D) Such other information as determined
necessary or appropriate by the Secretary of
the Navy.
(3) Release.--
(A) To congress.--Not later than 7 days
after completion of the study required under
paragraph (1), the Secretary of the Navy shall
brief the congressional defense committees on
the findings of the study.
(B) To service services.-- The Secretary of
the Navy shall transmit to the secretaries of
the military services and the Assistant
Secretary of Defense for Special Operations and
Irregular Warfare the study required under
paragraph (1).
(b) Designation.--Notwithstanding any other provision of
law, the Secretary of the Navy shall designate the NCWDG as a
screened command.
(c) Authority to Replicate.--After review of the study
required under subsection (a) and consulting the Commander of
United States Cyber Command in accordance with procedures
established by the Secretary of Defense, the secretaries of the
military services may establish tailored cyberspace operations
organizations of comparable size to NCWDG within the military
service, respectively, of each such secretary. Such counterpart
organizations shall have the same authorities as the NCWDG. On
behalf of United States Special Operations Command, the
Assistant Secretary of Defense for Special Operations and
Irregular Warfare may authorize a tailored cyberspace
operations organization within United States Special Operations
Command of similar size and equivalent authorities as NCWDG.
(d) Briefing to Congress.--Not later than 180 days after
the date of the enactment of this Act, the secretaries of the
military services and the Assistant Secretary of Defense for
Special Operations and Irregular Warfare shall brief the
congressional defense committees on--
(1) the utilization of the authority provided
pursuant to subsection (c); and
(2) if appropriate based on such utilization,
details on how the military service, respectively, of
each such secretary intends to establish tailored
cyberspace operations organizations.
SEC. 1724. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL INFRASTRUCTURE
PROTECTION OF THE DEFENSE INDUSTRIAL BASE.
(a) Critical Infrastructure Defined.--In this section, the
term ``critical infrastructure'' has the meaning given such
term in section 1016(e) of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C.
5195c(e)).
(b) Designation.--The Secretary of Defense shall designate
the Principal Cyber Advisor of the Department of Defense as the
coordinating authority for cybersecurity issues relating to the
defense industrial base.
(c) Responsibilities.--As the coordinating authority for
cybersecurity issues relating to the defense industrial base,
the Principal Cyber Advisor of the Department of Defense shall
synchronize, harmonize, de-conflict, and coordinate all
policies and programs germane to defense industrial base
cybersecurity, including the following:
(1) The Sector Specific Agency functions under
Presidential Policy Directive-21 the Department of
Defense has assigned to the Under Secretary of Defense
for Policy for implementation.
(2) The Under Secretary of Defense for Acquisition
and Sustainment's policies and programs germane to
contracting and contractual enforcement as such relate
to cybersecurity assessment and assistance, and
industrial base health and security.
(3) The Under Secretary of Defense for Intelligence
and Security's policies and programs germane to
physical security, information security, industrial
security, acquisition security and cybersecurity, all
source intelligence, classified threat intelligence
sharing related to defense industrial base
cybersecurity activities, counterintelligence, and
foreign ownership control or influence, including the
Defense Intelligence Agency and National Security
Agency support provided to the Department of Defense -
Defense Industrial Base Collaborative Information
Sharing Environment and cyber intrusion damage
assessment analysis as part of defense industrial base
cybersecurity activities.
(4) The Department of Defense Chief Information
Officer's policies and programs for cybersecurity
standards and integrating cybersecurity threat
intelligence-sharing activities and enhancing
Department of Defense and defense industrial base cyber
situational awareness.
(5) The Under Secretary of Defense for Research and
Engineering's policies and programs germane to
protection planning requirements of emerging
technologies as such relate to cybersecurity assessment
and assistance, and industrial base health and
security.
(6) Other Department of Defense components'
policies and programs germane to the cybersecurity of
the defense industrial base, including the policies and
programs of the military services and the combatant
commands.
(d) Additional Functions.--In carrying out this section,
the Principal Cyber Advisor of the Department of Defense
shall--
(1) coordinate or facilitate coordination with
relevant Federal departments and agencies, defense
industrial base entities, independent regulatory
agencies, and with State, local, territorial, and
Tribal entities, as appropriate;
(2) facilitate or coordinate the provision of
incident management support to defense industrial base
entities, as appropriate;
(3) facilitate or coordinate the provision of
technical assistance to and consultations with defense
industrial base entities to identify cyber or cyber-
physical vulnerabilities and minimize the damage of
potential incidents, as appropriate; and
(4) support or facilitate the supporting of the
statutorily required reporting requirements of such
relevant Federal departments and agencies by providing
or facilitating the provision to such departments and
agencies on an annual basis relevant critical
infrastructure information, as appropriate.
(e) Department of Defense Roles and Responsibilities.--No
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on
Armed Services of the Senate and the House of Representatives
on the following issues:
(1) A plan for implementation of this section,
including an assessment of the roles and
responsibilities of entities across the Department of
Defense and mechanisms and processes for coordination
of policy and programs germane to defense industrial
base cybersecurity.
(2) An analysis of the feasibility and advisability
of separating cybersecurity Sector Specific Agency
functions under Presidential Policy Directive-21 from
non-cybersecurity Sector Specific Agency functions.
(3) Regarding the non-cybersecurity Sector Specific
Agency functions the Department has assigned to the
Under Secretary of Defense for Policy for
implementation, the implications of reassigning such
responsibilities to the Under Secretary of Defense for
Acquisition and Sustainment.
SEC. 1725. PILOT PROGRAM ON REMOTE PROVISION BY NATIONAL GUARD TO
NATIONAL GUARDS OF OTHER STATES OF CYBERSECURITY
TECHNICAL ASSISTANCE IN TRAINING, PREPARATION, AND
RESPONSE TO CYBER INCIDENTS.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may
conduct a pilot program to assess the feasibility and
advisability of the development of a capability in
support of Department of Defense missions within the
National Guard through which a National Guard of a
State remotely provides National Guards of other States
(whether or not in the same Armed Force as the
providing National Guard) with cybersecurity technical
assistance in training, preparation, and response to
cyber incidents.
(2) Termination.--The authorization under paragraph
(1) to conduct the pilot program expires 24 months
after the date of the enactment of this Act.
(b) Assessment Prior to Commencement.--For purposes of the
pilot program described in subsection (a), the Secretary of
Defense shall, prior to commencing the pilot program, for
purposes of evaluating existing platforms, technologies, and
capabilities under subsection (c), and for establishing
eligibility and participation requirements under such
subsection--
(1) conduct an assessment of--
(A) existing cyber response capacities of
the Army National Guard or Air National Guard,
as applicable, in each State; and
(B) any existing platform, technology, or
capability of a National Guard that provides
the capability described in subsection (a)(1);
(2) determine whether a platform, technology, or
capability referred to in subparagraph (B) is suitable
for expansion for purposes of the pilot program; and
(3) assess potential benefits or impact on the
missions, the Total Force, the Cyber Operations Forces,
and the cyber infrastructure of the Department of
Defense.
(c) Elements.--The pilot program described in subsection
(a) may include the following:
(1) A technical capability that enables the
National Guard of a State to remotely provide
cybersecurity technical assistance to National Guards
of other States, without the need to deploy outside its
home State.
(2) The development of policies, processes,
procedures, and authorities for use of such a
capability, including with respect to the following:
(A) The roles and responsibilities of both
requesting and deploying National Guards with
respect to such technical assistance, taking
into account the matters specified in
subsection (g).
(B) Necessary updates to the Defense Cyber
Incident Coordinating Procedure, or any other
applicable Department of Defense instruction,
for purposes of implementing such a capability.
(C) Program management and governance
structures for deployment and maintenance of
such a capability.
(D) Security when performing remote
support, including in matters such as
authentication and remote sensing.
(3) The conduct, in consultation with the Secretary
of Homeland Security and the Director of the Federal
Bureau of Investigation, the heads of other Federal
agencies, and appropriate non-Federal entities, as
appropriate, of at least one exercise to demonstrate
such a capability, which exercise shall include the
following:
(A) Participation of not fewer than the
National Guards of two different States.
(B) Circumstances designed to test and
validate the policies, processes, procedures,
and authorities developed pursuant to paragraph
(2).
(d) Use of Existing Technology.--The Secretary of Defense
may use an existing platform, technology, or capability to
provide the technical capability described in subsection (a)(1)
under the pilot program.
(e) Eligibility and Participation Requirements.--The
Secretary of Defense shall, in consultation with the Chief of
the National Guard Bureau, establish requirements with respect
to eligibility and participation of National Guards in the
pilot program.
(g) Construction With Certain Current Authorities.--
(1) Command authorities.--Nothing in this section
may be construed as affecting or altering the command
authorities otherwise applicable to any unit of the
National Guard participating in the pilot program.
(2) Emergency management assistance compact.--
Nothing in this section may be construed as affecting
or altering any current agreement under the Emergency
Management Assistance Compact, or any other State
agreements, or as determinative of the future content
of any such agreement.
(h) Evaluation Metrics.--The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot
program.
(i) Term.--The pilot program under subsection (b) shall
terminate not later than the date that is three years after the
date of the commencement of the pilot program.
(j) Reports.--
(1) Initial report.--Not later than 180 days after
the date of the commencement of the pilot program, the
Secretary of Defense shall submit to the appropriate
committees of Congress and the Secretary of Homeland
Security an initial report setting forth a description
of the pilot program and such other matters in
connection with the pilot program as the Secretary
considers appropriate.
(2) Final report.--Not later than 180 days after
the termination of the pilot program, the Secretary of
Defense shall submit to the appropriate committees of
Congress and the Secretary of Homeland Security a final
report on the pilot program. The final report shall
include the following:
(A) A description of the pilot program,
including any partnerships entered into under
the pilot program.
(B) A summary of the assessment performed
prior to the commencement of the pilot program
in accordance with subsection (b).
(C) A summary of the evaluation metrics
established in accordance with subsection (h),
including how the pilot program contributes
directly to Department of Defense missions.
(D) An assessment of the effectiveness of
the pilot program, and of the capability
described in subsection (c)(1) under the pilot
program.
(E) A description of costs associated with
the implementation and conduct of the pilot
program.
(F) A recommendation as to the value of the
pilot program, including whether to authorize a
permanent program modeled on the pilot program,
including whether the pilot program duplicates
the remote operating concept and capabilities
of active duty cyber operations forces.
(G) An estimate of the costs of making the
pilot program permanent and expanding it
nationwide in accordance with the
recommendation in subparagraph (F).
(H) Such recommendations for legislative or
administrative action as the Secretary
considers appropriate in light of the pilot
program.
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Homeland Security and Governmental
Affairs of the Senate.
(k) State Defined.--In this section, the term ``State''
means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
SEC. 1726. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS.
(a) Resources for Cyber Education.--
(1) In general.--The Chief Information Officer of
the Department of Defense, in consultation with the
Director of the National Security Agency (NSA), shall
examine the current policies permitting National
Security Agency employees to use up to 140 hours of
paid time toward NSA's cyber education programs.
(2) Report.--
(A) In general.--Not later than 90 days
after the date of the enactment of this Act,
the Chief Information Officer shall submit to
the congressional defense committees and the
congressional intelligence committees a
strategy for expanding the policies described
in paragraph (1) to--
(i) individuals who occupy
positions described in section 1599f of
title 10, United States Code; and
(ii) any other individuals who the
Chief Information Officer determines
appropriate.
(B) Implementation plan.--The report
required under subparagraph (A) shall detail
the utilization of the policies in place at the
National Security Agency, as well as an
implementation plan that describes the
mechanisms needed to expand the use of such
policies to accommodate wider participation by
individuals described in such subparagraph.
Such implementation plan shall detail how such
individuals would be able to connect to the
instructional and participatory opportunities
available through the efforts, programs,
initiatives, and investments accounted for in
the report required under section 1649 of the
National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), including the
following programs:
(i) GenCyber.
(ii) Centers for Academic
Excellence - Cyber Defense.
(iii) Centers for Academic
Excellence - Cyber Operations.
(C) Deadline.--Not later than 120 days
after the submission of the report required
under subparagraph (A), the Chief Information
Officer of the Department of Defense shall
carry out the implementation plan contained in
such report.
(b) Improving the Training With Industry Program.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Principal Cyber
Advisor of the Department of Defense, in consultation
with the Principal Cyber Advisors of the military
services and the Under Secretary of Defense for
Personnel and Readiness, shall submit to the Secretary
of Defense and the congressional defense committees a
review of the current utilization and utility of the
Training With Industry (TWI) programs, including
relating to the following:
(A) Recommendations regarding how to
improve and better utilize such programs,
including regarding individuals who have
completed such programs.
(B) An implementation plan to carry out
such recommendations.
(2) Additional.--Not later than 90 days after the
submission of the report required under paragraph (1),
the Secretary of Defense shall carry out such elements
of the implementation plan required under paragraph
(1)(B) as the Secretary considers appropriate and
notify the congressional defense committees of the
determinations of the Secretary relating thereto.
(c) Alignment of Cybersecurity Training Programs.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report containing recommendations on how
cybersecurity training programs described in section
1649 of the National Defense Authorization Act for
Fiscal Year 2020 can be better aligned and harmonized.
(2) Report.--The report required under paragraph
(1) shall provide recommendations concerning the
following topics and information:
(A) Developing a comprehensive mechanism
for utilizing and leveraging the Cyber Excepted
Service workforce of the Department of Defense
referred to in subsection (a), as well as
mechanisms for military participation.
(B) Unnecessary redundancies in such
programs, or in any related efforts,
initiatives, or investments.
(C) Mechanisms for tracking participation
and transition of participation from one such
program to another.
(D) Department level oversight and
management of such programs.
(3) Cyber workforce pipeline and early childhood
education.--
(A) Elements.--The Secretary of Defense
shall, when completing the report required
under paragraph (1), take into consideration
existing Federal childhood cyber education
programs, including the programs identified in
the report required under section 1649 of the
National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) and the
Department of Homeland Security's Cybersecurity
Education and Training Assistance Program
(CETAP), that can provide opportunities to
military-connected students and members of the
Armed Forces to pursue cyber careers.
(B) Definition.--In this paragraph, the
term ``military-connected student'' means an
individual who--
(i) is a dependent a member of the
Armed Forces serving on active duty;
and
(ii) is enrolled in a preschool, an
elementary or secondary school, or an
institution of higher education.
SEC. 1727. REPORTING REQUIREMENTS FOR CROSS DOMAIN INCIDENTS AND
EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY.
(a) Incident Reporting.--
(1) In general.--Effective beginning on the date of
the enactment of this Act, the Secretary of Defense and
the secretaries of the military services shall submit
to the congressional defense committees a monthly
report in writing that documents each instance or
indication of a cross-domain incident within the
Department of Defense.
(2) Procedures.--The Secretary of Defense shall
submit to the congressional defense committees
procedures for complying with the requirements of
paragraph (1) consistent with the national security of
the United States and the protection of operational
integrity. The Secretary shall promptly notify such
committees in writing of any changes to such procedures
at least 14 days prior to the adoption of any such
changes.
(3) Definition.--In this subsection, the term
``cross domain incident'' means any unauthorized
connection of any duration between software, hardware,
or both that is either used on, or designed for use on
a network or system built for classified data, and
systems not accredited or authorized at the same or
higher classification level, including systems on the
public internet, regardless of whether the unauthorized
connection is later determined to have resulted in the
exfiltration, exposure, or spillage of data across the
cross domain connection.
(b) Exemptions to Policy for Information Technology.--Not
later than six months after the date of the enactment of this
Act and biannually thereafter, the Secretary of Defense and the
secretaries of the military services shall submit to the
congressional defense committees a report in writing that
enumerates and details each current exemption to information
technology policy, interim Authority To Operate (ATO) order, or
both. Each such report shall include other relevant information
pertaining to each such exemption, including relating to the
following:
(1) Risk categorization.
(2) Duration.
(3) Estimated time remaining.
SEC. 1728. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY.
(a) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) conduct a review and assessment of any ongoing
public-private collaborative initiatives involving the
Department of Defense and the private sector related to
cybersecurity and defense of critical infrastructure,
including--
(A) the United States Cyber Command's
Pathfinder initiative and any derivative
initiative;
(B) the Department's support to and
integration with existing Federal cybersecurity
centers and organizations; and
(C) comparable initiatives led by other
Federal departments or agencies that support
long-term public-private cybersecurity
collaboration; and
(2) make recommendations for improvements and the
requirements and resources necessary to
institutionalize and strengthen the initiatives
described in subparagraphs (A) through (C) of paragraph
(1).
(b) Report.--
(1) In general.--The Secretary of Defense shall
submit to the congressional defense committees a report
on the review, assessment, and recommendations under
subsection (a).
(2) Form.--The report required under paragraph (1)
may be submitted in unclassified or classified form, as
necessary.
(c) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1729. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL
GUARD.
(a) Evaluation.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee
on Homeland Security of the House of Representatives an
evaluation of the statutes, rules, regulations and
standards that pertain to the use of the National Guard
for the response to and recovery from significant cyber
incidents.
(2) Consideration of inputs.--In conducting the
evaluation under paragraph (1), the Secretary of
Defense shall consult with the Secretary of Homeland
Security and may solicit and consider inputs from the
following:
(A) The heads of Federal agencies
determined appropriate by the Secretary of
Defense.
(B) State governors.
(C) The heads of other non-Federal entities
as determined appropriate by the Secretary of
Defense.
(b) Elements of Evaluation.--The evaluation required under
subsection (a) shall include review of the following:
(1) Regulations promulgated under section 903 of
title 32, United States Code, to clarify when and under
what conditions the National Guard could respond to a
cyber attack as a homeland defense activity under
section 902 of such title.
(2) Guidance promulgated regarding how units of the
National Guard shall collaborate with relevant civil,
law enforcement, and cybersecurity agencies when
conducting a homeland defense activity under section
902 of title 32, United States Code.
(c) Update to Certain Regulations and Guidance.--If the
Secretary of Defense determines such is appropriate based on
the evaluation required under subsection (a) and the review
described in subsection (b), the Secretary shall update--
(1) the regulations referred to in subsection
(b)(1); and
(2) the guidance referred to in subsection (b)(2).
(d) Update to the National Cyber Incident Response Plan.--
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Homeland Security, in coordination with
the Secretary of Defense, may update the National Cyber
Incident Response Plan to address any changes made by the
Secretary of Defense to the roles and responsibilities of the
National Guard for the response to and recovery from
significant cyber incidents.
(e) Joint Briefings.--Not later than 300 days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of Homeland Security shall jointly brief the
congressional defense committees, the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
on the following:
(1) The results of the evaluation required under
subsection (a)(1), including the utilization of any
input provided to the Secretary of Defense pursuant to
subsection (a)(2).
(2) Any updated regulations or guidance in
accordance with subsection (c).
(3) Any update by the Secretary of Homeland
Security to the National Cyber Incident Response Plan
pursuant to subsection (d).
(4) How the Department of Defense, including the
National Guard, and the Department of Homeland
Security, including the Cybersecurity and
Infrastructure Security Agency and the Federal
Emergency Management Agency, will collaborate with each
other and with relevant law enforcement, State
governments, and other non-Federal entities when
responding to and recovering from significant cyber
incidents.
(f) Definition.--The term ``significant cyber incident''
means a cyber incident that results, or several related cyber
incidents that result, in demonstrable harm to--
(1) the national security interests, foreign
relations, or economy of the United States; or
(2) the public confidence, civil liberties, or
public health and safety of the American people.
SEC. 1730. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE
DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 270 days after the date of
the enactment of this Act, the Principal Cyber Advisor to the
Secretary of Defense, in conjunction with the Under Secretary
for Personnel and Readiness of the Department of Defense and
the Principal Cyber Advisors of the military services, shall
submit to the congressional defense committees an evaluation of
reserve models tailored to the support of cyberspace operations
for the Department.
(b) Elements.--The evaluation conducted under subsection
(a) shall include assessment of the following:
(1) The capabilities and deficiencies in military
and civilian personnel with needed cybersecurity
expertise, and the quantity of personnel with such
expertise, within the Department.
(2) The potential for a uniformed, civilian, or
mixed cyber reserve force to remedy shortfalls in
expertise and capacity.
(3) The ability of the Department to attract the
personnel with the desired expertise to either a
uniformed or civilian cyber reserve force.
(4) The number of personnel, their skills,
additional infrastructure required, funding, and the
composition of a cyber reserve force that would be
required to meet the needs of the Department.
(5) Alternative models for establishing a cyber
reserve force, including the following:
(A) A traditional uniformed military
reserve component.
(B) A nontraditional uniformed military
reserve component, with respect to drilling and
other requirements such as grooming and
physical fitness.
(C) Nontraditional civilian cyber reserve
options.
(D) Hybrid options.
(E) Models of reserve support used by
international allies and partners.
(6) The impact each of the cyber reserve models
would have on active duty and existing reserve forces,
including the following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(D) Relocation.
(7) The impact each of the cyber reserve models
would have on the Cyber Operations Forces total force,
including the following:
(A) Cyber operations forces training.
(B) Cyber operations forces individual and
unit readiness.
(C) Cyber operations forces training ranges
and cyber warfighting architectures.
(D) Infrastructure supporting Cyber
Operations Forces.
(8) The impact each of the cyber reserve models
would have on the private sector, particularly during
and immediately after a major cyber incident.
(9) An evaluation of work conducted to date by the
Department of Defense in response to the 2014 Report of
the Reserve Forces Policy Board on Department of
Defense Cyber Approach: Use of the National Guard and
Reserve in the Cyber Mission Force.
SEC. 1731. INTEGRATED CYBERSECURITY CENTER PLAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence, shall submit to the
relevant congressional committees a report on Federal
cybersecurity centers and the potential for better coordination
of Federal cybersecurity efforts at an integrated cybersecurity
center within the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security in furtherance of
the functions specified in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(b) Contents.--To prepare the report required by subsection
(a), the Secretary of Homeland Security shall aggregate
information from components of the Department of Homeland
Security with information provided to the Secretary of Homeland
Security by the Secretary of Defense, the Attorney General, the
Director of the Federal Bureau of Investigation, and the
Director of National Intelligence. Such aggregated information
shall relate to the following topics:
(1) Any challenges regarding capacity and funding
identified by the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the
Attorney General, the Secretary of Defense, and the
Director of National Intelligence that negatively
impact coordination with the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security in furtherance of the security and
resilience of critical infrastructure.
(2) Distinct statutory authorities identified by
the Secretary of Homeland Security, the Attorney
General, the Director of the Federal Bureau of
Investigation, the Secretary of Defense, or the
Director of National Intelligence that should not be
leveraged by an integrated cybersecurity center within
the Cybersecurity and Infrastructure Security Agency.
(3) Any challenges associated with effective
mission coordination and deconfliction between the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security and other Federal
agencies that could be addressed with the creation of
an integrated cybersecurity center within the
Cybersecurity and Infrastructure Security Agency.
(4) How capabilities or missions of existing
Federal cyber centers could benefit from greater
integration or collocation to support cybersecurity
collaboration with critical infrastructure at an
integrated cybersecurity center within the
Cybersecurity and Infrastructure Security Agency,
including the following Federal cyber centers:
(A) The National Security Agency's Cyber
Threat Operations Center.
(B) United States Cyber Command's Joint
Operations Center.
(C) Elements of the Office of the Director
of National Intelligence, as determined
appropriate by the Director
(D) The Federal Bureau of Investigation's
National Cyber Investigative Joint Task Force.
(E) The Department of Defense's Defense
Cyber Crime Center.
(c) Elements.--The report required under subsection (a)
shall--
(1) identify any challenges regarding the
Cybersecurity and Infrastructure Security Agency's
current authorities, structure, resources, funding,
ability to recruit and retain its workforce, or
interagency coordination that negatively impact the
ability of the Agency to fulfill its role as the
central coordinator for critical infrastructure
cybersecurity and resilience pursuant to its
authorities under the Homeland Security Act of 2002,
and information on how establishing an integrated
cybersecurity center within the Cybersecurity and
Infrastructure Security Agency would address such
challenges;
(2) identify any facility needs for the
Cybersecurity and Infrastructure Security Agency to
adequately host personnel, maintain sensitive
compartmented information facilities, and other
resources to serve as the primary coordinating body
charged with forging whole-of-government, public-
private collaboration in cybersecurity, pursuant to
such authorities;
(3) identify any lessons from national-level
efforts by United States allies, such as the United
Kingdom's National Cyber Security Centre, to determine
whether an integrated cybersecurity center within the
Cybersecurity and Infrastructure Security Agency should
be similarly organized into an unclassified environment
and a classified environment;
(4) recommend any changes to procedures and
criteria for increasing and expanding the participation
and integration of public- and private-sector personnel
into Federal cyber defense and security efforts,
including continuing limitations or hurdles in the
security clearance program for private sector partners
and integrating private sector partners into a
Cybersecurity and Infrastructure Security Agency
integrated cyber center; and
(5) propose policies, programs, or practices that
could overcome challenges identified in the aggregated
information under subsection (b), including the
potential creation of an integrated cybersecurity
center within the Cybersecurity and Infrastructure
Security Agency, accompanied by legislative proposals,
as appropriate.
(d) Plan.--Upon submitting the report pursuant to
subsection (a), the Secretary of Homeland Security, in
coordination with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence, may submit to the
relevant congressional committees a plan to establish an
integrated cybersecurity center within the Cybersecurity and
Infrastructure Security Agency, if appropriate, or to implement
other mechanisms for improving cybersecurity coordination among
the Federal cyber centers specified in subsection (b)(4).
(e) Privacy Review.--The Privacy Officers of the Department
of Homeland Security, the Department of Defense, the Department
of Justice, and the Federal Bureau of Investigation, and the
Director of National Intelligence shall review and provide to
the relevant congressional committees comment, as appropriate,
on each report and legislative proposal submitted under this
section.
(f) Definition.--In this section, the term ``relevant
congressional committees'' means--
(1) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Permanent Select Committee on
Intelligence; and
(D) the Committee on Homeland Security; and
(2) in the Senate--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Select Committee on Intelligence;
and
(D) the Committee on Homeland Security and
Governmental Affairs.
SEC. 1732. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND DECONFLICTION
POLICIES AND PROCESSES.
(a) Assessment.--Not later than August 1, 2021, the
Principal Cyber Advisor of the Department of Defense and the
Commander of United States Cyber Command shall jointly, in
coordination with the Under Secretary of Defense for Policy,
the Under Secretary of Defense for Intelligence and Security,
and the Chairman of the Joint Chiefs of Staff, conduct and
complete an assessment on the operational planning and
deconfliction policies and processes that govern cyber
operations of the Department of Defense.
(b) Elements.--The assessment required by subsection (a)
shall include evaluations as to whether--
(1) the joint targeting cycle and relevant
operational and targeting databases are suitable for
the conduct of timely and well-coordinated cyber
operations;
(2) each of the policies and processes in effect to
facilitate technical, operational, and capability
deconfliction are appropriate for the conduct of timely
and effective cyber operations;
(3) intelligence gain-loss decisions made by Cyber
Command are sufficiently well-informed and made in
timely fashion;
(4) relevant intelligence data and products are
consistently available and distributed to relevant
planning and operational elements in Cyber Command;
(5) collection operations and priorities meet the
operational requirements of Cyber Command; and
(6) authorities relevant to intelligence,
surveillance, and reconnaissance and operational
preparation of the environment are delegated to the
appropriate level.
(c) Briefing.--Not later than September 1, 2021, the
Principal Cyber Advisor and the Commander of United States
Cyber Command shall provide to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a briefing on the findings of the assessment
completed under subsection (a), including discussion of planned
policy and process changes, if any, relevant to cyber
operations.
SEC. 1733. PILOT PROGRAM ON CYBERSECURITY CAPABILITY METRICS.
(a) Pilot Program Required.--The Secretary of Defense,
acting through the Chief Information Officer of the Department
of Defense and the Commander of United States Cyber Command,
shall conduct a pilot program to assess the feasibility and
advisability of developing and using speed-based metrics to
measure the performance and effectiveness of security
operations centers and cyber security service providers in the
Department of Defense.
(b) Requirements.--
(1) Development of metrics.--(A) Not later than
July 1, 2021, the Chief Information Officer and the
Commander shall jointly develop metrics described in
subsection (a) to carry out the pilot program under
such subsection.
(B) The Chief Information Officer and the
Commander shall ensure that the metrics
developed under subparagraph (A) are
commensurate with the representative timelines
of nation-state and non-nation-state actors
when gaining access to, and compromising,
Department networks.
(2) Use of metrics.--(A) Not later than December 1,
2021, the Secretary shall, in carrying out the pilot
program required by subsection (a), begin using the
metrics developed under paragraph (1) of this
subsection to assess select security operations centers
and cyber security service providers, which the
Secretary shall select specifically for purposes of the
pilot program, for a period of not less than four
months.
(B) In carrying out the pilot program under
subsection (a), the Secretary shall evaluate
the effectiveness of operators, capabilities
available to operators, and operators' tactics,
techniques, and procedures.
(c) Authorities.--In carrying out the pilot program under
subsection (a), the Secretary may--
(1) assess select security operations centers and
cyber security service providers--
(A) over the course of their mission
performance; or
(B) in the testing and accreditation of
cybersecurity products and services on test
networks designated pursuant to section 1658 of
the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92); and
(2) assess select elements' use of security
orchestration and response technologies, modern
endpoint security technologies, Big Data Platform
instantiations, and technologies relevant to zero trust
architectures.
(d) Briefing.--
(1) In general.--Not later than March 1, 2022, the
Secretary shall brief the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives on the findings of the
Secretary with respect to the pilot program required by
subsection (a).
(2) Elements.--The briefing provided under
paragraph (1) shall include the following:
(A) The pilot metrics developed under
subsection (b)(1).
(B) The findings of the Secretary with
respect to the assessments carried out under
subsection (b)(2).
(C) An analysis of the utility of speed-
based metrics in assessing security operations
centers and cyber security service providers.
(D) An analysis of the utility of the
extension of the pilot metrics to or speed-
based assessment of the Cyber Mission Forces.
(E) An assessment of the technical and
procedural measures that would be necessary to
meet the speed-based metrics developed and
applied in the pilot program.
SEC. 1734. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF
NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF
DEFENSE NETWORKS.
(a) In General.--Not later than March 1, 2021, the Chief
Information Officer of the Department of Defense shall conduct
comprehensive assessments as follows:
(1) Timing variability in department networks.--The
Chief Information Officer shall characterize--
(A) timing variability across Department
information technology and operational
technology networks, appliances, devices,
applications, and sensors that generate time-
stamped data and metadata used for
cybersecurity purposes;
(B) how timing variability affects current,
planned, and potential capabilities for
detecting network intrusions that rely on
correlating events and the sequence of events;
and
(C) how to harmonize standard of timing
across Department networks.
(2) Use of network address translation.--The Chief
Information Officer shall characterize--
(A) why and how the Department is using
Network Address Translation (NAT) and multiple
layers and nesting of Network Address
Translation;
(B) how using Network Address Translation
affects the ability to link malicious
communications detected at various network
tiers to specific endpoints or hosts to enable
prompt additional investigations, quarantine
decisions, and remediation activities; and
(C) what steps and associated cost and
schedule are necessary to eliminate the use of
Network Address Translation or to otherwise
provide transparency to network defenders,
including options to accelerate the transition
from Internet Protocol version 4 to Internet
Protocol version 6.
(b) Recommendation.--The Chief Information Officer and the
Principal Cyber Advisor shall submit to the Secretary of
Defense a recommendation to address the assessments conducted
under subsection (a), including whether and how to revise the
cyber strategy of the Department.
(c) Briefing.--Not later than April 1, 2021, the Chief
Information Officer shall brief the congressional defense
committees on the findings of the Chief Information Officer
with respect to the assessments conducted under subsection (a)
and the recommendation submitted under subsection (b).
SEC. 1735. INTEGRATION OF DEPARTMENT OF DEFENSE USER ACTIVITY
MONITORING AND CYBERSECURITY.
(a) Integration of Plans, Capabilities, and Systems.--The
Secretary of Defense shall integrate the plans, capabilities,
and systems for user activity monitoring, and the plans,
capabilities, and systems for endpoint cybersecurity and the
collection of metadata on network activity for cybersecurity to
enable mutual support and information sharing.
(b) Requirements.--In carrying out subsection (a), the
Secretary shall--
(1) consider using the Big Data Platform instances
that host cybersecurity metadata for storage and
analysis of all user activity monitoring data collected
across the Department of Defense Information Network at
all security classification levels;
(2) develop policies and procedures governing
access to user activity monitoring data or data derived
from user activity monitoring by cybersecurity
operators; and
(3) develop processes and capabilities for using
metadata on host and network activity for user activity
monitoring in support of the insider threat mission.
(c) Congressional Briefing.--Not later than October 1,
2021, the Secretary shall provide a briefing to the
congressional defense committees on actions taken to carry out
this section.
SEC. 1736. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE
PLAN.
(a) Defense Industrial Base Cybersecurity Sensor
Architecture Program Assessment.--Not later than 180 days after
the date of the enactment of this Act, the Principal Cyber
Advisor of the Department of Defense, in consultation with the
Chief Information Officer of the Department, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Intelligence and Security, and the
Commander of United States Cyber Command, shall complete an
assessment of the feasibility, suitability, and resourcing
required to establish a Defense Industrial Base Cybersecurity
Sensor Architecture Program, responsible for deploying
commercial-off-the-shelf solutions to remotely monitor the
public-facing internet attack surface of the defense industrial
base.
(b) Elements.--The assessment required under subsection (a)
shall include the following:
(1) Definition of an architecture, concept of
operations, and governance structure that--
(A) will allow for the instrumentation and
collection of cybersecurity data on the public-
facing internet attack surfaces of defense
industrial base contractors in a manner that is
compatible with the Department's existing or
future capabilities for analysis, and
instrumentation and collection, as appropriate,
of cybersecurity data within the Department of
Defense Information Network;
(B) includes the expected scale, schedule,
and guiding principles of deployment;
(C) is consistent with the defense
industrial base cybersecurity policies and
programs of the Under Secretary of Defense for
Acquisition and Sustainment and the Chief
Information Officer; and
(D) includes an acquisition strategy for
sensor capabilities that optimizes required
capability, scalability, cost, and intelligence
and cybersecurity requirements.
(2) Roles and responsibilities of the persons
referred to in subsection (a) in implementing and
executing the plan.
(c) Consultation.--In conducting the assessment required
under subsection (a), the Principal Cyber Advisor shall consult
with and solicit recommendations from representative industry
stakeholders across the defense industrial base regarding the
elements described in subsection (b) and potential stakeholder
costs of compliance.
(d) Briefing.--Upon completion of the assessment required
under subsection (a), the Principal Cyber Advisor shall provide
a briefing to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
on the assessment.
SEC. 1737. ASSESSMENT ON DEFENSE INDUSTRIAL BASE PARTICIPATION IN A
THREAT INFORMATION SHARING PROGRAM.
(a) Defense Industrial Base Threat Information Program
Assessment.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall complete
an assessment of the feasibility, suitability, and definition
of, and resourcing required to establish, a defense industrial
base threat information sharing program to collaborate and
share threat information with, and obtain threat information
from, the defense industrial base.
(b) Elements.--The assessment regarding the establishment
of a defense industrial base threat information sharing program
under subsection (a) shall include evaluation of the following:
(1) The feasibility and suitability of, and
requirements for, the establishment of a defense
industrial base threat information sharing program,
including cybersecurity incident reporting requirements
applicable to the defense industrial base that--
(A) extend beyond mandatory cybersecurity
incident reporting requirements as in effect on
the day before the date of the enactment of
this Act;
(B) set specific, consistent timeframes for
all categories of cybersecurity incident
reporting;
(C) establish a single clearinghouse for
all mandatory cybersecurity incident reporting
to the Department of Defense, including
incidents involving covered unclassified
information, and classified information; and
(D) provide that, unless authorized or
required by another provision of law or the
element of the defense industrial base making
the report consents, nonpublic information of
which the Department becomes aware only because
of a report provided pursuant to the program
shall be disseminated and used only for a
cybersecurity purpose (as such term is defined
in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501)) and in
support of national defense activities.
(2) A mechanism for developing a shared and real-
time picture of the threat environment.
(3) Options for joint, collaborative, and co-
located analytics.
(4) Possible investments in technology and
capabilities to support automated detection and
analysis across the defense industrial base.
(5) Coordinated information tipping, sharing, and
deconfliction, as necessary, with relevant Federal
Government agencies with similar information sharing
programs.
(6) Processes for direct sharing of threat
information related to a specific defense industrial
base entity with such entity.
(7) Mechanisms for providing defense industrial
base entities with clearances for national security
information access, as appropriate.
(8) Requirements to consent to queries of foreign
intelligence collection databases related to a specific
defense industrial base entity as a condition of
participation in the threat information sharing
program.
(9) Recommendations with respect to threat
information sharing program participation, including
the following:
(A) Incentives for defense industrial base
entities to participate in the threat
information sharing program.
(B) Mandating minimum levels of threat
information sharing program participation for
any entity that is part of the defense
industrial base.
(C) Procurement prohibitions on any defense
industrial base entity that are not in
compliance with the requirements of the threat
information sharing program.
(D) Waiver authority and criteria.
(E) Adopting tiers of requirements for
participation within the threat information
sharing program based on--
(i) the role of and relative
threats related to defense industrial
base entities; and
(ii) Cybersecurity Maturity Model
Certification level.
(10) Options to utilize an existing federally
recognized information sharing program to satisfy the
requirement for a threat information sharing program
if--
(A) the existing program includes, or is
modified to include, two-way sharing of threat
information that is specifically relevant to
the defense industrial base; and
(B) such a program is coordinated with
other Federal Government agencies with existing
information sharing programs where overlap
occurs.
(11) Methods to encourage participation of defense
industrial base entities in appropriate private sector
information sharing and analysis centers (ISACs).
(12) Methods to coordinate collectively with
defense industrial base entities to consider methods
for mitigating compliance costs.
(13) The resources needed, governance roles and
structures required, and changes in regulation or law
needed for execution of a threat information sharing
program, as well as any other considerations determined
relevant by the Secretary.
(14) Identification of any barriers that would
prevent the establishment of a defense industrial base
threat information sharing program.
(c) Consultation.--In conducting the assessment required
under subsection (a), the Secretary of Defense shall consult
with and solicit recommendations from representative industry
stakeholders across the defense industrial base regarding the
elements described in subsection (b) and potential stakeholder
costs of compliance.
(d) Determination and Briefing.--Upon completion of the
assessment required under subsection (a), the Secretary of
Defense shall make a determination regarding the establishment
by the end of fiscal year 2021 of a defense industrial base
threat information sharing program and provide a briefing to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives on--
(1) the findings of the Secretary with respect to
such assessment and such determination; and
(2) such implementation plans as the Secretary may
have arising from such findings.
(e) Implementation.--If the Secretary of Defense makes a
positive determination pursuant to subsection (d) of the
feasibility and suitability of establishing a defense
industrial base threat information sharing program, the
Secretary shall establish such program. Not later than 180 days
after a positive determination, the Secretary of Defense shall
promulgate such rules and regulations as are necessary to
establish the defense industrial base threat information
sharing program under this section.
SEC. 1738. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL
SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense, in consultation with
the Director of the National Institute of Standards and
Technology, may award financial assistance to a Center for the
purpose of providing cybersecurity services to small
manufacturers.
(b) Criteria.--If the Secretary carries out subsection (a),
the Secretary, in consultation with the Director, shall
establish and publish on the grants.gov website, or successor
website, criteria for selecting recipients for financial
assistance under this section.
(c) Use of Financial Assistance.--Financial assistance
under this section--
(1) shall be used by a Center to provide small
manufacturers with cybersecurity services, including--
(A) compliance with the cybersecurity
requirements of the Department of Defense
Supplement to the Federal Acquisition
Regulation, including awareness, assessment,
evaluation, preparation, and implementation of
cybersecurity services; and
(B) achieving compliance with the
Cybersecurity Maturity Model Certification
framework of the Department of Defense; and
(2) may be used by a Center to employ trained
personnel to deliver cybersecurity services to small
manufacturers.
(d) Biennial Reports.--
(1) In general.--Not less frequently than once
every two years, the Secretary shall submit to the
congressional defense committees, the Committee on
Commerce, Science, and Transportation of the Senate,
and the Committee on Science, Space, and Technology of
the House of Representatives a report on financial
assistance awarded under this section.
(2) Contents.--To the extent practicable, each
report submitted under paragraph (1) shall include the
following with respect to the years covered by each
such report:
(A) The number of small manufacturers
assisted.
(B) A description of the cybersecurity
services provided.
(C) A description of the cybersecurity
matters addressed.
(D) An analysis of the operational
effectiveness and cost-effectiveness of such
cybersecurity services.
(e) Termination.--The authority of the Secretary to award
financial assistance under this section shall terminate on the
date that is five years after the date of the enactment of this
section.
(f) Definitions.--In this section:
(1) Center.--The term ``Center'' has the meaning
given such term in section 25(a) of the National
Institute of Standards and Technology Act (15 U.S.C.
278k(a)).
(2) Small manufacturer.--The term ``small
manufacturer'' has the meaning given such term in
section 1644(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2224 note).
SEC. 1739. ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT
HUNTING PROGRAM.
(a) Assessment Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall complete an assessment of the feasibility, suitability,
definition of, and resourcing required to establish a defense
industrial base cybersecurity threat hunting program to
actively identify cybersecurity threats and vulnerabilities
within the defense industrial base.
(b) Elements.--The assessment required under section (a)
shall include evaluation of the following:
(1) Existing defense industrial base cybersecurity
threat hunting policies and programs, including the
threat hunting elements at each level of the
compliance-based Cybersecurity Maturity Model
Certification program of the Department of Defense,
including requirements germane to continuous
monitoring, discovery, and investigation of anomalous
activity indicative of a cybersecurity incident.
(2) The suitability of a continuous cybersecurity
threat hunting program, as a supplement to the cyber
hygiene requirements of the Cybersecurity Maturity
Model Certification, including consideration of the
following:
(A) Collection and analysis of metadata on
network activity to detect possible intrusions.
(B) Rapid investigation and remediation of
possible intrusions.
(C) Requirements for mitigating any
vulnerabilities identified pursuant to the
cybersecurity threat hunting program.
(D) Mechanisms for the Department of
Defense to share with entities in the defense
industrial base malicious code, indicators of
compromise, and insights on the evolving threat
landscape.
(3) Recommendations with respect to cybersecurity
threat hunting program participation of prime
contractors and subcontractors, including relating to
the following:
(A) Incentives for defense industrial base
entities to share with the Department of
Defense threat and vulnerability information
collected pursuant to threat monitoring and
hunting activities.
(B) Mandating minimum levels of program
participation for any defense industrial base
entity.
(C) Procurement prohibitions on any defense
industrial base entity that is not in
compliance with the requirements of the
cybersecurity threat hunting program.
(D) Waiver authority and criteria.
(E) Consideration of a tiered cybersecurity
threat hunting program that takes into account
the following:
(i) The cybersecurity maturity of
defense industrial base entities.
(ii) The roles of such entities.
(iii) Whether each such entity
possesses classified information or
controlled unclassified information and
covered defense networks.
(iv) The covered defense
information to which each such entity
has access as a result of contracts
with the Department of Defense.
(4) Whether the continuous cybersecurity threat-
hunting program described in paragraph (2) should be
conducted by--
(A) qualified prime contractors or
subcontractors;
(B) accredited third-party cybersecurity
vendors;
(C) with contractor consent--
(i) United States Cyber Command; or
(ii) a component of the Department
of Defense other than United States
Cyber Command;
(D) the deployment of network sensing
technologies capable of identifying and
filtering malicious network traffic; or
(E) a combination of the entities specified
in subparagraphs (A) through (D).
(5) The resources necessary, governance structures
or changes in regulation or law needed, and
responsibility for execution of a defense industrial
base cybersecurity threat hunting program, as well as
any other considerations determined relevant by the
Secretary.
(6) A timelime for establishing the defense
industrial base cybersecurity threat hunting program
not later than two years after the date of the
enactment of this Act.
(7) Identification of any barriers that would
prevent such establishment.
(c) Consultation.--In conducting the assessment required
under subsection (a), the Secretary of Defense shall consult
with and solicit recommendations from representative industry
stakeholders across the defense industrial base regarding the
elements described in subsection (b) and potential stakeholder
costs of compliance.
(d) Determination and Briefing.--Upon completion of the
assessment required under subsection (a), the Secretary of
Defense shall make a determination regarding the establishment
of a defense industrial base cybersecurity threat hunting
program and provide a briefing to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on--
(1) the findings of the Secretary with respect to
such assessment and such determination; and
(2) such implementation plans as the Secretary may
have arising from such findings.
(e) Implementation.--If the Secretary of Defense makes a
positive determination pursuant to subsection (d) of the
feasibility and suitability of establishing a defense
industrial base threat cybersecurity threat hunting program,
the Secretary shall establish such program. Not later than 180
days after a positive determination, the Secretary of Defense
shall promulgate such rules and regulations as are necessary to
establish the defense industrial base cybersecurity threat
hunting program under this section.
SEC. 1740. DEFENSE DIGITAL SERVICE.
(a) Relationship With United States Digital Service.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of Defense and the Administrator of the
United States Digital Service shall establish a direct
relationship between the Department of Defense and the United
States Digital Service to address authorities, hiring
processes, roles, and responsibilities of the Defense Digital
Service.
(b) Certification.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense and the
Administrator of the United States Digital Service shall
jointly certify to the congressional defense committees, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Reform of the House
of Representatives that the skills and qualifications of the
Department of Defense personnel assigned to and supporting the
core functions of the Defense Digital Service are consistent
with the skills and qualifications United States Digital
Service personnel.
(c) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary of Defense and the
Administrator of the United States Digital Service shall
provide to the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Armed Services and the Committee on Oversight
and Reform of the House of Representatives a briefing on the
relationship established in subsection (a).
SEC. 1741. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND CYBERSPACE
AND LIMITATION OF FUNDING FOR NATIONAL DEFENSE
UNIVERSITY.
(a) Prohibitions.--The Secretary of Defense may not--
(1) eliminate, divest, downsize, reorganize, or
seek to reduce the number of students educated at the
College of Information and Cyberspace of the National
Defense University, or
(2) obligate or expend more than 60 percent of the
funds authorized to be appropriated by this Act for
fiscal year 2021 for the National Defense University,
until 60 days after the date on which the congressional defense
committees receive the report required by subsection (d).
(b) Assessment.--The Chairman of the Joint Chiefs of Staff,
in consultation with the Under Secretary of Defense for Policy,
the Under Secretary of Defense for Personnel and Readiness, the
Principal Cyber Advisor, the Principal Information Operations
Advisor of the Department of Defense, the Chief Information
Officer of the Department, the Chief Financial Officer of the
Department, and the Commander of United States Cyber Command,
shall assess requirements for joint professional military
education and civilian leader education in the information
environment and cyberspace domain to support the Department and
other national security institutions of the Federal Government.
(c) Further Assessment, Determination, and Review.--The
Under Secretary of Defense for Policy, in consultation with the
Under Secretary of Defense for Personnel and Readiness, the
Principal Cyber Advisor, the Principal Information Operations
Advisor of the Department of Defense, the Chief Information
Officer of the Department, the Chief Financial Officer of the
Department, the Chairman of the Joint Chiefs of Staff, and the
Commander of United States Cyber Command, shall--
(1) determine whether the importance, challenges,
and complexity of the modern information environment
and cyberspace domain warrant--
(A) a college at the National Defense
University, a college independent of the
National Defense University whose leadership is
responsible to the Office of the Secretary of
Defense, or an independent public or private
university; and
(B) the provision of resources, services,
and capacity at levels that are the same as, or
decreased or enhanced in comparison to, those
resources, services, and capacity in place at
the College of Information and Cyberspace on
January 1, 2019;
(2) review the plan proposed by the National
Defense University for eliminating the College of
Information and Cyberspace and reducing and
restructuring the information and cyberspace faculty,
course offerings, joint professional military education
and degree and certificate programs, and other services
provided by the College and the effects of such changes
on the military and civilian personnel requirements of
the cyber workforce;
(3) assess the changes made to the College of
Information and Cyberspace since January 1, 2019, and
the actions necessary to reverse those changes,
including relocating the College and its associated
budget, faculty, staff, students, and facilities
outside of the National Defense University; and
(4) determine the Department of Defense's overall
personnel requirement for cyber and information
educated military and civilian personnel.
(d) Report Required.--Not later than March 1, 2021, the
Secretary shall present to the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate a briefing, and not later than May 1,
2021, the Secretary shall submit to such committees a report,
on--
(1) the findings of the Secretary with respect to
the assessments, determinations, and reviews conducted
under subsections (b) and (c); and
(2) such recommendations as the Secretary may have
for higher education needs in the information
environment and cyberspace domain.
SEC. 1742. DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY
MATURITY MODEL CERTIFICATION FRAMEWORK.
(a) Cyber Security Practices and Capabilities in the
Department of Defense.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense, acting through the Chief
Information Officer of the Department of Defense and
the Commander, Joint Forces Headquarters-Department of
Defense Information Network, shall assess each
Department component against the Cybersecurity Maturity
Model Certification (CMMC) framework and submit to the
congressional defense committees a report that
identifies each such component's CMMC level and
implementation of the cybersecurity practices and
capabilities required in each of the levels of the CMMC
framework. The report shall include, for each component
that does not achieve at least level 3 status (referred
to as ``good cyber hygiene'' in CMMC Model ver. 1.02),
a determination as to whether and details as to how--
(A) such component will implement relevant
security measures to achieve a desired CMMC or
other appropriate capability and performance
threshold prior to March 1, 2022; and
(B) such component will mitigate potential
risks until such measures are implemented.
(2) Comptroller general report required.--Not later
than 180 days after the submission of the report
required under paragraph (1), the Comptroller General
of the United States shall conduct an independent
review of the report and provide a briefing to the
congressional defense committees on the findings of the
review.
(b) Briefing on Implementation of Certain Cybersecurity
Recommendations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing regarding
the plans of the Secretary to implement certain cybersecurity
recommendations to ensure--
(1) the Chief Information Officer of the Department
of Defense takes appropriate steps to ensure
implementation of Department of Defense Cybersecurity
Culture and Compliance Initiative (DC3I) tasks;
(2) Department components develop plans with
scheduled completion dates to implement any remaining
Cybersecurity Discipline Implementation Plan (CDIP)
tasks overseen by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a
Department component to oversee the implementation of
any CDIP tasks not overseen by the Chief Information
Officer and reports on progress relating to such
implementation;
(4) Department components accurately monitor and
report information on the extent that users have
completed Cyber Awareness Challenge training, as well
as the number of users whose access to the Department
network was revoked because such users have not
completed such training;
(5) the Chief Information Officer ensures all
Department components, including Defense Advanced
Research Projects Agency (DARPA), require their users
to take Cyber Awareness Challenge training; and
(6) the Chief Information Officer assesses the
extent to which senior leaders of the Department have
more complete information to make risk-based decisions,
and revise the recurring reports (or develop a new
report) accordingly, including information relating to
the Department's progress on implementing--
(A) cybersecurity practices identified in
cyber hygiene initiatives; and
(B) cyber hygiene practices to protect
Department networks from key cyberattack
techniques.
(c) Cybersecurity Maturity Model Certification Funding
Limitation.--Of the funds authorized to be appropriated by this
Act for fiscal year 2021 for implementation of the CMMC, not
more than 60 percent of such funds may be obligated or expended
until the Under Secretary of Defense for Acquisition and
Sustainment delivers to the congressional defense committees a
plan for implementation of the CMMC via requirements in
procurement contracts, developed in coordination with the
Principal Cyber Advisor and the Chief Information Officer of
the Department of Defense. The plan shall include a timeline
for pilot activities, a description of the planned relationship
between Department of Defense and the auditing or accrediting
bodies, a funding and activity profile for the Defense
Industrial Base Cybersecurity Assessment Center, and a
description of efforts to ensure that the service acquisition
executives and service program managers are equipped to
implement the CMMC requirements and facilitate contractors'
meeting relevant requirements.
SEC. 1743. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL
GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32
U.S.C. 501 note) is amended by striking ``shall expire on the
date that is two years after the date of the enactment of this
Act'' and inserting ``shall expire on August 31, 2022''.
SEC. 1744. NATIONAL CYBER EXERCISES.
(a) Requirement.--Not later than December 31, 2023, the
Secretary of Homeland Security, in coordination with the
Director of National Intelligence, the Attorney General, and
the Secretary of Defense, shall conduct an exercise, which may
be a tabletop exercise, to test the resilience, response, and
recovery of the United States to a significant cyber incident
impacting critical infrastructure. The Secretary shall convene
similar exercises not fewer than three times, in consultation
with such officials, until 2033.
(b) Planning and Preparation.--The exercises required under
subsection (a) shall be prepared by--
(1) appropriate personnel from--
(A) the Department of Homeland Security;
(B) the Department of Defense; and
(C) the Department of Justice; and
(2) appropriate elements of the intelligence
community, identified by the Director of National
Intelligence.
(c) Submission to Congress.--For each fiscal year in which
an exercise is planned, the Secretary, in coordination with the
Director of National Intelligence, the Attorney General, and
the Secretary of Defense, shall submit to the appropriate
congressional committees a plan for the exercise not later than
180 days prior to the exercise. Each such plan shall include
information regarding the goals of the exercise at issue, how
the exercise is to be carried out, where and when the exercise
will take place, how many individuals are expected to
participate from each Federal agency specified in subsection
(b), and the costs or other resources associated with the
exercise.
(d) Participants.--
(1) Federal government participants.--Appropriate
personnel from the following Federal agencies shall
participate in each exercise required under subsection
(a):
(A) The Department of Homeland Security.
(B) The Department of Defense, as
identified by the Secretary of Defense.
(C) Elements of the intelligence community,
as identified by the Director of National
Intelligence.
(D) The Department of Justice, as
identified by the Attorney General.
(E) Sector-specific agencies, as determined
by the Secretary of Homeland Security.
(2) State and local governments.--The Secretary
shall invite representatives from State, local, and
Tribal governments to participate in each exercise
required under subsection (a) if the Secretary
determines such is appropriate.
(3) Private entities.--Depending on the nature of
an exercise being conducted under subsection (a), the
Secretary, in consultation with the senior
representative of the sector-specific agencies
participating in such exercise in accordance with
paragraph (1)(E), shall invite the following
individuals to participate:
(A) Representatives from appropriate
private entities.
(B) Other individuals whom the Secretary
determines will best assist the United States
in preparing for, and defending against, a
significant cyber incident impacting critical
infrastructure.
(4) International partners.--Depending on the
nature of an exercise being conducted under subsection
(a), the Secretary may, in coordination with the
Secretary of State, invite allies and partners of the
United States to participate in such exercise.
(e) Observers.--The Secretary may invite representatives
from the executive and legislative branches of the Federal
Government to observe an exercise required under subsection
(a).
(f) Elements.--Each exercise required under subsection (a)
shall include the following elements:
(1) Exercising the orchestration of cybersecurity
response and the provision of cyber support to Federal,
State, local, and Tribal governments and private
entities, including the exercise of the command,
control, and deconfliction of--
(A) operational responses through
interagency coordination processes and response
groups; and
(B) each Federal agency participating in
such exercise in accordance with subsection
(d)(1).
(2) Testing of the information sharing needs and
capabilities of exercise participants.
(3) Testing of the relevant policy, guidance, and
doctrine, including the National Cyber Incident
Response Plan of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security.
(4) Testing of the integration and interoperability
between the entities participating in the exercise in
accordance with subsection (d).
(5) Exercising the integration and interoperability
of the cybersecurity operation centers of the Federal
Government, as appropriate, in coordination with
appropriate cabinet level officials.
(g) Briefing.--
(1) In general.--Not later than 180 days after the
date on which each exercise required under subsection
(a) is conducted, the Secretary shall provide to the
appropriate congressional committees a briefing on the
exercise.
(2) Contents.--Each briefing required under
paragraph (1) shall include--
(A) an assessment of the decision and
response gaps observed in the exercise at
issue;
(B) proposed recommendations to improve the
resilience, response, and recovery of the
United States to a significant cyber attack
against critical infrastructure; and
(C) appropriate plans to address the
recommendations proposed under subparagraph
(B).
(h) Repeal.--Subsection (b) of section 1648 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1119) is repealed.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Armed Services of the
House of Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of
the House of Representatives;
(E) the Select Committee on Intelligence of
the Senate;
(F) the Permanent Select Committee on
Intelligence of the House of Representatives;
(G) the Committee on the Judiciary of the
Senate;
(H) the Committee on the Judiciary of the
House of Representatives;
(I) the Committee on Commerce, Science, and
Transportation of the Senate;
(J) the Committee on Science, Space, and
Technology of the House of Representatives;
(K) the Committee on Foreign Relations of
the Senate; and
(L) the Committee on Foreign Affairs of the
House of Representatives.
(2) Element of the intelligence community.--The
term ``element of the intelligence community'' means an
element specified or designated under section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(3) Private entity.--The term ``private entity''
has the meaning given the term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(5) Sector-specific agency.--The term ``sector-
specific agency'' has the meaning given the term
``Sector-Specific Agency'' in section 2201 of the
Homeland Security Act of 2002 (6 U.S.C. 651).
(6) State.--The term ``State'' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
SEC. 1745. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.
(a) DHS Review.--
(1) In general.--In order to strengthen the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, the Secretary of
Homeland Security shall conduct a comprehensive review
of the ability of the Agency to fulfill--
(A) the missions of the Agency; and
(B) the recommendations detailed in the
report issued by the Cyberspace Solarium
Commission under section 1652(k) of the John S.
McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
(2) Elements of review.--The review conducted under
paragraph (1) shall include the following elements:
(A) An assessment of how additional budget
resources could be used by the Cybersecurity
and Infrastructure Security Agency for projects
and programs that--
(i) support the national risk
management mission;
(ii) support public and private-
sector cybersecurity;
(iii) promote public-private
integration; and
(iv) provide situational awareness
of cybersecurity threats.
(B) A comprehensive force structure
assessment of the Cybersecurity and
Infrastructure Security Agency, including--
(i) a determination of the
appropriate size and composition of
personnel to accomplish the mission of
the Agency, as well as the
recommendations detailed in the report
issued by the Cyberspace Solarium
Commission under section 1652(k) of the
John S. McCain National Defense
Authorization Act for Fiscal Year 2019
(Public Law 115-232);
(ii) an assessment of whether
existing personnel are appropriately
matched to the prioritization of
threats in the cyber domain and risks
in critical infrastructure;
(iii) an assessment of whether the
Agency has the appropriate personnel
and resources to--
(I) perform risk
assessments, threat hunting,
incident response to support
both private and public
cybersecurity;
(II) carry out the
responsibilities of the Agency
related to the security of
Federal information and Federal
information systems; and
(III) carry out the
critical infrastructure
responsibilities of the Agency,
including national risk
management; and
(iv) an assessment of whether
current structure, personnel, and
resources of regional field offices are
sufficient in fulfilling agency
responsibilities and mission
requirements.
(3) Submission of review.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to Congress
a report detailing the results of the assessments
required under paragraph (1), including recommendations
to address any identified gaps.
(b) General Services Administration Review.--
(1) In general.--The Administrator of the General
Services Administration shall--
(A) conduct a review of current
Cybersecurity and Infrastructure Security
Agency facilities and assess the suitability of
such facilities to fully support current and
projected mission requirements nationally and
regionally; and
(B) make recommendations regarding
resources needed to procure or build a new
facility or augment existing facilities to
ensure sufficient size and accommodations to
fully support current and projected mission
requirements, including the integration of
personnel from the private sector and other
departments and agencies.
(2) Submission of review.--Not later than one year
after the date of the enactment of this Act, the
Administrator of the General Services Administration
shall submit the review required under subsection (a)
to--
(A) the President;
(B) the Secretary of Homeland Security; and
(C) the Committee on Homeland Security and
Governmental Affairs, the Committee on
Appropriations, and the Committee on
Environment and Public Work of the Senate, and
the Committee on Homeland Security, the
Committee on Appropriations, the Committee on
Oversight and Reform, and the Committee on
Transportation and Infrastructure of the House
of Representatives.
SEC. 1746. REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE
ALLOCATION.
(a) In General.--Not later than April 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report detailing the actions the Secretary will
undertake to implement clauses (ii) and (iii) of section
167b(d)(2) of title 10, United States Code, including actions
to ensure that the Commander of United States Cyber Command has
enhanced authority, direction, and control of the Cyber
Operations Forces and the equipment budget that enables Cyber
Operations Forces' operations and readiness, beginning with the
budget to be submitted to Congress by the President under
section 1105(a) of title 31, United States Code, for fiscal
year 2024, and the budget justification materials for the
Department of Defense to be submitted to Congress in support of
such budget.
(b) Elements.--The report required by subsection (a) shall
address the following items:
(1) The procedures by which the Principal Cyber
Advisor (PCA) will exercise authority, direction, and
oversight over the Commander of United States Cyber
Command, with respect to Cyber Operations Forces-
peculiar equipment and resources.
(2) The procedures by which the Commander of United
States Cyber Command will--
(A) prepare and submit to the Secretary
program recommendations and budget proposals
for Cyber Operations Forces and for other
forces assigned to United States Cyber Command;
and
(B) exercise authority, direction, and
control over the expenditure of funds for--
(i) forces assigned to United
States Cyber Command; and
(ii) Cyber Operations Forces
assigned to other unified combatant
commands.
(3) Recommendations for actions to enable the
Commander of United States Cyber Command to execute the
budget and acquisition responsibilities of the
Commander in excess of currently imposed limits on the
Cyber Operations Procurement Fund, including potential
increases in personnel to support the Commander.
(4) The procedures by which the Secretary will
categorize and track funding obligated or expended for
Cyber Operations Forces-peculiar equipment and
capabilities.
(5) The methodology and criteria by which the
Secretary will characterize equipment as being Cyber
Operations Forces-peculiar.
SEC. 1747. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
(a) Plan for Implementation of Findings and Recommendations
From First Annual Assessment of Cyber Resiliency of Nuclear
Command and Control System.--Not later than October 1, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a comprehensive plan, including a schedule
and resourcing plan, for the implementation of the findings and
recommendations included in the first report submitted under
section 499(c)(3) of title 10, United States Code.
(b) Concept of Operations and Oversight Mechanism for Cyber
Defense of Nuclear Command and Control System.--Not later than
October 1, 2021, the Secretary shall develop and establish--
(1) a concept of operations for defending the
nuclear command and control system against cyber
attacks, including specification of the--
(A) roles and responsibilities of relevant
entities within the Office of the Secretary,
the military services, combatant commands, the
Defense Agencies, and the Department of Defense
Field Activities; and
(B) cybersecurity capabilities to be
acquired and employed and operational tactics,
techniques, and procedures, including cyber
protection team and sensor deployment
strategies, to be used to monitor, defend, and
mitigate vulnerabilities in nuclear command and
control systems; and
(2) an oversight mechanism or governance model for
overseeing the implementation of the concept of
operations developed and established under paragraph
(1), related development, systems engineering, and
acquisition activities and programs, and the plan
required by subsection (a), including specification of
the--
(A) roles and responsibilities of relevant
entities within the Office of the Secretary,
the military services, combatant commands, the
Defense Agencies, and the Department of Defense
Field Activities in overseeing the defense of
the nuclear command and control system against
cyber attacks;
(B) responsibilities and authorities of the
Strategic Cybersecurity Program in overseeing
and, as appropriate, executing--
(i) vulnerability assessments; and
(ii) development, systems
engineering, and acquisition
activities; and
(C) processes for coordination of
activities, policies, and programs relating to
the cybersecurity and defense of the nuclear
command and control system.
SEC. 1748. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT
REGIONAL SECURITY STACKS ACTIVITY.
(a) Independent Review.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall seek to enter into a contract with a not-
for-profit entity or federally-funded research and
development center independent of the Department of
Defense to conduct a review of the Joint Regional
Security Stacks program.
(2) Matters for inclusion.--The review conducted
under paragraph (1) shall include each of the
following:
(A) An assessment of the efficacy of the
Joint Regional Security Stacks program and how
such program has been managed and executed.
(B) An analysis of the capabilities and
performance of the program as compared to
alternative solutions utilizing commercial
products and services.
(C) An evaluation of the program's ability
to meet Department of Defense performance
metrics.
(D) An assessment of what measures would be
required for the program to meet future to meet
cost and schedule milestones, including
training requirements.
(b) Baseline Review.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall undertake a baseline review of the Joint
Regional Security Stacks program.
(2) Elements.--The baseline review undertaken
pursuant to paragraph (1) shall determine whether the
Joint Regional Security Stacks program--
(A) should proceed as a program of record,
with modifications as specified in subsection
(c), for exclusively the Non-Classified
Internet Protocol Network (NIPRNET) or for such
network and the Secret Internet Protocol
Network (SIPRNET); or
(B) should be phased out across the
Department of Defense with each of the Joint
Regional Security Stacks replaced through the
institution of cost-effective and capable
networking and cybersecurity technologies,
architectures, and operational concepts within
five years of the date of the enactment of this
Act.
(3) Incorporation.--The baseline review shall
incorporate the results of the review conducted under
subsection (a).
(c) Plan to Transition to Program of Record.--If the
Secretary of Defense determines under subsection (b) that the
Joint Regional Security Stacks program should proceed, not
later than October 1, 2021, the Secretary shall develop a plan
to transition such program to a program of record, governed by
standard Department of Defense acquisition program requirements
and practices, including the following:
(1) Baseline operational requirements
documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program
manager, under the oversight of the Under Secretary of
Defense for Acquisition and Sustainment and the Chief
Information Officer of the Department of Defense,
responsible for pertinent doctrine, organization,
training, materiel, leadership and education,
personnel, facilities and policy matters, and the
development of effective tactics, techniques, and
procedures.
(4) Manning and training requirements
documentation.
(5) Operational test planning.
(d) Limitations.--
(1) Limitation on use of funds.--None of the funds
authorized to be appropriated by this Act may be used
to field Joint Regional Security Stacks on the Secret
Internet Protocol Network in fiscal year 2021.
(2) Limitation on operational deployment.--The
Secretary of Defense may not conduct an operational
deployment of Joint Regional Security Stacks to the
Secret Internet Protocol Network in fiscal year 2021.
(e) Submission to Congress.--Not later than December 1,
2021, the Secretary shall submit to the congressional defense
committees--
(1) the findings of the Secretary with respect to
the baseline review conducted pursuant to subsection
(b);
(2) the plan developed under subsection (c), if
any; and
(3) a proposal for the replacement of Joint
Regional Security Stacks, if the Secretary determines
under subsection (b) that it should be replaced.
SEC. 1749. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.
(a) Limitation on Funding.--Of the amounts authorized to be
appropriated for fiscal year 2021 by section 301 for operation
and maintenance and available for the Office of the Secretary
of Defense for the travel of persons as specified in the table
in section 4301--
(1) not more than 25 percent shall be available
until the date on which the report required by
subsection (h)(1) of section 1631 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) is submitted to the Committee on Armed
Services of the Senate and the Committee on Armed
Services House of Representatives; and
(2) not more than 75 percent shall be available
until the date on which the strategy and posture review
required by subsection (g) of such section is submitted
to such committees.
(b) Requirements of Strategy and Posture Review.--Paragraph
(1) of section 1631(g) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397
note)--
(1) in subparagraph (D), by striking the semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(F) designate a Department of Defense
entity to develop, apply, and continually
refine an assessment capability for defining
and measuring the impact of Department
information operations, which entity shall be
organizationally independent of Department
components performing or otherwise engaged in
operational support to Department information
operations.''.
SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF DEFENSE
NATIONAL SECURITY SYSTEMS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report detailing the mission need and efficacy of full disk
encryption across Non-classified Internet Protocol Router
Network (NIPRNet) and Secretary Internet Protocol Router
Network (SIPRNet) endpoint computer systems. Such report shall
cover matters relating to cost, mission impact, and
implementation timeline.
SEC. 1751. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR
ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER
DATA SCIENCE AND SOFTWARE DEVELOPMENT PERSONNEL.
(a) Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall review applicable Department of Defense guidance and
where beneficial issue new guidance to the secretaries of the
military departments and the heads of the defense components on
improved use of the direct hiring processes for artificial
intelligence professionals and other data science and software
development personnel.
(b) Objective.--The objective of the guidance issued under
subsection (a) shall be to ensure that organizational leaders
assume greater responsibility for the results of civilian
hiring of artificial intelligence professionals and other data
science and software development personnel.
(c) Contents of Guidance.--At a minimum, the guidance
required by subsection (a) shall--
(1) instruct human resources professionals and
hiring authorities to utilize available direct hiring
authorities (including excepted service authorities)
for the hiring of artificial intelligence professionals
and other data science and software development
personnel, to the maximum extent practicable;
(2) instruct hiring authorities, when using direct
hiring authorities, to prioritize utilization of panels
of subject matter experts over human resources
professionals to assess applicant qualifications and
determine which applicants are best qualified for a
position;
(3) authorize and encourage the use of ePortfolio
reviews to provide insight into the previous work of
applicants as a tangible demonstration of capabilities
and contribute to the assessment of applicant
qualifications by subject matter experts; and
(4) encourage the use of referral bonuses for
recruitment and hiring of highly qualified artificial
intelligence professionals and other data science and
software development personnel in accordance with
volume 451 of Department of Defense Instruction
1400.25.
(d) Report.--
(1) In general.--Not later than one year after the
date on which the guidance is issued under subsection
(a), the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on
the guidance issued pursuant to subsection (a).
(2) Contents.--At a minimum, the report submitted
under paragraph (1) shall address the following:
(A) The objectives of the guidance and the
manner in which the guidance seeks to achieve
those objectives.
(B) The effect of the guidance on the
hiring process for artificial intelligence
professionals and other data science and
software development personnel, including the
effect on--
(i) hiring time;
(ii) the use of direct hiring
authority;
(iii) the use of subject matter
experts; and
(iv) the quality of new hires, as
assessed by hiring managers and
organizational leaders.
SEC. 1752. NATIONAL CYBER DIRECTOR.
(a) Establishment.--There is established, within the
Executive Office of the President, the Office of the National
Cyber Director (in this section referred to as the ``Office'').
(b) National Cyber Director.--
(1) In general.--The Office shall be headed by the
National Cyber Director (in this section referred to as
the ``Director'') who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Position.--The Director shall hold office at
the pleasure of the President.
(3) Pay and allowances.--The Director shall be
entitled to receive the same pay and allowances as are
provided for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(c) Duties of the National Cyber Director.--
(1) In general.--Subject to the authority,
direction, and control of the President, the Director
shall--
(A) serve as the principal advisor to the
President on cybersecurity policy and strategy
relating to the coordination of--
(i) information security and data
protection;
(ii) programs and policies intended
to improve the cybersecurity posture of
the United States;
(iii) efforts to understand and
deter malicious cyber activity;
(iv) efforts to increase the
security of information and
communications technology and services
and to promote national supply chain
risk management and vendor security;
(v) diplomatic and other efforts to
develop norms and international
consensus around responsible state
behavior in cyberspace;
(vi) awareness and adoption of
emerging technology that may enhance,
augment, or degrade the cybersecurity
posture of the United States; and
(vii) such other cybersecurity
matters as the President considers
appropriate;
(B) offer advice and consultation to the
National Security Council and its staff, the
Homeland Security Council and its staff, and
relevant Federal departments and agencies, for
their consideration, relating to the
development and coordination of national cyber
policy and strategy, including the National
Cyber Strategy;
(C) lead the coordination of implementation
of national cyber policy and strategy,
including the National Cyber Strategy, by--
(i) in coordination with the heads
of relevant Federal departments or
agencies, monitoring and assessing the
effectiveness, including cost-
effectiveness, of the implementation of
such national cyber policy and strategy
by Federal departments and agencies;
(ii) making recommendations,
relevant to changes in the
organization, personnel, and resource
allocation and to policies of Federal
departments and agencies, to the heads
of relevant Federal departments and
agencies in order to implement such
national cyber policy and strategy;
(iii) reviewing the annual budget
proposals for relevant Federal
departments and agencies and advising
the heads of such departments and
agencies whether such proposals are
consistent with such national cyber
policy and strategy;
(iv) continuously assessing and
making relevant recommendations to the
President on the appropriate level of
integration and interoperability across
the Federal cyber centers;
(v) coordinating with the Attorney
General, the Federal Chief Information
Officer, the Director of the Office of
Management and Budget, the Director of
National Intelligence, and the Director
of the Cybersecurity and Infrastructure
Security Agency, on the streamlining of
Federal policies and guidelines,
including with respect to
implementation of subchapter II of
chapter 35 of title 44, United States
Code, and, as appropriate or
applicable, regulations relating to
cybersecurity;
(vi) reporting annually to the
President, the Assistant to the
President for National Security
Affairs, and Congress on the state of
the cybersecurity posture of the United
States, the effectiveness of such
national cyber policy and strategy, and
the status of the implementation of
such national cyber policy and strategy
by Federal departments and agencies;
and
(vii) such other activity as the
President considers appropriate to
further such national cyber policy and
strategy;
(D) lead coordination of the development
and ensuring implementation by the Federal
Government of integrated incident response to
cyberattacks and cyber campaigns of significant
consequence, including--
(i) ensuring and facilitating
coordination among relevant Federal
departments and agencies in the
development of integrated operational
plans, processes, and playbooks,
including for incident response, that
feature--
(I) clear lines of
authority and lines of effort
across the Federal Government;
(II) authorities that have
been delegated to an
appropriate level to facilitate
effective operational responses
across the Federal Government;
and
(III) support for the
integration of defensive cyber
plans and capabilities with
offensive cyber plans and
capabilities in a manner
consistent with improving the
cybersecurity posture of the
United States;
(ii) ensuring the exercising of
defensive operational plans, processes,
and playbooks for incident response;
(iii) ensuring the updating of
defensive operational plans, processes,
and playbooks for incident response as
needed to keep them updated; and
(iv) reviewing and ensuring that
defensive operational plans, processes,
and playbooks improve coordination with
relevant private sector entities, as
appropriate;
(E) preparing the response by the Federal
Government to cyberattacks and cyber campaigns
of significant consequence across Federal
departments and agencies with responsibilities
pertaining to cybersecurity and with the
relevant private sector entities, including--
(i) developing for the approval of
the President, in coordination with the
Assistant to the President for National
Security Affairs and the heads of
relevant Federal departments and
agencies, operational priorities,
requirements, and plans;
(ii) ensuring incident response is
executed consistent with the plans
described in clause (i); and
(iii) ensuring relevant Federal
department and agency consultation with
relevant private sector entities in
incident response;
(F) coordinate and consult with private
sector leaders on cybersecurity and emerging
technology issues in support of, and in
coordination with, the Director of the
Cybersecurity and Infrastructure Security
Agency, the Director of National Intelligence,
and the heads of other Federal departments and
agencies, as appropriate;
(G) annually report to Congress on
cybersecurity threats and issues facing the
United States, including any new or emerging
technologies that may affect national security,
economic prosperity, or enforcing the rule of
law; and
(H) be responsible for such other functions
as the President may direct.
(2) Delegation of authority.--(A) The Director
may--
(i) serve as the senior representative to
any organization that the President may
establish for the purpose of providing the
President advice on cybersecurity;
(ii) subject to subparagraph (B), be
included as a participant in preparations for
and, when appropriate, the execution of
domestic and international summits and other
international meetings at which cybersecurity
is a major topic;
(iii) delegate any of the Director's
functions, powers, and duties to such officers
and employees of the Office as the Director
considers appropriate; and
(iv) authorize such successive re-
delegations of such functions, powers, and
duties to such officers and employees of the
Office as the Director considers appropriate.
(B) In acting under subparagraph (A)(ii) in the
case of a summit or a meeting with an international
partner, the Director shall act in coordination with
the Secretary of State.
(d) Attendance and Participation in National Security
Council Meetings.--Section 101(c)(2) of the National Security
Act of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking ``and
the Chairman of the Joint Chiefs of Staff'' and inserting ``the
Chairman of the Joint Chiefs of Staff, and the National Cyber
Director''.
(e) Powers of the Director.--The Director may, for the
purposes of carrying out the functions of the Director under
this section--
(1) subject to the civil service and classification
laws, select, appoint, employ, and fix the compensation
of such officers and employees as are necessary and
prescribe their duties, except that not more than 75
individuals may be employed without regard to any
provision of law regulating the employment or
compensation at rates not to exceed the basic rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code;
(2) employ experts and consultants in accordance
with section 3109 of title 5, United States Code, and
compensate individuals so employed for each day
(including travel time) at rates not in excess of the
maximum rate of basic pay for grade GS-15 as provided
in section 5332 of such title, and while such experts
and consultants are so serving away from their homes or
regular place of business, to pay such employees travel
expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of such title 5 for persons
in Federal Government service employed intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and
duties vested in the Director;
(4) utilize, with their consent, the services,
personnel, and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and
on such terms as the Director may determine
appropriate, with any Federal agency, or with any
public or private person or entity;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title
31, United States Code;
(7) adopt an official seal, which shall be
judicially noticed; and
(8) provide, where authorized by law, copies of
documents to persons at cost, except that any funds so
received shall be credited to, and be available for use
from, the account from which expenditures relating
thereto were made.
(f) Rules of Construction.--Nothing in this section may be
construed as--
(1) modifying any authority or responsibility,
including any operational authority or responsibility
of any head of a Federal department or agency;
(2) authorizing the Director or any person acting
under the authority of the Director to interfere with
or to direct a criminal or national security
investigation, arrest, search, seizure, or disruption
operation;
(3) amending a legal restriction that was in effect
on the day before the date of the enactment of this Act
that requires a law enforcement agency to keep
confidential information learned in the course of a
criminal or national security investigation;
(4) authorizing the Director or any person acting
under the authority of the Director to interfere with
or to direct a military operation;
(5) authorizing the Director or any person acting
under the authority of the Director to interfere with
or to direct any diplomatic or consular activity;
(6) authorizing the Director or any person acting
under the authority of the Director to interfere with
or to direct an intelligence activity, resource, or
operation; or
(7) authorizing the Director or any person acting
under the authority of the Director to modify the
classification of intelligence information.
(g) Definitions.--In this section:
(1) The term ``cybersecurity posture'' means the
ability to identify, to protect against, to detect, to
respond to, and to recover from an intrusion in an
information system the compromise of which could
constitute a cyber attack or cyber campaign of
significant consequence.
(2) The term ``cyber attack and cyber campaign of
significant consequence'' means an incident or series
of incidents that has the purpose or effect of--
(A) causing a significant disruption to the
confidentiality, integrity, or availability of
a Federal information system;
(B) harming, or otherwise significantly
compromising the provision of service by, a
computer or network of computers that support
one or more entities in a critical
infrastructure sector;
(C) significantly compromising the
provision of services by one or more entities
in a critical infrastructure sector;
(D) causing a significant misappropriation
of funds or economic resources, trade secrets,
personal identifiers, or financial information
for commercial or competitive advantage or
private financial gain; or
(E) otherwise constituting a significant
threat to the national security, foreign
policy, or economic health or financial
stability of the United States.
(3) The term ``incident'' has the meaning given
such term in section 3552 of title 44, United States
Code.
(4) The term ``incident response'' means a
government or private sector activity that detects,
mitigates, or recovers from a cyber attack or cyber
campaign of significant consequence.
(5) The term ``information security'' has the
meaning given such term in section 3552 of title 44,
United States Code.
(6) The term ``intelligence'' has the meaning given
such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Subtitle A--Definitions
Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.
Subtitle B--Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.
Subtitle C--Contracting Methods and Contract Types
Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.
Subtitle D--General Contracting Provisions
Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.
Subtitle E--Research and Engineering
Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs
generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.
Subtitle G--Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H--Contract Management
Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Subtitle I--Defense Industrial Base
Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use
technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement
program.
Sec. 1873. Loan guarantee programs.
Subtitle J--Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who
are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy
procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.
(a) Activities.--Not later than February 1, 2021, the
Secretary of Defense shall establish a process to engage
interested parties and experts from the public and private
sectors, as determined appropriate by the Secretary, in a
comprehensive review of this title and the amendments made by
this title.
(b) Assessment and Report.--Not later than March 15, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a report evaluating this title and the
amendments made by this title that shall include the following
elements:
(1) Specific recommendations for modifications to
the legislative text of this title and the amendments
made by this title, along with a list of conforming
amendments to law required by this title and the
amendments made by this title.
(2) A summary of activities conducted pursuant to
the process established under subsection (a), including
an assessment of the effect of this title and the
amendments made by this title on related Department of
Defense activities, guidance, and interagency
coordination.
(3) An implementation plan for updating the
regulations and guidance relating to this title and the
amendments made by this title that contains the
following elements:
(A) A description of how the plan will be
implemented.
(B) A schedule with milestones for the
implementation of the plan.
(C) A description of the assignment of
roles and responsibilities for the
implementation of the plan.
(D) A description of the resources required
to implement the plan.
(E) A description of how the plan will be
reviewed and assessed to monitor progress.
(4) Such other items as the Secretary considers
appropriate.
(d) Enactment and Implementation.--
(1) Delayed enactment.--Except as specifically
provided, this title and the amendments made by this
title shall take effect on January 1, 2022.
(2) Delayed implementation.--Not later than January
1, 2023, the Secretary of Defense shall take such
action as necessary to revise or modify the Department
of Defense Supplement to the Federal Acquisition
Regulation and other existing authorities affected by
the enactment of this title and the amendments made by
this title.
(3) Applicability.--
(A) In general.--The Secretary of Defense
shall apply the law as in effect on December
31, 2021, with respect to contracts entered
into during the covered period.
(B) Covered period defined.--In this
paragraph, the term ``covered period'' means
the period beginning on January 1, 2022, and
ending on the earlier of--
(i) the date on which the Secretary
of Defense revises or modifies
authorities pursuant to paragraph (2);
or
(ii) January 1, 2023.
Subtitle A--Definitions
SEC. 1806. DEFINITIONS.
(a) New Chapter.--
(1) New subchapter.--Part V of subtitle A of title
10, United States Code, as added by section 801 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is amended by
striking chapter 201 and inserting the following:
``CHAPTER 201--DEFINITIONS
``Subchapter Sec.
``I. Definitions Relating to Defense Acquisition System Generally. 3001
``II. Definitions Applicable to Procurement Generally............. 3011
``III. Definitions Relating to Major Systems and Major Defense
Acquisition Programs................................ 3041
``SUBCHAPTER I--DEFINITIONS RELATING TO DEFENSE ACQUISITION SYSTEM
GENERALLY
``Sec.
``3001. Defense acquisition system; element of the defense acquisition
system.
``3002. Federal Acquisition Regulation.
``3003. Defense Federal Acquisition Regulation Supplement.
``3004. Head of an agency.
``3005. Service chief concerned.
``3006. Acquisition workforce.
``Sec. 3001. Defense acquisition system; element of the defense
acquisition system
``Sec. 3002. Federal Acquisition Regulation
``Sec. 3003. Defense Federal Acquisition Regulation Supplement
``[Reserved].
``Sec. 3004. Head of an agency
``Sec. 3005. Service chief concerned
``[Reserved].
``Sec. 3006. Acquisition workforce
``For the definition of the term `acquisition workforce'
for the purposes of this part, see section 101(a)(18) of this
title.''.
(2) Transfer of section 2545(2).--Paragraph (2) of
section 2545 of title 10, United States Code, is
transferred to section 3001 of such title, as added by
paragraph (1), inserted after the section heading,
redesignated as subsection (a), realigned 2 ems to the
left, and amended--
(A) by striking ``The term'' and inserting
``Defense Acquisition System.--In this part,
the term'';
(B) by striking ``means the'' and inserting
``means--
``(1) the'';
(C) by striking ``of Defense; the
management'' and inserting ``of Defense;
``(2) the management''; and
(D) by striking ``of Defense; and the'' and
inserting ``of Defense; and
``(3) the''.
(3) Transfer of section 2545(3).--Paragraph (3) of
section 2545 of title 10, United States Code, is
transferred to section 3001 of such title, as added by
paragraph (1), inserted after subsection (a), as
transferred and redesignated by paragraph (2),
redesignated as subsection (b), realigned 2 ems to the
left, and amended--
(A) by striking ``The term'' and inserting
``Element of the Defense Acquisition System.--
In this part, the term'';
(B) by striking ``organization that
employs'' and inserting ``organization that--
``(1) employs'';
(C) by striking ``workforce, carries out''
and inserting ``workforce;
``(2) carries out''; and
(D) by striking ``functions, and focuses''
and inserting ``functions; and
``(3) focuses''.
(4) Transfer of section 2545(1).--Paragraph (1) of
section 2545 of title 10, United States Code, is
transferred to section 3001 of such title, as added by
paragraph (1), inserted after subsection (b), as
transferred and redesignated by paragraph (3),
redesignated as subsection (c), realigned 2 ems to the
left, and amended by striking ``The term'' and
inserting ``Acquisition.--In this section, the term''.
(5) Transfer of section 2302(6).--Paragraph (6) of
section 2302 of title 10, United States Code, is
transferred to section 3002 of such title, as added by
paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended--
(A) by striking the paragraph designation;
and
(B) by striking ``The term'' and inserting
``In this part, the term''.
(6) Transfer of section 2302(1).--Paragraph (1) of
section 2302 of title 10, United States Code, is
transferred to section 3004 of such title, as added by
paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended--
(A) by striking the paragraph designation;
and
(B) by striking ``The term'' and inserting
``In this part, the term''.
(b) New Subchapter II.--
(1) In general.--Such chapter is further amended by
adding at the end the following new subchapter:
``SUBCHAPTER II--DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY
``Sec.
``3011. Definitions incorporated from title 41.
``3012. Competitive procedures.
``3013. Technical data.
``3014. Nontraditional defense contractor.
``3015. Simplified acquisition threshold.
``3016. Chapter 137 legacy provisions.
``Sec. 3011. Definitions incorporated from title 41
``Sec. 3012. Competitive procedures
``Sec. 3013. Technical data
``Sec. 3014. Nontraditional defense contractor
``Sec. 3015. Simplified acquisition threshold''.
(2) Transfer of 2302(3).--Paragraph (3) of section
2302 of such title is transferred to section 3011 of
such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and
amended--
(A) by striking the paragraph designation;
(B) by striking ``The following'' and
inserting ``In any chapter 137 legacy
provision, the following''; and
(C) by redesignating subparagraphs (A)
through (M) as paragraphs (1) through (13),
respectively.
(3) Transfer of 2302(2).--Paragraph (2) of section
2302 of such title is transferred to section 3012 of
such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and
amended--
(A) by striking the paragraph designation;
(B) by striking ``The term'' and inserting
``In this part, the term'';
(C) by redesignating subparagraphs (A),
(B), (C), (D), and (E) as paragraphs (1), (2),
(3), (4), and (5), respectively; and
(D) by redesignating clauses (i) and (ii)
of paragraph (3), as so redesignated, as
subparagraphs (A) and (B), respectively.
(4) Transfer of 2302(4).--Paragraph (4) of section
2302 of such title is transferred to section 3013 of
such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and
amended--
(A) by striking the paragraph designation;
and
(B) by striking ``The term'' and inserting
``In any chapter 137 legacy provision, the
term''.
(5) Transfer of 2302(9).--Paragraph (9) of section
2302 of such title is transferred to section 3014 of
such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and
amended--
(A) by striking the paragraph designation;
(B) by striking ``The term'' and inserting
``In this part, the term''; and
(C) by striking ``section 2371(a) or
2371b'' and inserting ``section 4002(a) or
4003''.
(6) Transfer of 2302(7) & (8).--Paragraphs (7) and
(8) of section 2302 of such title are transferred to
section 3015 of such title, as added by paragraph (1),
and redesignated as paragraphs (1) and (2),
respectively, and such section is further amended by
inserting before paragraph (1), as so redesignated, the
following:
``In this part:''.
(7) Chapter 137 legacy provisions defined.--
Subchapter II of such chapter, as added by paragraph
(1), is further amended by adding at the following new
section:
``Sec. 3016. Chapter 137 legacy provisions
``In this part, the term `chapter 137 legacy provisions'
means the following sections of this title: sections 3002,
3004, 3011-3015, 3041, 3063-3069, 3134, 3151-3157, 3201-3208,
3221-3227, 3241, 3243, 3249, 3252, 3301-3309, 3321-3323, 3344,
3345, 3371-3375, 3377, 3401, 3403, 3405, 3406, 3501-3511, 3531-
3535, 3571, 3572, 3573, 3701-3708, 3741-3750, 3761, 3771-3775,
3781-3786, 3791, 3794, 3801-3807, 3841, 3842, 3847, 3881, 3901,
3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576,
4657, 4660, 4751, 4752, and 8751.''.
(c) New Subchapter III.--
(1) In general.--Such chapter is further amended by
adding after subchapter II, as added by subsection (b),
the following new subchapter:
``SUBCHAPTER III--DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR
DEFENSE ACQUISITION PROGRAMS
``Sec.
``3041. Major system.
``3042. Major defense acquisition program.
``Sec. 3041. Major system
``Sec. 3042. Major defense acquisition program
``For the definition of the term `major defense acquisition
program' for purposes of this part, see section 4201 of this
title.''.
(2) Transfer of 2302(5).--Paragraph (5) of section
2302 of such title is transferred to section 3041 of
such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left,
redesignated as subsection (a), and amended--
(A) by striking ``The term'' and inserting
``In General.--In this part (other than in
sections 4292(e) and 4321), the term'';
(B) by designating the third sentence as
subsection (b);
(C) in subsection (b), as so designated--
(i) by inserting ``System
Considered to Be a Major System.--''
before ``A system shall be''; and
(ii) by striking ``system if (A)''
and all that follows and inserting
``system if--
``(1) the conditions of subsection (c) or (d), as
applicable, are satisfied; or
``(2) the system is designated a `major system' by
the head of the agency responsible for the system.''.
(3) Transfer of 2302d(a) and (b).--Subsections (a)
and (b) of section 2302d of such title are transferred
to section 3041 of such title, as amended by paragraph
(2), inserted after subsection (b), as designated by
paragraph (2)(B), redesignated as subsections (c) and
(d), respectively, and amended--
(A) by striking ``section 2302(5) of this
title'' in both subsections and inserting
``subsection (b)''; and
(B) in subsection (c), as so redesignated--
(i) by striking ``Systems.--For
purposes of'' and inserting
``Systems.--
``(1) In general.--For purposes of'';
(ii) by redesignating paragraphs
(1) and (2) as subparagraphs (A) and
(B), respectively; and
(iii) by adding at the end the
following new paragraph:
``(2) Adjustment authority.--Authority for the
Secretary of Defense to adjust amounts and the base
fiscal year in effect under this subsection is provided
in section 4202(b) of this title.''.
(d) Conforming Repeal.--Section 2302 of title 10, United
States Code, is repealed.
(e) Conforming Cross-reference Amendments.--
(1) Head of an agency.--The following provisions of
law are amended by striking ``section 2302(1)'' and
inserting ``section 3004'':
(A) Section 2218(k)(4) of title 10, United
States Code.
(B) Section 2646(c)(1) of title 10, United
States Code.
(2) Major system.--The following provisions of law
are amended by striking ``section 2302(5)'' and
inserting ``section 3041'':
(A) Section 933(e)(1)(A) of the National
Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 2224 note).
(B) Section 932(b)(1) of the Ike Skelton
National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 2224
note).
(C) Section 254(f)(1) of the Duncan Hunter
National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 2302
note).
(D) Section 812(k) of the John Warner
National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 10 U.S.C. 2302
note).
(E) Section 4471(f)(1) of the National
Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 2501 note).
(3) Nontraditional defense contractor.--The
following provisions of law are amended by striking
``section 2302(9)'' or ``section 2302'', as the case
may be, and inserting ``section 3014'':
(A) Section 1110(b)(2) of the National
Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 1701 note).
(B) Section 217(e)(2)(D) of the National
Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2222 note).
(C) Section 843(c)(4) of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 2302
note).
(D) Section 884(e)(1) of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 2302 note).
(E) Section 866(e)(3) of the Ike Skelton
National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 2302
note).
(F) Section 831(o)(2)(H)(i) of the National
Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note).
(4) Significant nonmajor defense acquisition
program.--Section 1737(a)(3) of title 10, United States
Code, is amended by striking ``section 2302(5)(A)''
both places it appears and inserting ``section
3041(b)(1)''.
(5) Simplified acquisition threshold.--Section
801(f)(4) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2304
note) is amended by striking ``section 2302(7)'' and
inserting ``section 3015(a)'':
SEC. 1807. GENERAL MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 203 and inserting
the following:
``CHAPTER 203--GENERAL MATTERS
``Sec.
``3061. [Reserved].
``3062. Regulations.
``3063. Covered agencies.
``3064. Applicability chapter 137 legacy provisions.
``3065. Assignment and delegation of procurement functions and
responsibilities: delegation within agency.
``3066. Assignment and delegation of procurement functions and
responsibilities: procurements for or with other agencies.
``3067. Approval required for military department termination or
reduction in participation in joint acquisition programs.
``3068. Inapplicability of certain laws.
``3069. Buy-to-budget acquisition: end items.
``3070. Limitation on acquisition of excess supplies.
``3071. [Reserved].
``3072. Comptroller General assessment of acquisition programs and
initiatives.''.
(b) Section 2202 of Title 10 (partial).--
(1) In general.--Chapter 203 of title 10, United
States Code, as amended by subsection (a), is amended
by inserting after the table of sections the following
new sections:
``Sec. 3062. Regulations
``The Secretary of Defense shall prescribe regulations
governing the performance within the Department of Defense of
the procurement functions, and related functions, of the
Department of Defense.''.
(2) Conforming amendments.--
(A) Section 2202 of title 10, United States
Code, is amended by striking ``procurement,''.
(B) The heading of such section, and the
item relating to such section in the table of
sections at the beginning of chapter 131 of
such title, are amended by striking the third
word and the comma following that word.
(c) Section 2303 of Title 10.--
(1) In general.--Chapter 203 of title 10, United
States Code, is amended by adding after section 3062,
as added by subsection (b), the following new sections:
``Sec. 3063. Covered agencies
``For purposes of any provision of law referring to this
section, the agencies named in this section are the following:
``Sec. 3064. Applicability of chapter 137 legacy provisions''.
(2) Transfer of list of covered agencies.--
Paragraphs (1) through (6) of section 2303(a) of title
10, United States Code, are transferred to the end of
section 3063 of such title, as added by paragraph (1).
(3) Transfer of applicability provisions.--
Subsection (a) (as amended by paragraph (2)) and
subsection (b) of section 2303 of such title are
transferred to section 3064 of such title, as added by
paragraph (1), inserted after the section heading, and
amended--
(A) in subsection (a)--
(i) by striking ``This chapter''
and inserting ``General
Applicability.--Any provision of this
part that is a chapter 137 legacy
provision;''
(ii) by striking ``of the following
agencies'' and inserting ``by any of
the agencies named in section 3063 of
this title''; and
(iii) by striking the colon after
``funds'' and inserting a period; and
(B) in subsection (b), by striking ``The
provisions of this chapter'' and inserting
``Applicability to Contracts for Installation
or Alteration.--The provisions of this part
that are chapter 137 legacy provisions''.
(4) Conforming repeal.--Section 2303 of title 10,
United States Code, is repealed.
(d) Transfer of Section 2311 of Title 10.--
(1) Transfer.--Section 2311 of title 10, United
States Code, is transferred to chapter 203 of such
title, inserted after section 3064, as added by
subsection (c), and redesignated as section 3065.
(2) Division into three sections.--The text
transferred and redesignated by paragraph (1) is
amended--
(A) by inserting after subsection (a) the
following new section heading:
``Sec. 3066. Assignment and delegation of procurement functions and
responsibilities: procurements for or with other
agencies'';
(B) by inserting after subsection (b) the
following new section heading:
``Sec. 3067. Approval required for military department termination or
reduction in participation in joint acquisition
programs'';
(C) in section 3065, as so redesignated--
(i) by striking ``(a) In General.--
''; and
(ii) by striking ``under this
chapter'' and inserting ``under any
provision of this part that is a
chapter 137 legacy provision'';
(D) in section 3066, as so designated--
(i) by striking ``(b) Procurements
for or With Other Agencies.--Subject to
subsection (a)'' and inserting
``Subject to section 3065 of this
title'';
(ii) by striking ``covered by this
chapter'' and inserting ``covered by
any provision of this part that is a
chapter 137 legacy provision''; and
(iii) by striking ``section 2303''
and inserting ``section 3063''; and
(E) in section 3067, as so designated--
(i) by redesignating subsection (c)
as subsection (a);
(ii) by striking ``(1)'';
(iii) by redesignating paragraph
(2) as subsection (b) and inserting
``Required Content of Regulations.--''
before ``The regulations''; and
(iv) by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2),
respectively.
(3) Conforming amendment.--The heading of section
3065, as transferred and redesignated by paragraph (1),
is amended to read as follows:
``Sec. 3065. Assignment and delegation of procurement functions and
responsibilities: delegation within agency''.
(e) Transfer and Consolidation of Sections 2314 & 2315 of
Title 10.--
(1) New section.--Chapter 203 of title 10, United
States Code, is amended by adding after section 3067,
as designated by subsection (d), the following new
section:
``Sec. 3068. Inapplicability of certain laws''.
(2) Transfer of section 2314.--The text of section
2314 of such title is transferred to section 3068, as
added by paragraph (1), inserted after the section
heading, designated as subsection (a), and amended--
(A) by inserting ``Laws Inapplicable to
Agencies Named in Section 3063.--'' before
``Sections''; and
(B) by striking ``section 2303'' and
inserting ``section 3063 of this title''.
(3) Transfer of section 2315.--The text of section
2315 of such title is transferred to section 3068, as
added by paragraph (1), inserted after subsection (a),
as transferred and designated by paragraph (2),
designated as subsection (b), and amended by inserting
``Laws Inapplicable to Procurement of Automatic Data
Processing Equipment and Services for Certain Defense
Purposes.--'' before ``Sections''.
(4) Conforming repeals.--Sections 2314 and 2315 of
title 10, United States Code, are repealed.
(f) Transfer of Section 2308.--Section 2308 of title 10,
United States Code, is transferred to chapter 203 of such
title, inserted after section 3068, as added by subsection (e),
redesignated as section 3069, and amended by striking ``section
2304'' in subsection (b)(2) and inserting ``sections 3201
through 3205''.
(g) Transfer of Sections 2213 and 2229b.--
(1) Transfer.--Sections 2213 and 2229b of such
title are transferred to chapter 203 of such title,
inserted after section 3069, as transferred and
redesignated by subsection (f), and redesignated as
sections 3070 and 3072, respectively.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 131 of such title is amended
by striking the items relating to section 2213 and
2229b.
SEC. 1808. DEFENSE ACQUISITION SYSTEM.
(a) Transfer of Chapter 149.--
(1) Transfer of chapter.--Chapter 149 of title 10,
United States Code, is transferred to part V of
subtitle A of that title, as added by section 801 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), inserted in
place of chapter 205 as enacted by that section, and
redesignated as chapter 205.
(2) Redesignation of sections.--Sections in chapter
205 of title 10, United States Code, as transferred and
redesignated by paragraph (1), are redesignated as
follows:
----------------------------------------------------------------------------------------------------------------
New Section
Old Section No. No.
----------------------------------------------------------------------------------------------------------------
2545 3101
2546 3103
2546a 3102
2547 3104
2548 3105
----------------------------------------------------------------------------------------------------------------
(3) Revision of order of sections.--
(A) Section 3102 of such title, as
redesignated by paragraph (2), is transferred
within such section so as to appear after
section 3101, as so redesignated.
(B) The items in the table of sections at
the beginning of such chapter, as transferred
by paragraph (1), are amended to conform to the
redesignations made by paragraph (2) and the
transfer made by subparagraph (A).
(4) Tables of chapters.--The tables of chapters at
the beginning of subtitle A, and at the beginning of
part IV of subtitle A, of title 10, United States Code,
are amended by striking the item relating to chapter
149.
(b) Amendments to Transferred Sections.--
(1) Section 3101.--Section 3101 of title 10, United
States Code, as redesignated by subsection (a)(2), is
amended--
(A) by striking ``chapter:
``(1) The'' and
inserting ``chapter, the''; and
(B) by striking paragraphs (2), (3), and
(4).
(2) Section 3104.--Section 3104 of title 10, United
States Code, as redesignated by subsection (a)(2), is
amended--
(A) in subsection (b)(1), by striking
``section 2448a(a)'' and inserting ``section
4271(a)'';
(B) in subsection (b)(2)(B), by striking
``section 2366a'' and inserting ``section
4251'';
(C) in subsection (b)(2)(C), by striking
``section 2366b'' and inserting ``section
4252''; and
(D) in subsection (d)(3), by striking
``section 2446a(b)(5)'' and inserting ``section
4401(b)(5)''.
(3) Section 3105.--Section 3105 of title 10, United
States Code, as redesignated by subsection (a)(2), is
amended in subsection (b)(2)(B)(i) by striking
``section 2306a'' and inserting ``sections 3701 through
3708''.
(c) Division of Current 2548 Into Two Sections.--
(1) New section.--Such chapter is further amended--
(A) by inserting after subsection (c) of
such section 3105, as redesignated by
subsection (a)(2), the following new section
heading:
``Sec. 3106. Elements of the defense acquisition system: performance
goals''; and
(B) by redesignating subsections (d) and
(e) as subsections (a) and (b), respectively.
(2) Conforming amendment to new 3105 heading.--The
heading of such section 3105 is amended to read as
follows:
``Sec. 3105. Elements of the defense acquisition system: performance
assessments''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 205 of such title, as amended
by subsection (a)(3), is further amended by striking
the item relating to section 3105 and inserting the
following new items:
``3105. Elements of the defense acquisition system: performance
assessments.
``3106. Elements of the defense acquisition system: performance goals''.
(d) Cross-reference Amendments.--
(1) Section 129a(c)(3) of title 10, United States
Code, is amended by striking ``section 2545'' and
inserting ``section 3001''.
(2) Section 1701a of such title is amended by
striking ``chapter 149'' and inserting ``chapter 205''.
SEC. 1809. BUDGETING AND APPROPRIATIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 207 and inserting
the following:
``CHAPTER 207--BUDGETING AND APPROPRIATIONS
``Sec.
``3131. Availability of appropriations.
``3132. Availability of appropriations for procurement of technical
military equipment and supplies.
``3133. Contracts for periods crossing fiscal years: severable service
contracts; leases of real or personal property.
``3134. Allocation of appropriations.
``3135. Comparable budgeting for common procurement weapon systems.
``3136. Defense Modernization Account.
``3137. Procurement of contract services: specification of amounts
requested in budget.
``3138. Obligations for contract services: reporting in budget object
classes.''.
(b) Transfer of Section 2351.--Section 2351 of title 10,
United States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), inserted after the table
of sections, and redesignated as section 3131.
(c) Transfer of Section 2395.--Section 2395 of title 10,
United States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), inserted after section
3131, as transferred and redesignated by subsection (b), and
redesignated as section 3132.
(d) Transfer of Section 2410a.--Section 2410a of title 10,
United States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), inserted after section
3132, as transferred and redesignated by subsection (c), and
redesignated as section 3133.
(e) Transfer of Section 2309.--
(1) Transfer.--Section 2309 of title 10, United
States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), added after
section 3133, as transferred and redesignated by
subsection (d), and redesignated as section 3134.
(2) Amendments.--Such section is amended--
(A) in subsection (a), by striking ``named
in section 2303'' and inserting ``named in
section 3063''; and
(B) by adding at the end the following new
subsection:
``(c) For purposes of sections 3064 and 3066 of this title,
this section shall be deemed to be a section of chapter 137 of
this title.''.
(f) Transfer of Section 2217.--
(1) Transfer.--Section 2217 of title 10, United
States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), added after
section 3134, as transferred and redesignated by
subsection (e), and redesignated as section 3135.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 131 of such title is amended
by striking the item relating to section 2217.
(g) Transfer of Section 2216.--
(1) Transfer.--Section 2216 of title 10, United
States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), added after
section 3135, as transferred and redesignated by
subsection (f), and redesignated as section 3136.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 131 of such title is amended
by striking the item relating to section 2216.
(h) Transfer of Section 235.--
(1) Transfer.--Section 235 of title 10, United
States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), added after
section 3136, as transferred and redesignated by
subsection (g), and redesignated as section 3137.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 9 of such title is amended by
striking the item relating to section 235.
(i) Transfer of Section 2212.--
(1) Transfer.--Section 2212 of title 10, United
States Code, is transferred to chapter 207 of such
title, as amended by subsection (a), added after
section 3137, as transferred and redesignated by
subsection (h), and redesignated as section 3138.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 131 of such title is amended
by striking the item relating to section 2212.
SEC. 1810. OPERATIONAL CONTRACT SUPPORT.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 209 and inserting
the following:
``CHAPTER 209--OPERATIONAL CONTRACT SUPPORT
``Subchapter Sec.
``I. Joint Policies on Requirements Definition, Contingency
Program Management, and Contingency Contracting..... 3151
``II. Other Provisions Relating to Operational Contract Support... 3171
``SUBCHAPTER I--JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY
PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING
``Sec.
``3151. Joint policy requirement.
``3152. Requirements definition matters covered.
``3153. Contingency program management matters covered.
``3154. Contingency contracting matters covered.
``3155. Training for personnel outside acquisition workforce.
``3156. Mission readiness exercises.
``3157. Definitions; applicability.
``Sec. 3151. Joint policy requirement
``Sec. 3152. Requirements definition matters covered
``Sec. 3153. Contingency program management matters covered
``Sec. 3154. Contingency contracting matters covered
``Sec. 3155. Training for personnel outside acquisition workforce
``Sec. 3156. Mission readiness exercises
``Sec. 3157. Definitions; applicability
``In this subchapter:''.
(b) Transfer of Section 2333.--Provisions of section 2333
of title 10, United States Code, are transferred to chapter 209
of such title, as amended by subsection (a), as follows:
(1) Subsection (a).--Subsection (a) of such section
2333 is transferred to such chapter, inserted after the
heading for section 3151, and amended by striking the
subsection designation and subsection heading.
(2) Subsection (b).--Subsection (b) of such section
2333 is transferred to such chapter, inserted after the
heading for section 3152, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by striking ``subsection (a)'' and
inserting ``section 3151 of this title''.
(3) Subsection (c).--Subsection (c) of such section
2333 is transferred to such chapter, inserted after the
heading for section 3153, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by striking ``subsection (a)'' and
inserting ``section 3151 of this title''.
(4) Subsection (d).--Subsection (d) of such section
2333 is transferred to section 3154 of such chapter, as
added by subsection (a), inserted after the section
heading, redesignated as subsection (a), and amended--
(A) by striking ``Contingency Contracting
Matters Covered.--(1)'' and inserting ``In
General.--'';
(B) by redesignating paragraph (2) as
subsection (b) and inserting ``Interagency
Plans.--'' in that subsection before ``To the
extent'';
(C) by striking ``subsection (a)'' both
places it appears and inserting ``section 3151
of this title''; and
(D) in subsection (a), as so redesignated--
(i) by redesignating subparagraphs
(A) through (F) as paragraphs (1)
through (6), respectively; and
(ii) by redesignating clauses (i)
through (iv) of paragraph (4) (as so
redesignated) as subparagraphs (A)
through (D), respectively.
(5) Subsection (e).--Subsection (e) (other than
paragraph (3)) of such section 2333 is transferred to
section 3155 of such chapter, as added by subsection
(a), inserted after the section heading, redesignated
as subsection (a), and amended--
(A) by striking ``Training for Personnel
Outside Acquisition Workforce.--(1)'' and
inserting ``Required Training.--'';
(B) by striking ``subsection (a)'' and
inserting ``section 3151 of this title''; and
(C) by redesignating paragraph (2) as
subsection (b) and in that subsection--
(i) by striking ``Training under
paragraph (1)'' and inserting ``Scope
of Training.--Training under subsection
(a)''; and
(ii) by striking ``referred to in
that paragraph'' and all that follows
and inserting ``referred to in that
subsection--
``(1) understand the scope and scale of contractor
support they will experience in contingency operations;
and
``(2) are prepared for their roles and
responsibilities with regard to--
``(A) requirements definition;
``(B) program management (including
contractor oversight); and
``(C) contingency contracting.''.
(6) Subsection (e)(3).--Paragraph (3) of such
subsection (e) is transferred to such chapter, inserted
after the heading for section 3156, and amended--
(A) by striking the paragraph designation;
and
(B) by inserting ``required by section 3151
of this title'' after ``The joint policy''.
(7) Subsection (f).--Paragraphs (6), (5), (2), and
(1) of subsection (f) of such section are transferred
(in that order) to section 3157 of such chapter,
inserted at the end, and redesignated as paragraphs (1)
through (4), respectively.
(c) Cross Reference Amendment.--Paragraph (4)(B) of
subsection (a) of section 3154 of title 10, United States Code,
as transferred and redesignated by subsection (b)(3), is
amended by striking ``section 2304'' and inserting ``sections
3201 through 3205''.
(d) Additional Provisions Relating to Operational Contract
Support.--Chapter 209 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER II--OTHER PROVISIONS RELATING TO OPERATIONAL CONTRACT
SUPPORT
``Sec.
``3171. Contracts for property or services in support of a contingency
operation: competition and review.
``3172. Operational contract support: chain of authority and
responsibility within Department of Defense.
``Sec. 3171. Contracts for property or services in support of a
contingency operation: competition and review
``[Reserved].
``Sec. 3172. Operational contract support: chain of authority and
responsibility within Department of Defense
``[Reserved].''.
Subtitle B--Acquisition Planning
SEC. 1811. PLANNING AND SOLICITATION GENERALLY.
(a) Tables of Chapters Amendment.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115-232),
of title 10, United States Code, are amended by striking the
items relating to chapters 221 and 223 and inserting the
following:
``221. Planning and Solicitation Generally....................... 3201
``222. Independent Cost Estimation and Cost Analysis............. 3221
``223. Other Provisions Relating to Planning and Solicitation
Generally........................................... 3241
``225. Planning and Solicitation Relating to Particular Items or
Services...........................................3271''.
(b) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapters 221 and 223 and
inserting the following:
``CHAPTER 221--PLANNING AND SOLICITATION GENERALLY
``Sec.
``3201. Full and open competition.
``3202. [Reserved].
``3203. Exclusion of particular source or restriction of solicitation to
small business concerns.
``3204. Use of procedures other than competitive procedures.
``3205. Simplified procedures for small purchases.
``3206. Planning and solicitation requirements.
``3207. Assessment before contract for acquisition of supplies is
entered into.
``3208. Planning for future competition in contracts for major
systems.''.
(c) Section 2304 (partial).--
(1) Section heading.--Chapter 221 of title 10,
United States Code, as amended by subsection (b), is
amended by adding after the table of sections the
following new section:
``Sec. 3201. Full and open competition''.
(2) Transfer of subsection (a) of section 2304.--
Subsection (a) of section 2304 of title 10, United
States Code, is transferred to section 3201 of such
title, as added by paragraph (1), inserted after the
section heading, and amended--
(A) by redesignating paragraph (2) as
subsection (b);
(B) by striking ``(1) Except as provided in
subsections (b), (c), and (g),'' and inserting
``In General.--Except as provided in sections
3203, 3204(a), and 3205 of this title,'';
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated,
by striking ``this chapter'' and inserting
``this section and sections 3069, 3203, 3204,
3205, 3403, 3405, 3406, 3901 4501, and 4502 of
this title''; and
(E) in subsection (b), as redesignated by
subparagraph (A)--
(i) by inserting ``Determination of
Appropriate Competitive Procedures.--''
before ``In determining'';
(ii) by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1), as so
redesignated, by redesignating clauses
(i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D),
respectively; and
(iv) in paragraph (2), as so
redesignated, by striking ``clause
(A)'' and inserting ``paragraph (1)''.
(3) Transfer of subsection (j) of section 2304.--
Subsection (j) of such section 2304 is transferred to
such section 3201, inserted after subsection (b), as
transferred and redesignated by paragraph (2),
redesignated as subsection (c), and amended by
inserting ``Efficient Fulfillment of Government
Requirements.--'' before ``The Federal''.
(4) Transfer of subsection (h) of section 2304.--
Subsection (h) of such section 2304 is transferred to
such section 3201, inserted after subsection (c), as
transferred and redesignated by paragraph (3),
redesignated as subsection (d), and amended by
inserting ``Certain Purchases or Contracts to Be
Treated as if Made With Sealed-bid Procedures.--''
before ``For the purposes''.
(5) Transfer of subsection (k) of section 2304.--
Subsection (k) of such section 2304 is transferred to
such section 3201, inserted after subsection (d), as
transferred and redesignated by paragraph (4),
redesignated as subsection (e), and amended--
(A) by striking the subsection designation
and all that follows through ``section
2303(a)'' in paragraph (1) and inserting the
following:
``(e) New Contracts and Merit-based Selection Procedures.--
``(1) Congressional policy.--It is the policy of
Congress that an agency named in section 3063'';
(B) by moving paragraphs (2), (3), and (4)
two ems to the right;
(C) by switching paragraphs (2) and (3) and
redesignating them accordingly;
(D) in paragraph (2), as so redesignated by
subparagraph (C), by inserting ``New contract
described.--'' before ``For purposes of'';
(E) in paragraph (3), as so redesignated by
subparagraph (C), by inserting ``Provision of
law described.--'' before ``A provision of'';
and
(F) in paragraph (4)--
(i) by inserting ``Exception.--''
before ``This subsection''; and
(ii) by striking ``section
2303(a)'' and inserting ``section
3063''.
(d) Section 2304 (partial).--
(1) Section headings.--Chapter 221 of title 10,
United States Code, as amended by subsection (b), is
amended by adding after section 3201, as added by
subsection (c), the following new sections:
``Sec. 3203. Exclusion of particular source or restriction of
solicitation to small business concerns
``Sec. 3204. Use of procedures other than competitive procedures
``Sec. 3205. Simplified procedures for small purchases''.
(2) Transfer of subsection (b) of section 2304.--
Subsection (b) of section 2304 of title 10, United
States Code, is transferred to section 3203 of such
title, as added by paragraph (1), inserted after the
section heading, redesignated as subsection (a), and
amended--
(A) by striking the subsection designation
and all that follows through ``may provide
for'' the first place it appears and inserting
the following:
``(a) Exclusion of Particular Source.--
``(1) Criteria for exclusion.--The head of an
agency may provide for'';
(B) by striking ``covered by this chapter''
in the matter preceding subparagraph (A) and
inserting ``covered by chapter 137 legacy
provisions'';
(C) by indenting subparagraphs (A) through
(F) of paragraph (1) four ems from the left
margin;
(D) by redesignating paragraph (2) as
subsection (b) and in that subsection--
(i) inserting ``Exclusion of Other
Than Small Business Concerns.--''
before ``The head of''; and
(ii) striking ``this section'' and
inserting ``chapter 137 legacy
provisions'';
(E) by redesignating paragraph (3) as
subsection (c) and in that subsection--
(i) inserting ``Inapplicability of
Justification and Approval
Requirements.--'' before ``A
contract''; and
(ii) striking ``subsection (f)(1)''
and inserting ``section 3204(e)(1) of
this title''; and
(F) by transferring paragraph (4) to the
end of subsection (a), as so redesignated,
redesignating such paragraph as paragraph (2),
indenting such paragraph two ems from the left
margin, and inserting ``Determination for Class
Disallowed.--'' before ``A determination''.
(3) Transfer of subsection (c) of section 2304.--
Subsection (c) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by paragraph (1), inserted after the
section heading, redesignated as subsection (a), and
amended--
(A) by inserting ``When Procedures Other
Than Competitive Procedures May Be Used.--''
before ``The head of an agency may use'';
(B) in paragraph (3)--
(i) by striking ``in order (A) to
maintain'' and inserting ``in order--
``(A) to maintain'';
(ii) by striking ``industrial
mobilization, (B) to establish'' and
inserting ``industrial mobilization--
``(B) to establish'';
(iv) by striking ``development
center, or (C) to procure'' and
inserting ``development center--
``(C) to procure'';
(C) in paragraph (5), by striking
``subsection (k)'' and inserting ``section
3201(e) of this title''; and
(D) in paragraph (7), by inserting ``(who
may not delegate the authority under this
paragraph)'' after ``the head of the agency''.
(4) Transfer of subsection (d) of section 2304.--
Subsection (d) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by paragraph (1), inserted after
subsection (a), as transferred and redesignated by
paragraph (3), redesignated as subsection (b), and
amended--
(A) by striking ``(1) For the purposes''
and inserting ``Property or Services Considered
to Be Available From Only One Source.--For the
purposes'';
(B) by striking ``subsection (c)(1)'' and
inserting ``subsection (a)(1)'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as
subsection (c) and in that subsection--
(i) by striking ``(A) The contract
period'' and inserting ``Property or
Services Needed With Unusual and
Compelling Urgency.--
``(1) Allowable contract period.--The contract
period'';
(ii) by redesignating subparagraph
(B) as paragraph (2), indenting that
paragraph two ems from the left margin,
and striking ``this paragraph'' and
inserting ``Applicability of allowable
contract period.--This subsection'';
and
(iii) in paragraph (1), as
designated by clause (i)--
(I) by striking
``subparagraph (B)'' and
``subsection (c)(2)'' and
inserting ``paragraph (2)'' and
``subsection (a)(2)'',
respectively; and
(II) by redesignating
clauses (i) and (ii) as
subparagraphs (A) and (B),
respectively, redesignating
subclauses (I) and (II) of such
subparagraph (A) as clauses (i)
and (ii), respectively, and
moving such subparagraphs two
ems to the right.
(5) Transfer of subsection (e) of section 2304.--
Subsection (e) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by subparagraph (A), inserted after
subsection (c), as transferred and redesignated by
subparagraph (D), redesignated as subsection (d), and
amended--
(A) by inserting ``Offer Requests to
Potential Sources.--The head of''; and
(B) by striking ``subsection (c)(2) or
(c)(6)'' and inserting ``paragraph (2) or (6)
of subsection (a)''.
(6) Transfer of subsection (f) of section 2304.--
Subsection (f) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by paragraph (1), inserted after
subsection (d), as transferred and redesignated by
paragraph (5), redesignated as subsection (e), and
amended--
(A) by striking ``(1) Except as provided in
paragraph (2) and paragraph (6)'' and inserting
``Justification for Use of Procedures Other
Than Competitive Procedures.--''
``(1) Prerequisites for awarding contract.--Except
as provided in paragraphs (3), (4), and (7),'';
(B) by moving subparagraphs (A), (B), and
(C) of paragraph (1) two ems to the right;
(C) by switching paragraphs (2) and (3) and
redesignating those paragraphs accordingly;
(D) in paragraph (2), as so redesignated,
by inserting ``Elements of justification.--''
before ``The justification'';
(E) in paragraph (3), as so redesignated--
(i) by inserting ``Justification
and approval allowed after contract
awarded.--'' before ``In the case of'';
and
(ii) by striking ``subsection
(c)(2)'' in the first sentence and
inserting ``subsection (a)(2)'';
(F) by redesignating paragraphs (4), (5),
and (6) as paragraphs (5), (6), and (7),
respectively;
(G) by designating the second sentence of
paragraph (3), as redesignated by subparagraph
(C), as paragraph (4) and in that paragraph--
(i) by inserting ``Justification
and approval not required.--'' before
``The justification and approval'';
(ii) in subparagraph (C), by
striking ``subsection (c)(7)'' and
inserting ``subsection (a)(7)''; and
(iii) in subparagraph (E), by
striking ``subsection (c)(4)'' and
inserting ``subsection (a)(4)'';
(H) in paragraph (5), as redesignated by
subparagraph (F)--
(i) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively, and moving those clauses
two ems to the right;
(ii) by striking ``In no case'' and
inserting ``Restrictions on Agencies.--
``(A) In no case'';
(iii) in subparagraph (A)(ii), as
so redesignated, by striking ``this
chapter'' and inserting ``chapter 137
legacy provisions''; and
(iv) by designating the sentence
beginning ``The restriction contained''
as subparagraph (B) and by striking
``clause (B)'' in that sentence and
inserting ``subparagraph (A)(ii)'';
(I) in paragraph (6), as redesignated by
subparagraph (F), by striking ``(A) The
authority'' and inserting ``Limitation on
Delegations of Authority Under Paragraph
(1)(B).--(A) The authority'';
(J) in paragraph (7), as redesignated by
subparagraph (F), by inserting ``Justification
and approval not required for phase iii sbir
award.--'' before ``The justification''; and
(K) by moving such paragraphs (2) through
(7) two ems to the right.
(7) Transfer of subsection (l) of section 2304.--
Subsection (l) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by paragraph (1), inserted after
subsection (e), as transferred and redesignated by
paragraph (6), redesignated as subsection (f), and
amended--
(A) by striking ``(1)(A) Except as provided
in'' and inserting ``Public Availability of
Justification and Approval Required for Using
Procedures Other Than Competitive Procedures.--
``(1) Time requirement.--
``(A) Within 14 days after contract
award.--Except as provided in'';
(B) in paragraph (1)(A), by striking
``subsection (c)'' and ``subsection (f)(1)''
and inserting ``subsection (a)'' and
``subsection (e)(1)'', respectively;
(C) by indenting subparagraph (B) of
paragraph (1) four ems from the left margin and
in that subparagraph--
(i) by inserting ``Within 30 days
after contract award.--'' before ``In
the case of''; and
(ii) by striking ``subsection
(c)(2)'' and inserting ``subsection
(a)(2)'';
(D) by indenting paragraphs (2) and (3) two
ems from the left margin;
(E) in paragraph (2), by inserting
``Availability on websites.--'' before ``The
documents''; and
(F) in paragraph (3), by inserting
``Exception.--'' before ``This subsection''.
(8) Transfer of subsection (i) of section 2304.--
Subsection (i) of section 2304 of title 10, United
States Code, is transferred to section 3204 of such
title, as added by paragraph (1), inserted after
subsection (f), as transferred and redesignated by
paragraph (7), redesignated as subsection (g), and
amended--
(A) by striking ``(1) The Secretary'' and
inserting ``Regulations With Respect to
Negotiation of Prices.--''
``(1) The Secretary'';
(B) in paragraph (1), by striking ``, as
defined in section 2302(2) of this title''; and
(C) by moving paragraphs (2) and (3) two
ems to the right.
(9) Transfer of subsection (g) of section 2304.--
Subsection (g) of section 2304 of title 10, United
States Code, is transferred to section 3205 of such
title, as added by paragraph (1), inserted after the
section heading, redesignated as subsection (a), and
amended--
(A) by striking ``(1) in order to'' and
inserting ``Authorization.--In order to'';
(B) by redesignating paragraphs (2), (3),
and (4) as subsections (b), (c), and (d),
respectively;
(C) by redesignating subparagraphs (A) and
(B) in subsection (a) as paragraphs (1) and
(2), respectively;
(D) in subsection (b), as redesignated by
subparagraph (B)--
(i) by inserting ``Prohibition on
Dividing Contracts.--'' before ``A
proposed''; and
(ii) by striking ``paragraph (1)''
and inserting ``subsection (a)'';
(E) in subsection (c), as redesignated by
subparagraph (B), by inserting ``Promotion of
Competition.--'' before ``In using''; and
(F) in subsection (d), as redesignated by
subparagraph (B), by inserting ``Compliance
With Special Requirements of Federal
Acquisition Regulation.--'' before ``The head
of''.
(e) Section 2305(a).--
(1) In general.--Such chapter is further amended by
adding at the end the following new section:
``Sec. 3206. Planning and solicitation requirements''.
(2) Transfer of subsection (a) of section 2305.--
Subsection (a) of section 2305 of title 10, United
States Code, is transferred to section 3206 of such
title, as added by paragraph (1), and inserted after
the section heading, and paragraphs (2), (3), (4), and
(5) thereof are redesignated as subsections (b), (c),
(d), and (e), respectively.
(3) Revisions to subsection (a).--Subsection (a) of
such section 3206, as transferred by paragraph (2), is
amended--
(A) by redesignating subparagraphs (B) and
(C) as paragraphs (2) and (3), respectively;
(B) in paragraph (2), as so redesignated--
(i) by inserting ``Requirements of
specifications.--'' before ``Each
solicitation'';
(ii) by striking ``under this
chapter'' after ``Each solicitation''
and inserting ``under chapter 137
legacy provisions'';
(iii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(iv) in subparagraph (A), as so
redesignated, by striking ``of this
chapter'' and inserting ``of chapter
137 legacy provisions'';
(C) in paragraph (3), as so redesignated--
(i) by inserting ``Types of
specifications.--'' before ``For the
purposes''; and
(ii) by redesignating clauses (i),
(ii), and (ii) as subparagraphs (A),
(B), and (C), respectively;
(D) by moving such paragraphs (2) and (3)
two ems to the right; and
(E) in paragraph (1)--
(i) by striking ``(1)(A) In
preparing for'' and inserting
``Planning and Specifications.--
``(1) Preparing for procurement.--In preparing
for'';
(ii) by redesignating clauses (i),
(ii), and (ii) as subparagraphs (A),
(B), and (C), respectively; and
(iii) by moving such subparagraphs
two ems to the right.
(4) Revisions to subsection (b).--Subsection (b) of
such section 3206, as redesignated by paragraph (2), is
amended--
(A) in the matter preceding subparagraph
(A)--
(i) by inserting ``Contents of
solicitation.--'' before ``In addition
to''; and
(ii) by striking ``paragraph (1)''
and inserting ``subsection (a)'';
(B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(C) by redesignating clauses (i) and (ii)
of paragraphs (1) and (2) (as so redesignated)
as subparagraphs (A) and (B), respectively; and
(D) in subparagraphs (A) and (B) of such
paragraph (2), as so redesignated, by
redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively.
(5) Revisions to subsection (c).--Subsection (c) of
such section 3206, as redesignated by paragraph (2), is
amended--
(A) by striking ``(A) In prescribing the''
and inserting ``Evaluation Factors.--
``(1) In general.--In prescribing the'';
(B) by redesignating subparagraphs (B),
(C), (D), and (E) as paragraphs (2), (3), (4),
and (5), respectively, and moving those
paragraphs two ems to the right;
(C) in paragraph (1), as designated by
subparagraph (A)--
(i) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively, and moving
those paragraphs two ems to the right;
(ii) by redesignating subclauses
(I), (II), and (III) of subparagraph
(C) (as so redesignated) as clauses
(i), (ii), and (iii), respectively; and
(iii) by striking ``subparagraph
(C)'' both places it appears and
inserting ``paragraph (3)'';
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) by inserting ``Restriction on
implementing regulations.--'' before
``The regulations implementing''; and
(ii) by striking ``clause (iii) of
subparagraph (A)'' and inserting
``paragraph (1)(C)'';
(E) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``Exceptions for
certain multiple task or delivery order
contracts.--'' before ``If the head
of'';
(ii) by striking ``section
2304a(d)(1)(B)'' and inserting
``section 3403(d)(1)(B)'';
(iii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(iv) in subparagraph (A), as so
redesignated, by striking ``clause (ii)
of subparagraph (A)'' and inserting
``paragraph (1)(B)'' and
(v) in subparagraph (B), as so
redesignated--
(I) by striking ``clause
(i)'' in the matter preceding
subclause (I) and inserting
``subparagraph (A)'';
(II) by redesignating
subclauses (I) and (II) as
clauses (i) and (ii),
respectively;
(III) in clause (i), as so
redesignated, by striking
``clause (iii) of subparagraph
(A)'' and inserting ``paragraph
(1)(C)''; and
(IV) in clause (ii), as so
redesignated, by striking
``section 2304c(b)'' and
inserting ``section 3406(c)'';
(F) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by inserting ``Definition.--''
before ``In subparagraph'';
(ii) by striking ``subparagraph
(C)'' and inserting ``paragraph (3)'';
and
(iii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively; and
(G) in paragraph (5), as redesignated by
subparagraph (B), by striking ``Subparagraph
(C)'' and inserting ``Exclusion of
applicability to certain contracts.--Paragraph
(3)''.
(6) Revisions to subsection (d).--Subsection (d) of
such section 3206, as redesignated by paragraph (2), is
amended--
(A) by inserting ``Additional Information
in Solicitation.--'' before ``Nothing in'';
(B) by striking ``this subsection'' and
inserting ``this section''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(7) Revision to subsection (e).--Subsection (e) of
such section 3206, as redesignated by paragraph (2), is
amended by inserting ``Limitation on Evaluation of
Purchase Options.--'' before ``The head of''.
(f) Section 2305(c).--
(1) Section heading.--Such chapter is further
amended by adding at the end the following new section:
``Sec. 3207. Assessment before contract for acquisition of supplies is
entered into''.
(2) Transfer of subsection (c) of section 2305.--
Subsection (c) of section 2305 of title 10, United
States Code, is transferred to section 3207 of such
title, as added by paragraph (1), inserted after the
section heading, and amended by striking the subsection
designation.
(g) Section 2305(d).--
(1) Section heading.--Such chapter is further
amended by adding at the end the following new section:
``Sec. 3208. Planning for future competition in contracts for major
systems''.
(2) Transfer of subsection (d) of section 2305.--
Subsection (d) of section 2305 of title 10, United
States Code, is transferred to section 3208 of such
title, as added by paragraph (1), inserted after the
section heading, and redesignated as subsection (a),
and paragraphs (2), (3), and (4) thereof are
redesignated as subsections (b), (c), and (d),
respectively.
(3) Revisions to subsection (a).--Subsection (a) of
such section 3208, as transferred and redesignated by
paragraph (2), is amended--
(A) by striking ``(1)(A) The Secretary''
and inserting ``Development Contract.--
``(1) Determining whether proposals are
necessary.--The Secretary'';
(B) by striking ``subparagraph (B)'' in the
first sentence and inserting ``paragraph (2)'';
(C) by redesignating subparagraph (B) as
paragraph (2) and clauses (i) and (ii) thereof
as subparagraphs (A) and (B), respectively; and
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contents of
proposals.--'' before ``Proposals
referred to''; and
(ii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)''.
(4) Revisions to subsection (b).--Subsection (b) of
such section 3208, as redesignated by paragraph (2), is
amended--
(A) by striking ``(A) The Secretary'' and
inserting ``Production Contract.--
``(1) Determining whether proposals are
necessary.--The Secretary'';
(B) by striking ``subparagraph (B)'' in the
first sentence and inserting ``paragraph (2)'';
(C) by redesignating subparagraph (B) as
paragraph (2) and clauses (i) and (ii) thereof
as subparagraphs (A) and (B), respectively; and
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contents of
proposals.--'' before ``Proposals
referred to''; and
(ii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)''.
(5) Revisions to subsection (c).--Subsection (c) of
such section 3208, as redesignated by paragraph (2), is
amended--
(A) by inserting ``Consideration of Factors
as Objectives in Negotiations.--'' before ``If
the head of''; and
(B) by striking ``paragraphs (1) and (2)''
and inserting ``subsections (a) and (b)''.
(6) Revisions to subsection (d).--Subsection (d) of
such section 3208, as redesignated by paragraph (2), is
amended--
(A) by striking ``(A) Whenever the head
of'' and inserting ``Items Developed
Exclusively at Private Expense.--
``(1) Limitation.--Whenever the head of'';
(B) by redesignating subparagraph (B) as
paragraph (2), inserting ``Evaluation.--''
before ``In considering'', and indenting that
paragraph two ems from the left margin;
(C) by redesignating clauses (i) and (ii)
of paragraph (1) as subparagraphs (A) and (B),
respectively, and indenting those subparagraphs
four ems from the left margin; and
(D) by striking ``paragraph (1)(B) or
(2)(B)'' both places it appears and inserting
``subsection (a)(2) or (b)(2)''.
SEC. 1812. INDEPENDENT COST ESTIMATION AND COST ANALYSIS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 221, as
added by the preceding section, the following new chapter:
``CHAPTER 222--INDEPENDENT COST ESTIMATION AND COST ANALYSIS
``3221. Director of Cost Assessment and Program Evaluation.
``3222. Independent cost estimate required before approval.
``3223. Director: review of cost estimates, cost analyses, and records
of the military departments and Defense Agencies.
``3224. Director: participation, concurrence, and approval in cost
estimation.
``3225. Discussion of risk in cost estimates.
``3226. Estimates for program baseline and analyses and targets for
contract negotiation purposes.
``3227. Guidelines and collection method for acquisition of cost data.
``Sec. 3221. Director of Cost Assessment and Program Evaluation
``Sec. 3222. Independent cost estimate required before approval
``Sec. 3223. Director: review of cost estimates, cost analyses, and
records of the military departments and Defense
Agencies
``Sec. 3224. Director: participation, concurrence, and approval in cost
estimation
``Sec. 3225. Discussion of risk in cost estimates
``Sec. 3226. Estimates for program baseline and analyses and targets
for contract negotiation purposes
``Sec. 3227. Guidelines and collection method for acquisition of cost
data''.
(b) Transfer of Subsections (a) and (h) of Section 2334 to
Section 3221.--
(1) Transfer of subsection (a) of section 2334.--
Subsection (a) of section 2334 of title 10, United
States Code, is transferred to section 3221 of such
title, as added by subsection (a), inserted after the
section heading, and amended by designating the second
sentence as subsection (b).
(2) Revisions to new subsection (b).--Subsection
(b) of such section 3221, as designated by paragraph
(1), is amended--
(A) by striking ``In carrying out that
responsibility,'' and inserting ``Functions.--
In carrying out the responsibility of the
Director under subsection (a),'';
(B) in paragraph (2)--
(i) by striking ``provide
guidance'' and all that follows through
``Defense Agencies''; and
(ii) by striking ``of this title;''
and inserting ``of this title, provide
guidance to and consult with--
``(A) the Secretary of Defense;
``(B) the Under Secretary of Defense for
Acquisition and Sustainment;
``(C) the Under Secretary of Defense
(Comptroller);
``(D) the Secretaries of the military
departments; and
``(E) the heads of the Defense Agencies;'';
(C) in paragraph (6)(A)--
(i) in clause (i), by striking
``section 2366a or 2366b'' and
inserting ``section 4251 or 4252''; and
(ii) in clause (iii), by striking
``section 2433a'' and inserting
``section 4376''; and
(D) in paragraph (8), by striking ``section
2432(c)(1)'' and inserting ``section 4353(a)''.
(3) Transfer of subsection (h) of section 2334.--
Subsection (h) of section 2334 of title 10, United
States Code, is transferred to such section 3221,
inserted after subsection (b), as designated by
paragraph (2), and redesignated as subsection (c).
(c) Transfer of Subsection (b) of Section 2334.--
(1) Transfer.--Subsection (b) of section 2334 of
title 10, United States Code, is transferred to section
3222 of such title, as added by subsection (a),
inserted after the section heading, and redesignated as
subsection (a).
(2) Revisions.--Such section 3222 is amended--
(A) by striking ``Independent Cost Estimate
Required Before Approval.--(1) A milestone''
and inserting ``Requirement.-- A milestone'';
(B) by redesignating paragraph (2) as
subsection (b);
(C) in subsection (b), as so redesignated--
(i) by inserting ``Regulations.--''
before ``The regulations''; and
(ii) by striking ``subsection (a)''
and inserting ``section 3221 of this
title''; and
(D) in subsections (a) and (b), as so
redesignated, by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2),
respectively.
(d) Transfer of Subsection (c) of Section 2334.--Subsection
(c) of section 2334 of title 10, United States Code, is
transferred to section 3223 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation and subsection heading.
(e) Transfer of Subsection (d) of Section 2334.--
(1) Transfer.--Subsection (d) of section 2334 of
title 10, United States Code, is transferred to section
3224 of such title, as added by subsection (a), and
inserted after the section heading.
(2) Revisions.--Such section 3224 is amended--
(A) by striking the subsection designation
and subsection heading; and
(B) in paragraph (3), by striking
``subsection (a)(6)'' and inserting ``section
3221(b)(6) of this title''.
(f) Transfer of Subsection (e) of Section 2334.--
(1) Transfer.--Subsection (e) of section 2334 of
title 10, United States Code, is transferred to section
3225 of such title, as added by subsection (a), and
inserted after the section heading.
(2) Revisions.--Such section 3225 is amended--
(A) by striking the subsection designation
and subsection heading;
(B) in paragraph (3)(A), by striking
``subsection (a)(6)'' and inserting ``section
3221(b)(6) of this title''; and
(C) in paragraph (3)(B), by striking
``section 2432'' and inserting ``sections 4351
through 4358''.
(g) Transfer of Subsection (f) of Section 2334.--
(1) Transfer.--Subsection (f) of section 2334 of
title 10, United States Code, is transferred to section
3226 of such title, as added by subsection (a),
inserted after the section heading, and redesignated as
subsection (a).
(2) Revisions.--Such section 3226 is amended--
(A) by striking ``Estimates for'' and all
that follows through ``(1) The policies,'' and
inserting ``Cost Estimates Developed for
Specified Purposes Not to Be Used for Contract
Negotiations or Obligation of Funds.--The
policies,'';
(B) in subsection (a), as so redesignated--
(i) by striking ``subsection (a)''
and inserting ``section 3221 of this
title''; and
(ii) by striking ``subsection
(a)(6)'' and inserting ``subsection
(b)(6) of such section'';
(C) by redesignating paragraph (2) as
subsection (b) and inserting ``Cost Estimates
Developed for Specified Purposes Not to Be Used
for Contract Negotiations or Obligation of
Funds.--'' before ``The Under'';
(D) by redesignating paragraph (3) as
subsection (c) and in that subsection--
(i) by striking the first three
words and inserting ``Program Manager
and Contracting Officer.--The program
manager''; and
(ii) by striking ``paragraph (1)''
and ``paragraph (2)'' and inserting
``subsection (a)'' and ``subsection
(b)'', respectively; and
(E) by redesignating paragraph (4) as
subsection (d) and in that subsection--
(i) by striking ``Funds that are''
and inserting ``Availability of Excess
Funds.--''
``(1) Funds that are'';
(ii) in paragraph (1), as
designated by clause (i), by striking
``subsection (a)(6)'' and ``paragraph
(2)'' and inserting ``section
3221(b)(6) of this title'' and
``subsection (b)'', respectively;
(iii) by redesignating paragraph
(5) as paragraph (2) and moving that
paragraph two ems to the right; and
(iv) in paragraph (2), as so
redesignated--
(I) in the matter preceding
subparagraph (A), by striking
``paragraph (4)'' and inserting
``paragraph (1)'';
(II) in subparagraph
(A)(i), by striking ``paragraph
(2)'' and inserting
``subsection (b)''; and
(III) in subparagraph
(A)(ii), by striking ``section
2308'' and inserting ``section
3069''.
(h) Transfer of Subsection (g) of Section 2334.--
(1) Transfer.--Subsection (g) of section 2334 of
title 10, United States Code, is transferred to section
3227 of such title, as added by subsection (a),
inserted after the section heading, and redesignated as
subsection (a).
(2) Revisions.--Section 3227, as amended by
paragraph (1), is further amended--
(A) by striking ``Guidelines and'' and all
that follows through ``(1) The Director of''
and inserting ``Director of Cape to Develop
Guidelines and Collection Method.--The Director
of'';
(B) by redesignating paragraph (2) as
subsection (b) and in that subsection--
(i) by inserting ``Applicability to
Acquisition Programs in Amount Greater
Than Specified Threshold.--'' before
``The program manager''; and
(ii) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and
(C) by redesignating paragraph (3) as
subsection (c) and in that subsection--
(i) by inserting ``Limitation on
Waiver Authority.--'' before ``The
requirement''; and
(ii) by striking ``paragraph (1)''
and inserting ``subsection (a)''.
SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION
GENERALLY.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 222, as
added by the preceding section, the following new chapter:
``CHAPTER 223--OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION
GENERALLY
``Sec.
``3241. Design-build selection procedures.
``3242. Supplies: economic order quantities.
``3243. Encouragement of new competitors: qualification requirement.
``3244. [Reserved].
``3245. [Reserved].
``3246. [Reserved].
``3247. Contracts: regulations for bids.
``3248. Matters relating to reverse auctions.
``3249. Advocates for competition.
``3250. [Reserved].
``3251. [Reserved].
``3252. Requirements for information relating to supply chain risk.''.
(b) Transfer of Section 2305a of Title 10.--Section 2305a
of title 10, United States Code, is transferred to chapter 223
of such title, as added by subsection (a), inserted after the
table of sections at the beginning, redesignated as section
3241, and amended as follows:
(1) Subsection (b).--Subsection (b) is amended--
(A) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F),
respectively, and moving those subparagraphs
two ems to the right; and
(B) in the matter preceding subparagraph
(A), as so redesignated--
(i) by striking ``or work when the
contracting officer'' and inserting
``or work when--
``(1) the contracting officer'';
(ii) by striking ``such contract,
design work'' and inserting ``such
contract;
``(2) design work'';
(iii) by striking ``such contract,
the offeror'' and inserting ``such
contract;
``(3) the offeror''; and
(iv) by striking ``the offer, and
the contracting officer'' and inserting
``the offer; and
``(4) the contracting officer''.
(2) Subsection (c).--Subsection (c) is amended--
(A) in paragraph (1), by inserting
``Development of scope of work statement.--''
before ``The agency develops'';
(B) in paragraph (2), by inserting
``Solicitation of phase-one proposals.--''
before ``The contracting officer'';
(C) in paragraph (3)--
(i) by striking ``The evaluation
factors'' and inserting ``Evaluation
factors.--''
``(A) Evaluation factors to be used.--The
evaluation factors'';
(ii) by designating the second and
third sentences as subparagraphs (B)
and (C), respectively;
(iii) in subparagraph (A), as
designated by clause (i)--
(I) by striking ``and
include specialized
experience'' and inserting
``and include--
``(i) specialized experience'';
(II) by striking
``technical competence,
capability'' and inserting
``technical competence;
``(ii) capability'';
(III) by striking ``to
perform, past performance'' and
inserting ``to perform;
``(iii) past performance''; and
(IV) by striking ``the
team) and other appropriate''
and inserting ``the team); and
``(iv) other appropriate'';
(iv) in subparagraph (B), as designated by
clause (ii), by inserting ``Relative importance
of evaluation factors and subfactors.--''
before ``Each solicitation'';
(v) in subparagraph (C), as designated by
clause (ii), by inserting ``Evaluation of
proposals.--'' before ``The agency'';
(D) in paragraph (4)--
(i) by striking ``The contracting
officer'' and inserting ``Selection by
contracting officer.--''
``(A) Number of offerors selected and what
is to be evaluated.--The contracting officer'';
(ii) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively;
(iii) in clause (ii), as so
redesignated, by striking ``paragraphs
(2), (3), and (4) of section 2305(a)''
and inserting ``subsections (b), (c),
and (d) of section 3206'';
(iv) by designating the last
sentence in that paragraph as
subparagraph (B) and indenting that
subparagraph two ems from the left
margin; and
(v) in subparagraph (B), as
redesignated by clause (iv), by
striking ``subparagraphs (A) and (B)''
and inserting ``clauses (i) and (ii) of
subparagraph (A)''; and
(E) in paragraph (5)--
(i) by inserting ``Awarding of
contract.--'' before ``The agency'';
and
(ii) by striking ``section
2305(b)(4)'' and inserting ``section
3303''.
(c) Transfer of Section 2384a of Title 10.--Section 2384a
of such title is transferred to chapter 223 of such title,
inserted after section 3241, as transferred and redesignated by
subsection (b), redesignated as section 3242, and amended as
follows:
(1) Subsection (a).--Subsection (a) is amended--
(A) by striking ``(1) An agency'' and
inserting ``Quantity to Procure.--''
``(1) An agency'';
(B) by striking ``section 2303(a)'' and
inserting ``section 3063'';
(C) by striking ``quantity as (A) will
result in'' and inserting ``quantity as--
``(A) will result in'';
(D) by striking ``where practicable, and
(B) does not'' ``where practicable; and
``(B) does not''; and
(E) by indenting paragraph (2) two ems from
the left margin.
(2) Subsection (b).--Subsection (b) is amended by
inserting ``Opinion of Offeror With Respect to Quantity
to Be Procured.--'' before ``Each solicitation for''.
(d) Transfer of Section 2319 of Title 10.--Section 2319 of
such title is transferred to chapter 223 of such title,
inserted after section 3242, as transferred and redesignated by
subsection (c), redesignated as section 3243, and amended as
follows:
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 3243. Encouragement of new competitors: qualification
requirement''.
(2) Subsection (a).--Subsection (a) is amended by
inserting ``Qualification Requirement Defined.--''
before ``In this section''.
(3) Subsection (b).--Subsection (b) is amended--
(A) by inserting ``Actions Before
Establishing Qualification Requirement.--''
before ``Except as provided''; and
(B) in paragraph (5), by striking ``clause
(4)'' and inserting ``paragraph (4)''.
(4) Subsection (c).--Subsection (c) is amended--
(A) by striking ``(1) Subsection (b) of
this section'' and inserting ``Applicability,
Waiver Authority, and Referral of Offers.--
``(1) Applicability.--Subsection (b)'';
(B) by indenting paragraphs (2) through (6)
two ems from the left margin;
(C) in paragraph (2)--
(i) by striking ``(A) Except as
provided in subparagraph (B),'' and
inserting ``Waiver Authority.--
``(A) Submission of determination of
unreasonableness.--Except as provided in
subparagraph (C),'';
(ii) by redesignating subparagraph
(B) as subparagraph (C);
(iii) by designating the second
sentence of subparagraph (A) as
subparagraph (B);
(iv) in subparagraph (B), as so
designated, by inserting ``Authority to
grant waiver.--'' before ``After
considering''; and
(v) in subparagraph (C), as
redesignated by clause (ii), by
inserting ``Inapplicability to
qualified products list.--'' before
``The waiver'';
(D) in paragraph (3), by inserting
``Submission and consideration of offer not to
be denied in certain cases.--'' before ``A
potential offeror'';
(E) in paragraph (4), by inserting
``Referral to small business administration.--
'' before ``Nothing contained in this'';
(F) in paragraph (5), by inserting ``Delay
of procurement not required.--'' before ``The
head of''; and
(G) in paragraph (6), by inserting
``Requirements before enforcement of certain
lists.--'' before ``The requirements of''.
(5) Subsection (d).--Subsection (d) is amended--
(A) by striking ``(1) If the number of''
and inserting ``Fewer Than 2 Actual
Manufacturers.--
``(1) Solicitation and testing of additional
sources or products.--If the number of'';
(B) by redesignating paragraph (2) as
paragraph (3), indenting that paragraph two ems
from the left margin, and inserting
``Certification required.--'' before ``The head
of'';
(C) in paragraph (1)(B)--
(i) by inserting ``subject to
paragraph (2),'' before ``bear the cost
of''; and
(ii) by striking ``that
requirement, but such costs may be
borne'' and inserting ``that
requirement.'';
(D) by designating as paragraph (2) the
text of paragraph (1)(B), as so amended, that
begins ``only if the head of the agency'';
(E) in paragraph (2), as designated by
subparagraph (D), by inserting ``Certification
when agency may bear cost.--Costs may be borne
under paragraph (1)(B)'' before ``only if'';
and
(F) by moving subparagraphs (A) and (B) of
paragraph (1) (as amended) two ems to the
right.
(6) Subsection (e).--Subsection (e) is amended by
inserting ``Examination and Revalidation of
Qualification Requirement.--'' before ``Within seven
years''.
(7) Subsection (f).--Subsection (f) is amended by
inserting ``Restriction on Enforcement.--'' before
``Except in an''.
(e) Transfer of Section 2381.--Section 2381 of title 10,
United States Code, is transferred to chapter 223 of such
title, as added by this section, inserted after section 3243,
as transferred and redesignated by subsection (d), and
redesignated as section 3247.
(f) Transfer of Section 2318.--Section 2318 of title 10,
United States Code, is transferred to chapter 223 of such
title, as added by this section, inserted after section 3247,
as transferred and redesignated by subsection (e), redesignated
as section 3249, and amended by striking ``section 2303(a)''
and inserting ``section 3063''.
(g) Transfer of Section 2339a.--Section 2339a of such title
is transferred to chapter 223 of such title, inserted after
section 3249, as added by subsection (f), redesignated as
section 3252, and amended--
(1) in subsection (b)(3)(A), by striking ``section
2304(f)(3)'' and inserting ``section 3204(e)(2)'';
(2) in subsection (e)(2)(A), by striking ``section
2319'' and inserting ``section 3243''; and
(3) in subsection (e)(3)--
(A) in subparagraph (A), by striking
``section 2305(a)(1)(C)(ii)'' and ``section
2305(a)(2)(A)'' and inserting ``section
3206(a)(3)(B)'' and ``section 3206(b)(1)'',
respectively; and
(B) in subparagraph (B), by striking
``section 2304c(d)(3)'' and inserting ``section
3406(d)(3)''.
(h) Placeholder for Chapter for Provisions Relating to
Planning and Solicitations Relating to Particular Items or
Services.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by inserting after chapter 223, as added by
this section, the following new chapter:
``CHAPTER 225--PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS
OR SERVICES
``Sec.
``3271. [Reserved].''.
Subtitle C--Contracting Methods and Contract Types
SEC. 1816. AWARDING OF CONTRACTS.
(a) Tables of Chapters Amendments.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115-232),
of title 10, United States Code, are amended by striking the
items relating to chapters 241 and 243 and inserting the
following:
``241. Awarding of Contracts...................................... 3301
``242. Specific Types of Contracts................................ 3321
``243. Other Matters Relating to Awarding and Types of Contracts.. 3341
``244. Undefinitized Contractual Actions.........................3371''.
(b) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapters 241 and 243 and
inserting the following:
``CHAPTER 241--AWARDING OF CONTRACTS
``Sec.
``3301. Basis of award and rejection.
``3302. Sealed bids.
``3303. Competitive proposals.
``3304. Post-award debriefings.
``3305. Pre-award debriefings.
``3306. Encouragement of alternative dispute resolution.
``3307. Antitrust violations.
``3308. Protests.
``3309. Prohibition on release of contractor proposals.''.
(c) Transfer of Subsection (b) of Section 2305.--
(1) Transfer.--Subsection (b) of section 2305 of
title 10, United States Code, is transferred to chapter
241 of such title, as amended by subsection (b),
inserted after the table of sections, and amended by
striking the subsection designation.
(2) Insertion of section headings.--Such chapter is
further amended--
(A) by inserting before paragraph (1) the
following:
``Sec. 3301. Basis of award and rejection'';
(B) by inserting before paragraph (3) the
following:
``Sec. 3302. Sealed bids'';
(C) by inserting before paragraph (4) the
following:
``Sec. 3303. Competitive proposals'';
(D) by inserting before paragraph (5) the
following:
``Sec. 3304. Post-award debriefings'';
(E) by inserting before paragraph (6) the
following:
``Sec. 3305. Pre-award debriefings'';
(F) by inserting before paragraph (8) the
following:
``Sec. 3306. Encouragement of alternative dispute resolution''; and
(G) by inserting before paragraph (9) the
following:
``Sec. 3307. Antitrust violations''.
(3) Amendments to new 3301.--Section 3301 of such
title, as designated by paragraph (2), is amended--
(A) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively;
(B) in subsection (a), as so redesignated,
by inserting ``Award.--'' before ``The head
of''; and
(C) in subsection (b), as so redesignated,
by inserting ``Rejection.--'' before ``All
sealed bids''.
(4) Amendments to new 3302.--Section 3302 of such
title, as designated by paragraph (2), is amended--
(A) by redesignating paragraph (3) as
subsection (a);
(B) by designating the second and third
sentences as subsections (b) and (c),
respectively;
(C) in subsection (a), as so redesignated,
by inserting ``Opening of Bids.--'' before
``Sealed bids shall be'';
(D) in subsection (b), as so designated--
(i) by inserting ``Criteria for
Awarding Contract.--'' before ``The
head of the agency'';
(ii) by striking ``paragraph (1)''
and inserting ``section 3301(a) of this
title''; and
(iii) by striking ``paragraph (2)''
and inserting ``section 3301(b) of this
title''; and
(E) in subsection (c), as so designated, by
inserting ``Notice of Award.--'' before ``The
award of''.
(5) Amendments to new 3303.--Section 3303 of such
title, as designated by paragraph (2), is amended--
(A) by striking the paragraph designation;
(B) redesignating subparagraphs (A), (B),
and (C) as subsections (a), (b), and (c),
respectively;
(C) by designating the second sentence of
subsection (c), as so redesignated, as
subsection (d);
(D) in subsection (a), as so redesignated--
(i) by inserting ``Evaluation and
Award.--'' before ``The head of'';
(ii) by striking ``paragraph (1)''
and inserting ``section 3301(a) of this
title''; and
(iii) by redesignating clauses (i)
and (ii) as paragraphs (1) and (2),
respectively;
(E) in subsection (b), as so redesignated--
(i) by inserting ``Limit on Number
of Proposals.--'' before ``If the
contracting officer''; and
(ii) by striking ``subparagraph
(A)(i)'' and inserting ``subsection
(a)(1)'';
(F) in subsection (c), as so redesignated--
(i) by inserting ``Criteria for
Awarding Contract.--'' before ``Except
as provided in''; and
(ii) by striking ``paragraph (2)''
and inserting ``section 3301(b) of this
title''; and
(G) in subsection (d), as so designated--
(i) by inserting ``Notice of
Award.--'' before ``The head of''; and
(ii) by striking ``This
subparagraph'' and inserting ``This
subsection''.
(6) Amendments to new 3304.--Section 3304 of such
title, as designated by paragraph (2), is amended--
(A) by striking the paragraph designation;
(B) by redesignating subparagraphs (A),
(B), (D), (E), and (F) as subsections (a), (c),
(d), (e), and (f), respectively;
(C) by designating the second sentence of
subsection (a), as so redesignated, as
subsection (b);
(D) by redesignating subparagraph (C) as
paragraph (2);
(E) in subsection (a), as so redesignated,
by inserting ``Request for Debriefing.--''
before ``When a'';
(F) in subsection (b), as designated by
subparagraph (C), by inserting ``When
Debriefing to Be Conducted.--'' before ``The
head of'';
(G) in subsection (c), as so redesignated
by subparagraph (B)--
(i) by inserting ``Information to
Be Provided.--(1)'' before ``The
debriefing shall include'';
(ii) by redesignating clauses (i)
through (vii) as subparagraphs (A)
through (G), respectively; and
(iii) in paragraph (2), as
redesignated by subparagraph (D), by
striking ``subparagraph (B)(vii)'' and
inserting ``paragraph (1)(G)'';
(H) in subsection (d), as so redesignated,
by inserting ``Information Not to Be
Included.--'' before ``The debriefing'';
(I) in subsection (e), as so redesignated--
(i) by inserting ``Inclusion of
Statement in Solicitation.--'' before
``Each solicitation''; and
(ii) by striking ``subparagraph
(B)'' and inserting ``subsection (c)'';
(J) in subsection (f), as so redesignated--
(i) by inserting ``After Successful
Protest.--'' before ``If, within one
year''; and
(ii) by redesignating clauses (i)
and (ii) as paragraphs (1) and (2),
respectively; and
(K) by adding at the end a new subsection
(g) with the same heading and text as
subsection (f) of section 3305 of such title,
as amended by paragraph (7)(J).
(7) Amendments to new 3305.--Section 3305 of such
title, as designated by paragraph (2), is amended--
(A) by striking ``(6)'';
(B) by redesignating paragraph (7) as
subsection (f);
(C) redesignating subparagraphs (A), (B),
(C), and (D) as subsections (a), (c), (d), and
(e), respectively;
(D) by designating the second sentence of
subsection (a), as so redesignated, as
subsection (b);
(E) in subsection (a), as so redesignated,
by inserting ``Request for Debriefing.--''
before ``When the'';
(F) in subsection (b), as designated by
subparagraph (D), by inserting ``When
Debriefing to Be Conducted.--'' before ``The
contracting officer'';
(G) in subsection (c), as so redesignated--
(i) by inserting ``Precondition for
Post-award Debriefing.--'' before ``The
contracting officer'';
(ii) by striking ``paragraph (5)''
and inserting ``section 3304 of this
title'' ; and
(iii) by striking ``subparagraph
(A)'' and inserting ``subsections (a)
and (b)'';
(H) in subsection (d), as so redesignated--
(i) by inserting ``Information to
Be Provided.--'' before ``The
debriefing'';
(ii) by striking ``subparagraph
(A)'' and inserting ``subsections (a)
and (b)''; and
(iii) by redesignating clauses (i),
(ii), and (iii) as paragraphs (1), (2),
and (3), respectively;
(I) in subsection (e), as so redesignated--
(i) by inserting ``Information Not
to Be Disclosed.--'' before ``The
debriefing''; and
(ii) by striking ``subparagraph
(A)'' and inserting ``subsections (a)
and (b)''; and
(J) in subsection (f), as redesignated by
subparagraph (B)--
(i) by inserting ``Summary to Be
Included in File.--'' before ``The
contracting officer''; and
(ii) by striking ``under paragraph
(5) or (6)'' and inserting ``this
section''.
(8) Amendment to new 3306.--Section 3306 of such
title, as designated by paragraph (2), is amended by
striking the paragraph designation.
(9) Amendment to new 3307.--Section 3307 of such
title, as designated by paragraph (2), is amended by
striking the paragraph designation.
(d) New Sections.--Such chapter is further amended by
adding at the end the following new sections:
``Sec. 3308. Protests
``Sec. 3309. Prohibition on release of contractor proposals''.
(e) Transfer of Subsections (e) and (f) of Section 2305.--
(1) Transfer.--Subsections (e) and (f) of section
2305 of title 10, United States Code, are transferred
to section 3308 of such title, as added by subsection
(d), inserted after the section heading, and
redesignated as subsections (a) and (b), respectively.
(2) Amendment to new 3308(a).--Subsection (a) of
such section 3308, as redesignated by paragraph (1), is
amended--
(A) by striking ``File.--(1) If, in the''
and inserting ``File.--
``(1) Establishment and access.--If, in the'';
(B) in paragraph (2), by inserting
``Redacted information.--'' before
``Information exempt''; and
(C) by realigning paragraph (2) 2 ems to
the right.
(f) Transfer of Subsection (g) of Section 2305.--
(1) Transfer and internal redesignations.--
Subsection (g) of section 2305 of title 10, United
States Code, is transferred to section 3309 of such
title, as added by subsection (d), inserted after the
section heading, and amended--
(A) by striking the subsection designation
and heading;
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (b), (c), and (a),
respectively; and
(C) by transferring subsection (a), as so
redesignated, within that section so as to
appear before subsection (b), as so
redesignated.
(2) Amendment to new 3309(a).--Subsection (a) of
such section 3309, as redesignated and transferred by
paragraph (1), is amended by striking ``In this
subsection,'' and inserting ``Definition.--In this
section,''.
(3) Amendments to new 3309(b).--Subsection (b) of
such section 3309, as redesignated by paragraph (1), is
amended--
(A) by inserting ``Prohibition.--'' before
``Except as provided in'';
(B) by striking ``paragraph (2),'' and
inserting ``subsection (c),''; and
(C) by striking ``section 2303'' and
inserting ``section 3063''.
(4) Amendments to new 3309(c).--Subsection (c) of
such section 3309, as redesignated by paragraph (1), is
amended by striking ``Paragraph (1)'' and inserting
``Inapplicability.--Subsection (b)''.
SEC. 1817. SPECIFIC TYPES OF CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 241, as
added by the preceding section, the following new chapter:
``CHAPTER 242--SPECIFIC TYPES OF CONTRACTS
``Sec.
``3321. Contracts awarded using procedures other than sealed-bid
procedures.
``3322. Cost contracts.
``3323. Cost-plus contracting prohibited for military construction and
military family housing projects.
``3324. Preference for fixed-price contracts.
``Sec. 3321. Contracts awarded using procedures other than sealed-bid
procedures
``Sec. 3322. Cost contracts
``Sec. 3323. Cost-plus contracting prohibited for military construction
and military family housing projects
``Sec. 3324. Preference for fixed-price contracts
``[Reserved].''.
(b) Transfer of Subsections (a) and (b) of Section 2306.--
Subsections (a) and (b) of section 2306 of title 10, United
States Code, are transferred to section 3321 of such title, as
added by subsection (a), and inserted after the section
heading.
(c) Transfer of First Sentence of Subsection (a).--The
first sentence of such subsection (a) is further transferred to
section 3322 of such title, as added by subsection (a),
inserted after the section heading, and designated as
subsection (a).
(d) Amendments to New 3321.--
(1) New 3321(a).--Subsection (a) of such section
3321 (as amended by subsection (c)) is amended--
(A) by inserting ``Authorized Types.--''
before ``Subject to'';
(B) by striking ``the preceding sentence''
and inserting ``section 3322(a) of this
title'';
(C) by striking ``this section'' and
inserting ``this chapter''; and
(D) by striking ``under this chapter'' and
inserting ``under chapter 137 legacy
provisions''.
(2) New 3321(b).--Subsection (b) of such section
3321 is amended--
(A) by striking ``Each contract awarded''
and inserting ``Required Warranty.--
``(1) Content.--Each contract awarded'';
(B) by striking ``under this chapter'' and
inserting ``under chapter 137 legacy
provisions'';
(C) by striking ``maintained by him'' and
inserting ``maintained by the contractor'';
(D) by designating the second and third
sentences as paragraphs (2) and (3),
respectively, and realigning those paragraphs 2
ems to the right;
(E) in paragraph (2), as so designated--
(i) by inserting ``Remedy for
Breaking Warranty.--'' before ``If a
contractor''; and
(ii) by striking ``the United
States may annul the contract without
liability or may deduct'' and inserting
``the United States--
``(A) may annul the contract without
liability; or
``(B) may deduct''; and
(F) in paragraph (3), as so designated--
(i) by inserting ``Inapplicability
to Certain Contracts.--'' before ``This
subsection'';
(ii) by striking ``does not apply
to a contract that is for an amount not
greater than the simplified acquisition
threshold or to a contract'' and
inserting ``does not apply--
``(A) to a contract that is for an amount
not greater than the simplified acquisition
threshold; or
``(B) to a contract''.
(e) Transfer of Subsections (d) and (e) of Section 2306.--
Subsections (d) and (e) of section 2306 of title 10, United
States Code, are transferred to section 3322 of such title, as
amended by subsections (b) and (c), inserted at the end, and
redesignated as subsections (b) and (c), respectively.
(f) Amendments to New 3322.--
(1) New 3322(a).--Subsection (a) of such section
3322, as transferred and designated by subsection (c),
is amended by inserting ``Cost-plus-a-percentage-of-
cost System of Contracting Prohibited.--'' before ``The
cost-plus-a-percentage-of-cost system''.
(2) New 3322(b).--Subsection (b) of such section
3322, as transferred and redesignated by subsection
(e), is amended by inserting ``Cost-plus-a-fixed-fee
Contracts.--'' before ``The fee for performing a cost-
plus-a-fixed-fee contract for experimental''.
(3) New 3322(c).--Subsection (c) of such section
3322, as transferred and redesignated by subsection
(e), is amended--
(A) by striking ``(1) Except as'' and
inserting ``Advance Notice of Certain
Subcontracts.--
``(1) In general.--Except as''; and
(B) in paragraph (2)--
(i) by inserting ``Exception.--''
before ``Paragraph (1)''; and
(ii) by realigning that paragraph 2
ems to the right.
(g) Transfer of Subsection (c) of Section 2306.--
(1) Transfer.--Subsection (c) of section 2306 of
title 10, United States Code, is transferred to section
3323 of such title, as added by subsection (a),
inserted after the section heading, redesignated as
subsection (a), and amended by designating the second
sentence as subsection (b).
(2) Amendment to new 3323(a).--Subsection (a) of
such section 3323, as so transferred and redesignated,
is amended by inserting ``Prohibition.--'' before ``A
contract entered into''.
(3) Amendments to new 3323(b).--Subsection (b) of
such section 3323, as designated by paragraph (1), is
amended--
(A) by striking ``This'' and inserting
``Applicability.--The'';
(B) by striking ``prohibition is in
addition to the prohibition specified in
subsection (a)'' and inserting ``prohibition
specified in subsection (a)--
``(1) is in addition to the prohibition specified
in section 3322(a) of this title''; and
(C) by striking ``system of contracting and
applies notwithstanding'' and inserting
``system of contracting; and
``(2) applies notwithstanding.''.
(h) Cross-reference Amendment.--Section 2343 of title 10,
United States Code, is amended by striking ``2306(a), 2306(b),
2306(e)'' and inserting ``3351, 3352(a), 3352(c)''.
SEC. 1818. OTHER MATTERS RELATING TO AWARDING OF CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 242, as
added by the preceding section, the following new chapter:
``CHAPTER 243--OTHER MATTERS RELATING TO AWARDING OF CONTRACTS
``Sec.
``3341. [Reserved].
``3342. [Reserved].
``3343. [Reserved].
``3344. Disclosure of identity of contractor.
``3345. Contract authority for advanced development of initial or
additional prototype units.''.
(b) Transfer of Section 2316.--Section 2316 of title 10,
United States Code, is transferred to chapter 243 of such
title, as added by subsection (a), inserted after the table of
sections, and redesignated as section 3344.''.
(c) Transfer of Section 2302e.--Section 2302e of title 10,
United States Code, is transferred to chapter 243 of such
title, inserted after section 3344, as transferred and
redesignated by subsection (b), redesignated as section 3345,
and amended in subsection (a) by striking ``section
2302(2)(B)'' and inserting ``section 3012(2)''.
SEC. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 243, as
added by the preceding section, the following new chapter:
``CHAPTER 244--UNDEFINITIZED CONTRACTUAL ACTIONS
``Sec.
``3371. Undefinitized contractual actions: required description of
anticipated effect on military department requirements if use
of undefinitized contractual action results in delay.
``3372. Undefinitized contractual actions: requirements and limitations
relating to definitization of contractual terms,
specifications, and price.
``3373. Undefinitized contractual actions: limitation on inclusion of
non-urgent requirements and on modification of scope.
``3374. Undefinitized contractual actions: allowable profit.
``3375. Undefinitized contractual actions: time limit.
``3376. [Reserved].
``3377. Inapplicability to Coast Guard and National Aeronautics and
Space Administration; definitions.
``Sec. 3371. Undefinitized contractual actions: required description of
anticipated effect on military department
requirements if use of undefinitized contractual
action results in delay
``Sec. 3372. Undefinitized contractual actions: requirements and
limitations relating to definitization of
contractual terms, specifications, and price
``Sec. 3373. Undefinitized contractual actions: limitation on inclusion
of non-urgent requirements and on modification of
scope
``Sec. 3374. Undefinitized contractual actions: allowable profit
``Sec. 3375. Undefinitized contractual actions: time limit
``Sec. 3377. Inapplicability to Coast Guard and National Aeronautics
and Space Administration; definitions''.
(b) Transfer of Subsection (a) of Section 2326.--Subsection
(a) of section 2326 of title 10, United States Code, is
transferred to section 3371 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation and subsection heading.
(c) Transfer of Subsections (b), (c), and (h) of Section
2326.--
(1) Transfer.--Subsections (b), (c), and (h) of
section 2326 of title 10, United States Code, are
transferred to section 3372 of such title, as added by
subsection (a), inserted (in that order) after the
section heading, and redesignated as subsections (a),
(b), and (c), respectively.
(2) Amendments to new 3372(a).--Subsection (a) of
such section 3372, as transferred and redesignated by
paragraph (1), is amended--
(A) by striking ``Limitations on Obligation
of Funds.--(1) A contracting officer'' and
inserting ``Contractual Action to Provide Time
for Definitization of Contractual Terms,
Specifications, and Price; Limitations on
Obligation of Funds.--
``(1) Terms for time for definitization to be
included in contractual action.--A contracting
officer'';
(B) by redesignating paragraphs (2) and (3)
as subparagraphs (A) and (B), respectively, and
realigning those subparagraphs 4 ems to the
right;
(C) by inserting before subparagraph (A),
as so redesignated and realigned, the
following:
``(2) Limitation on obligation of funds before
definitization.--'';
(D) in such subparagraph (A), as so
redesignated, by striking ``Except as provided
in paragraph (3),'' and inserting ``50 percent
limitation.--Except as provided in subparagraph
(B),'';
(E) in such subparagraph (B), as so
redesignated and realigned--
(i) by inserting ``75 percent
limitation when contractor submits
qualifying proposal.--'' before ``If a
contractor''; and
(ii) by striking ``subsection (h)''
and inserting ``section 3377(b) of this
title'';
(F) by redesignating paragraph (4) as
paragraph (3) and inserting ``Waiver
authority.--'' in that paragraph before ``The
head of''; and
(G) by redesignating paragraph (5) as
paragraph (4) and inserting ``Inapplicability
with respect to purchase of initial spares.--''
in that paragraph before ``This subsection does
not''.
(3) Amendment to new 3372(b).--Subsection (b) of
such section 3372, as transferred and redesignated by
paragraph (1), is amended by striking ``subsection
(b)(1)'' and inserting ``subsection (a)(1)''.
(4) Amendments to new 3372(c).--Subsection (c) of
such section 3372, as transferred and redesignated by
paragraph (1), is amended--
(A) by striking ``Contracts.--(1) Except as
provided in'' and inserting ``Contracts.--
``(1) 180-day requirement.--Except as provided
in'';
(B) by striking ``subsection (b)(1)(A)''
and inserting ``subsection (a)(1)(A)'';
(C) by realigning paragraph (2) 2 ems to
the right; and
(D) in paragraph (2)--
(i) by inserting ``Waiver
authority.--'' before ``The
requirement''; and
(ii) by striking ``subsection
(b)(4)'' and inserting ``subsection
(a)(3)''.
(d) Transfer of Subsections (d) and (e) of Section 2326.--
Subsections (d) and (e) of section 2326 of title 10, United
States Code, are transferred to section 3373 of such title, as
added by subsection (a), inserted after the section heading,
and redesignated as subsections (a) and (b), respectively.
(e) Transfer of Subsection (f) of Section 2326.--
(1) Transfer.--Subsection (f) of section 2326 of
title 10, United States Code, is transferred to section
3374 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively.
(2) Amendments to new 3374(a).--Subsection (a) of
such section 3374, as so transferred and redesignated,
is amended--
(A) by inserting ``Allowed Profit to
Reflect Certain Reduced Cost Risks of
Contractor.--'' before ``The head of an
agency''; and
(B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(3) Amendment to new 3374(b).--Subsection (b) of
such section 3374, as so transferred and redesignated,
is amended by inserting ``Date as of Which Contractor
Cost Risk to Be Determined.--'' before ``If a
contractor''.
(f) Transfer of Subsection (g) of Section 2326.--Subsection
(g) of section 2326 of title 10, United States Code, is
transferred to section 3375 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation and subsection heading.
(g) Transfer of Subsections (i) and (j) of Section 2326.--
Subsections (i) and (j) of section 2326 of title 10, United
States Code, are transferred to section 3377 of such title, as
added by subsection (a), inserted after the section heading,
redesignated as subsections (a) and (b), respectively, and
amended by striking ``section'' in each such subsection and
inserting ``chapter''.
SEC. 1820. TASK AND DELIVERY ORDER CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 245 and inserting
the following:
``CHAPTER 245--TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD
CONTRACTS)
``Sec.
``3401. Task and delivery order contracts: definitions.
``3402. [Reserved].
``3403. Task and delivery order contracts: general authority.
``3404. Guidance on use of task and delivery order contracts.
``3405. Task order contracts: advisory and assistance services.
``3406. Task and delivery order contracts: orders.''.
(b) Transfer of Section 2304d.--
(1) Transfer.--Section 2304d of title 10, United
States Code, is transferred to chapter 245 of such
title, as amended by subsection (a), inserted after the
table of sections, redesignated as section 3401, and
amended by striking ``In sections 2304a, 2304b, and
2304c of this title'' and inserting ``In this
chapter''.
(2) Order of definition paragraphs.--Paragraphs (1)
and (2) of such section 3401, as so transferred and
redesignated, are reversed in order and redesignated
accordingly.
(3) Amendments to new 3401(1).--Paragraph (1) of
such section, as so redesignated, is amended--
(A) by inserting ``Delivery order
contract.--'' before ``The term'';
(B) by striking ``for property that does
not'' and inserting ``for property--
``(A) that does not''; and
(C) by striking ``quantity) and that
provides for'' and inserting ``quantity); and
``(B) that provides for''.
(4) Amendments to new 3401(2).--Paragraph (2) of
such section, as so redesignated, is amended--
(A) by inserting ``Task order contract.--''
before ``The term'';
(B) by striking ``for services that does
not'' and inserting ``for services--
``(A) that does not''; and
(C) by striking ``quantity) and that
provides for'' and inserting ``quantity); and
``(B) that provides for''.
(c) Transfer of Section 2304a.--
(1) Transfer.--Section 2304a of title 10, United
States Code, is transferred to chapter 245 of such
title, as amended by subsection (a), inserted after
section 3401, as transferred and redesignated by
subsection (b), and redesignated as section 3403.
(2) Amendments to new 3403(a).--Subsection (a) of
such section, as so redesignated, is amended--
(A) by striking ``section 2304c'' and
inserting ``section 3406''; and
(B) by striking ``section 2304d'' and
inserting ``section 3401''.
(3) Amendments to new 3403(c).--Subsection (c) of
such section, as so redesignated, is amended--
(A) by striking ``section only if an
exception'' and inserting ``only if--
``(1) an exception'';
(B) by striking ``subsection (c) of section
2304'' and inserting ``subsection (a) of
section 3204'';
(C) by striking ``the contract and the use
of such'' and inserting ``the contract; and
``(2) the use of such''; and
(D) by striking ``subsection (f)'' and
inserting ``subsection (e)''.
(4) Amendments to new 3403(d).--Subsection (d) of
such section, as so redesignated, is amended--
(A) by striking ``Contract Awards.--(1) The
head of an agency'' and inserting ``Contract
Awards.--
``(1) Exercise of authority.--The head of an
agency''.
(B) in paragraph (2)--
(i) by inserting ``Determination
not required.--'' before ``No
determination''; and
(ii) by striking ``section
2304(b)'' and inserting ``section
3203'';
(C) in paragraph (3)--
(i) by striking ``(A) Except as''
and inserting ``When Single Source
Awards for Task or Delivery Order
Contracts Exceeding $100,000,000 Are
Allowed.--(A) Except as''; and
(ii) in subparagraph (B), by
striking ``section 2304(c)'' and
inserting ``section 3204(a)''; and
(D) in paragraph (4), by inserting
``Regulations.--'' before ``The regulations''.
(5) Amendments to new 3403(g).--Subsection (g) of
such section, as so redesignated, is amended by
striking ``section 2304b'' and inserting ``section
3405''.
(d) Transfer of Section 2304b.--
(1) Transfer.--Section 2304b of title 10, United
States Code, is transferred to chapter 245 of such
title, as amended by subsection (a), inserted after
section 3403, as transferred and redesignated by
subsection (c), and redesignated as section 3405.
(2) Internal redesignations.--Subsections (a), (b),
(c), (d), (e), (f), (g), (h), and (i) of such section
are redesignated as subsections (b), (c), (d), (e),
(f), (g), (h), (i), and (a), respectively, and
subsection (a), as so redesignated, is transferred to
the beginning of such section so as to appear after the
section heading.
(3) Amendments to new 3405(b).--Subsection (b) of
such section, as so redesignated, is amended--
(A) by striking ``section 2304c'' and
inserting ``section 3406''; and
(B) by striking ``section 2304d'' and
inserting ``section 3401''.
(4) Amendments to new 3405(e).--Subsection (e) of
such section, as so redesignated, is amended--
(A) by striking ``and Contract.--(1) The
solicitation'' and inserting ``and Contract.--
``(1) Solicitation.--The solicitation'';
(B) by striking ``section 2304a(b)'' and
inserting ``3403(b)''; and
(C) by realigning paragraph (2) 2 ems to
the right and inserting ``Contract.--'' in that
paragraph before ``A task order''.
(5) Amendments to new 3405(f).--Subsection (f) of
such section, as so redesignated, is amended--
(A) by striking ``Multiple Awards.--(1) The
head of an agency'' and inserting ``Multiple
Awards.--
``(1) Authority to make multiple awards.--The head
of an agency''.
(B) by realigning paragraphs (2) and (3) 2
ems to the right;
(C) by inserting ``Content of
solicitation.--'' in paragraph (2) before ``If,
in the case of''; and
(D) by inserting ``Nonapplication.--'' in
paragraph (3) before ``Paragraph (2) does
not''.
(6) Amendments to new 3405(g).--Subsection (g) of
such section, as so redesignated, is amended--
(A) by striking ``Contract Modifications.--
(1) A task order may not'' and inserting
``Contract Modifications.--
``(1) Increase in scope, period, or maximum value
of contract only by modification of contract.--A task
order may not''.
(B) by realigning paragraphs (2) and (3) 2
ems to the right;
(C) in paragraph (2)--
(i) by inserting ``Use of
competitive procedures.--'' before
``Unless use of'';
(ii) by striking ``subsection (c)
of section 2304'' and inserting
``subsection (a) of section 3204''; and
(iii) by striking ``subsection
(f)'' and inserting ``subsection (e)'';
and
(D) in paragraph (3), by inserting
``Notice.--'' before ``Notice regarding''.
(7) Amendments to new 3405(h).--Subsection (h) of
such section, as so redesignated, is amended--
(A) by striking ``Contract Extensions.--(1)
Notwithstanding the limitation'' and inserting
``Contract Extensions.--
``(1) When contract may be extended.--
Notwithstanding the limitation'';
(B) in paragraph (1), by striking
``subsection (b)'' and ``subsection (e)'' and
inserting ``subsection (c)'' and ``subsection
(f)'', respectively; and
(C) by realigning paragraph (2) 2 ems to
the right and inserting ``Limit of one
extension.--'' in that paragraph before ``A
task order contract''.
(e) Transfer of Section 2304c.--
(1) Transfer.--Section 2304c of title 10, United
States Code, is transferred to chapter 245 of such
title, as amended by subsection (a), inserted after
section 3405, as transferred and redesignated by
subsection (d), and redesignated as section 3406.
(2) Internal redesignations.--Subsections (a), (b),
(c), (e), (f), and (g) of such section are redesignated
as subsections (b), (c), (e), (f), (g), and (a),
respectively, subsection (a), as so redesignated, is
transferred to the beginning of such section so as to
appear after the section heading, and subsection (e),
as so redesignated, is transferred within such section
so as to appear after subsection (d).
(3) Amendments to new 3406(a).--Subsection (a) of
such section, as so transferred and redesignated, is
amended by striking ``sections 2304a and 2304b'' and
inserting ``sections 3403 and 3405''.
(4) Amendment to new 3406(b).--Paragraph (2) of
subsection (b) of such section, as so transferred and
redesignated, is amended--
(A) by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(B) by striking ``section 2304(f)'' and
inserting ``section 3204(e)''.
(5) Amendments to new 3406(c).--Subsection (c) of
such section, as so transferred and redesignated, is
amended--
(A) by striking ``section 2304a(d)(1) or
2304b(c)'' and inserting ``section
3403(d)(1)(B) or 3405(f)''; and
(B) by striking ``section 2304(c)'' in
paragraph (5) and inserting ``section
3204(a)''.
(6) Amendments to new 3406(d).--Subsection (d) of
such section is amended--
(A) by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(B) by striking ``section 2305(b)(5)'' in
paragraph (5) and inserting ``section 3304''.
(7) Amendments to new 3406(g).--Subsection (g) of
such section is amended--
(A) by striking ``Ombudsman.--Each head of
an agency'' and inserting ``Ombudsman.--
``(1) Appointment or designation and
responsibilities.--Each head of an agency''.
(B) by striking ``section 2304a(d)(1)(B) or
2304b(e)'' and inserting ``section
3403(d)(1)(B) or 3405(f)'';
(C) by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(D) by designating the second sentence as
paragraph (2) and inserting ``Who is
eligible.--'' in that paragraph before ``The
task and delivery order''.
SEC. 1821. ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(a) Transfer of Chapter 140.--
(1) Transfer of chapter.--Chapter 140 of title 10,
United States Code, is transferred to part V of
subtitle A of that title 10, as added by section 801 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), inserted in
place of chapter 247 as enacted by that section, and
redesignated as chapter 247.
(2) Redesignation of sections.--Sections in chapter
247 of title 10, United States Code, as transferred and
redesignated by paragraph (1), are redesignated as
follows:
----------------------------------------------------------------------------------------------------------------
New Section
Old Section No. No.
----------------------------------------------------------------------------------------------------------------
2375 3452
2376 3451
2377 3453
2379 3455
2380 3456
2380a 3457
----------------------------------------------------------------------------------------------------------------
(3) Table of sections.--The items in the table of
sections at the beginning of such chapter are amended
to conform to the redesignations made by paragraph (2).
(4) Tables of chapters.--The tables of chapters at
the beginning of subtitle A, and at the beginning of
part IV of subtitle A, of title 10, United States Code,
are amended by striking the item relating to chapter
140.
(b) Amendments to Transferred Sections.--
(1) Section 3451.--
(A) Section 3451 of title 10, United States
Code, as redesignated by subsection (a)(2), is
transferred within chapter 247 of such title so
as to appear after the table of sections at the
beginning of such chapter (and before section
3452 as so redesignated).
(B) The table of sections at the beginning
of such chapter is amended to conform to the
transfer made by subparagraph (A).
(2) Section 3452.--Section 3452 of such title, as
redesignated by subsection (a)(2), is amended by
striking ``section 2533a'' and ``section 2533b'' in
subsection (e)(2) and inserting ``section 4862'' and
``section 4863'', respectively.
(3) Section 3453.--Section 3453 of such title, as
redesignated by subsection (a)(2), is amended by
striking ``section 2379'' in subsection (d)(1) and
inserting ``section 3455''.
(4) Section 3455.--Section 3455 of such title, as
redesignated by subsection (a)(2), is amended by
striking ``section 2306a'' in subsection (c)(1) and
inserting ``chapter 271''.
(5) Section 3456.--Section 3456 of such title, as
redesignated by subsection (a)(2), is amended by
striking ``section 2306a(b)(4)(B)'' in subsection
(b)(2)(B)(i) and inserting ``section 3703(d)(2)''.
(6) Section 3457.--Section 3457 of such title, as
redesignated by subsection (a)(2), is amended--
(A) by striking ``section 2376(1)'' in
subsections (a) and (b) and inserting ``section
3451(1)''; and
(B) by striking ``section 2302(9)'' in
subsections (a) and (b) and inserting ``section
3014''.
(7) Section incorporated into section 3457.--Such
chapter is further amended--
(A) by striking the heading of the final
section of such chapter, as transferred by
subsection (a);
(B) in the text following such heading, by
striking ``Notwithstanding section 2376(1)''
and inserting ``(c) Commingled Items Purchased
by Contractors.--Notwithstanding section
3451(1)''; and
(C) in the table of sections at the
beginning of the chapter, by striking the final
item.
SEC. 1822. MULTIYEAR CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 249 and inserting
the following:
``CHAPTER 249--MULTIYEAR CONTRACTS
``Subchapter Sec.
``I. Multiyear Contracts for Acquisition of Property.............. 3501
``II. Multiyear Contracts for Acquisition of Services............. 3531
``III. Other Authorities Relating to Multiyear Contracts.......... 3551
``SUBCHAPTER I--MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY
``Sec.
``3501. Multiyear contracts for acquisition of property: authority;
definitions.
``3502. Multiyear contracts for acquisition of property: regulations.
``3503. Multiyear contracts for acquisition of property: contract
cancellation or termination.
``3504. Multiyear contracts for acquisition of property: participation
by subcontractors, vendors, and suppliers.
``3505. Multiyear contracts for acquisition of property: protection of
existing authority.
``3506. Department of Defense contracts: acquisition of weapon systems.
``3507. Department of Defense contracts: defense acquisitions
specifically authorized by law.
``3508. Department of Defense contracts: notice to congressional
committees before taking certain actions.
``3509. Department of Defense contracts: multiyear contracts with value
in excess of $500,000,000.
``3510. Department of Defense contracts: additional matters with respect
to multiyear defense contracts.
``3511. Increased funding and reprogramming requests.
``Sec. 3501. Multiyear contracts for acquisition of property:
authority; definitions
``Sec. 3502. Multiyear contracts for acquisition of property:
regulations
``Sec. 3503. Multiyear contracts for acquisition of property: contract
cancellation or termination
``Sec. 3504. Multiyear contracts for acquisition of property:
participation by subcontractors, vendors, and
suppliers
``Sec. 3505. Multiyear contracts for acquisition of property:
protection of existing authority
``Sec. 3506. Department of defense contracts: acquisition of weapon
systems
``Sec. 3507. Department of defense contracts: defense acquisitions
specifically authorized by law
``Sec. 3508. Department of defense contracts: notice to congressional
committees before taking certain actions
``Sec. 3509. Department of defense contracts: multiyear contracts with
value in excess of $500,000,000
``Sec. 3510. Department of defense contracts: additional matters with
respect to multiyear defense contracts
``Sec. 3511. Increased funding and reprogramming requests''.
(b) Transfer of Subsection (a) of Section 2306b.--
(1) Transfer.--Subsection (a) of section 2306b of
title 10, United States Code, is transferred to section
3501 of such title, as added by subsection (a), and
inserted after the section heading.
(2) Conforming cross-reference amendment.--
Paragraph (7) of such subsection (a), as so
transferred, is amended by striking ``subparagraphs (C)
through (F) of subsection (i)(3)'' and inserting
``paragraphs (3) through (6) of section 3507(c) of this
title''.
(c) Transfer of Subsection (k) of Section 2306b.--
(1) Transfer.--Subsection (k) of section 2306b of
title 10, United States Code, is transferred to section
3501 of such title, as added by subsection (a), and
inserted after subsection (a), as transferred by
subsection (b), and redesignated as subsection (b).
(2) Conforming amendment.--Such subsection (b), as
so transferred and redesignated, is amended by striking
``this section'' and inserting ``this subchapter''.
(d) Transfer of Subsection (b) of Section 2306b.--
(1) Transfer and internal redesignations.--
Subsection (b) of section 2306b of title 10, United
States Code, is transferred to section 3502 of such
title, as added by subsection (a), inserted after the
section heading, and amended--
(A) by striking the subsection designation
and heading; and
(B) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively.
(2) Amendments to new 3502(a).--Subsection (a) of
such section, as so redesignated, is amended--
(A) by inserting ``Requirement.--'' before
``Each official named'';
(B) by striking ``paragraph (2)'' and
inserting ``subsection (b)''; and
(C) by striking ``subsection (a)'' and
inserting ``section 3501 of this title''.
(3) Amendments to new 3502(b).--Subsection (b) of
such section, as so redesignated, is amended--
(A) by striking ``(A) The Secretary of
Defense'' and inserting ``Officials Specified
to Prescribe Regulations.--
``(1) Department of defense.--The Secretary of
Defense'';
(B) by redesignating subparagraphs (B) and
(C) as paragraphs (2) and (3), respectively,
and realigning those paragraphs 2 ems to the
right;
(C) in paragraph (2), as so redesignated,
by inserting ``Coast guard.--'' before ``The
Secretary of Homeland''; and
(D) in paragraph (3), as so redesignated,
by inserting ``NASA.--'' before ``The
Administrator of''.
(e) Transfer of Subsections (c), (f), and (g) of Section
2306b.--
(1) Transfer.--Subsections (c), (f), and (g) of
section 2306b of title 10, United States Code, are
transferred to section 3503 of such title, as added by
subsection (a), inserted (in that order) after the
section heading, and redesignated as subsections (a),
(b), and (c), respectively.
(2) Amendment to new 3503(a).--Subsection (a) of
such section 3503, as transferred and redesignated by
paragraph (1), is amended by inserting ``under section
3502 of this title'' after ``The regulations''.
(3) Amendment to new 3503(b).--Subsection (b) of
such section 3503, as transferred and redesignated by
paragraph (1), is amended by striking ``under this
section'' and inserting ``under this subchapter''.
(4) Amendments to new 3503(c).--Subsection (c) of
such section 3503, as transferred and redesignated by
paragraph (1), is amended--
(A) by striking ``Ceilings Exceeding'' and
all that follows through ``Before any'' and
inserting ``Ceilings Exceeding $100,000,000.--
``(1) Before any'';
(B) by realigning paragraph (2) 2 ems to
the right:
(C) by striking ``subsection (a)'' in
paragraphs (1) and (2) and inserting ``section
3501(a) of this title''; and
(D) in paragraph (2), by striking
``required by'' and all that follows through
``give written'' and inserting ``required by
section 3507(c) of this title, give written''.
(f) Transfer of Subsection (d) of Section 2306b.--
(1) Transfer.--Subsection (d) of section 2306b of
title 10, United States Code, is transferred to section
3504 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation and heading.
(2) Amendments to new 3504.--Such section is
further amended--
(A) by inserting ``under section 3502 of
this title'' after ``the regulations''; and
(B) in paragraph (1), by striking
``subsection (a)'' and inserting ``section
3501(a) of this title''.
(g) Transfer of Subsection (e) of Section 2306b.--
(1) Transfer.--Subsection (e) of section 2306b of
title 10, United States Code, is transferred to section
3505 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation and heading.
(2) Amendments to new 3505.--Such section is
further amended--
(A) by inserting ``under section 3502 of
this title'' after ``The regulations'';
(B) by striking ``this section'' both
places it appears and inserting ``this
subchapter''; and
(C) in paragraph (1), by striking ``such a
contract'' and inserting ``a contract under
section 3501(a) of this title''.
(h) Transfer of Subsection (h) of Section 2306b.--
(1) Transfer.--Subsection (h) of section 2306b of
title 10, United States Code, is transferred to section
3506 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation and heading.
(2) Amendments to new 3506.--Such section is
further amended--
(A) by striking ``subsection (a)'' and
inserting ``section 3501(a) of this title'';
and
(B) by striking ``this section'' and
inserting ``this subchapter''.
(i) Transfer of Subsection (i) of Section 2306b.--
(1) Transfer.--Subsection (i) of section 2306b of
title 10, United States Code, is transferred to section
3507 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation and heading.
(2) Internal redesignations and transfers.--
Paragraphs (1), (2), (3), (4), (5), (6), and (7) of
such section 3507 are redesignated as subsections (a),
(b), (c), (f), (g), (d), and (e), respectively, and
subsections (d) and (e), as so redesignated, are
transferred within that section so as to appear after
subsection (c), as so redesignated.
(3) Amendments to new 3507(a).--Subsection (a) of
such section, as so redesignated, is amended--
(A) by inserting ``Limitation.--'' before
``In the case of''; and
(B) by striking ``this section'' and
inserting ``this subchapter''.
(4) Amendments to new 3507(b).--Subsection (b) of
such section, as redesignated by paragraph (2), is
amended--
(A) by inserting ``Matters to Be Included
in Request for Authorization.--'' before ``In
submitting'';
(B) by striking ``this section'' and
inserting ``this subchapter'';
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated,
by striking ``subsection (a)'' and inserting
``section 3501(a) of this title''; and
(E) in paragraph (2), as so redesignated,
by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(5) Amendments to new 3507(c).--Subsection (c) of
such section, as redesignated by paragraph (2), is
amended--
(A) by inserting ``Required
Certification.--'' before ``A multiyear
contract'';
(B) by striking ``this section'' and
inserting ``this subchapter'';
(C) by redesignating subparagraphs (A)
through (G) as paragraphs (1) through (7),
respectively;
(D) in paragraph (1), as so redesignated,
by striking ``subsection (a)'' and inserting
``section 3501(a) of this title'';
(E) in paragraph (2), as so redesignated,
by striking ``section'' and all that follows
through ``of this title'' and inserting
``section 3226(b) of this title''; and
(F) in paragraph (3), as so redesignated,
by striking ``section 2433(d)'' and inserting
``section 4374''.
(6) Amendments to new 3507(d).--Subsection (d) of
such section, as redesignated and transferred by
paragraph (2), is amended--
(A) by inserting ``Authority When One or
More Conditions Not Met.--'' before ``The
Secretary may'';
(B) by striking ``paragraph (3)'' and
inserting ``subsection (c)'';
(C) by striking ``not met, if the Secretary
determines that'' and inserting ``not met, if--
``(1) the Secretary determines that''; and
(D) by striking ``of Defense and the
Secretary provides'' and inserting ``of
Defense; and
``(2) the Secretary provides''.
(7) Amendments to new 3507(e).--Subsection (e) of
such section, as redesignated and transferred by
paragraph (2), is amended--
(A) by inserting ``Limitation on
Delegation.--'' before ``The Secretary may
not'';
(B) by striking ``paragraph (3)'' and
inserting ``subsection (c)''; and
(C) by striking ``paragraph (6)'' and
inserting ``subsection (d)''.
(8) Amendments to new 3507(f).--Subsection (f) of
such section, as redesignated by paragraph (2), is
amended--
(A) by inserting ``Requests for Relief From
Specified Cost Savings.--'' before ``If for
any''; and
(B) by striking ``this section'' and
inserting ``this subchapter''.
(9) Amendments to new 3507(g).--Subsection (g) of
such section, as redesignated by paragraph (2), is
amended--
(A) by striking ``(A) The Secretary may''
and inserting ``Procurement of Complete and
Usable End Items.--
``(1) In general.--The Secretary may'';
(B) by redesignating subparagraph (B) as
paragraph (2); and
(C) in paragraph (2), as so redesignated--
(i) by realigning the paragraph 2
ems to the right; and
(ii) by inserting ``Long-lead
items.--'' before ``The Secretary
may''.
(j) Transfer of Subsection (l) of Section 2306b.--
(1) Transfer to new sections 3508, 3509, and
3510.--
(A) Transfers of certain paragraphs of
2306b to new 3509.--
(i) Paragraph (3) of subsection (l)
of section 2306b of title 10, United
States Code, is transferred to section
3509 of such title, as added by
subsection (a), inserted after the
section heading, and redesignated as
subsection (a).
(ii) Such section 3509 is further
amended by adding at the end the
following:
``(b) Report Required Before Entering Into Contract Above
Threshold.--''.
(iii) Paragraph (5) of subsection
(l) of such section 2306b is
transferred to section 3509 of such
title, as added by subsection (a),
inserted at the end of subsection (b),
as added by clause (ii), and
redesignated as paragraph (1).
(iv) Paragraphs (4) and (9) of
subsection (l) of such section 2306b
are transferred to section 3509 of such
title, as added by subsection (a),
inserted (in that order) after
paragraph (1) of subsection (b), as
transferred and redesignated by clause
(iii), and redesignated as paragraphs
(2) and (3), respectively.
(B) Transfer of certain paragraphs of 2306b
to new 3510.--Paragraphs (2) and (7) of
subsection (l) of such section 2306b are
transferred to section 3510 of such title, as
added by subsection (a), inserted after the
section heading, and redesignated as subsection
(b) and (c), respectively.
(C) Transfer of remaining paragraphs of
2306b to new 3508.--Subsection (l) of such
section 2306b (as amended by subparagraphs (A)
and (B)) is transferred to section 3508 of such
title, as added by subsection (a), inserted
after the section heading, and amended--
(i) by striking the subsection
designation and subsection heading; and
(ii) by redesignating paragraphs
(1), (6), and (8) as subsections (a),
(b), and (c), respectively.
(2) Amendments to new 3508(a).--Subsection (a) of
such section 3508, as transferred and redesignated by
paragraph (1)(C), is amended--
(A) by striking ``(A) The head of an
agency'' and inserting ``Notice Before Award of
Certain Contracts.--
``(1) Required notice.--The head of an agency'';
(B) by striking ``subparagraph (B)'' and
inserting ``paragraph (2)'';
(C) by redesignating subparagraph (B) as
paragraph (2) and realigning that paragraph 2
ems to the right; and
(D) in paragraph (2), as so redesignated--
(i) by striking ``subparagraph
(A)'' and inserting ``Covered
contracts.--Paragraph (1)'';
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(iii) by redesignating subclauses
(I) and (II) of subparagraph (A), as so
redesignated, as clauses (i) and (ii),
respectively.
(3) Amendment to new 3508(b).--Subsection (b) of
such section 3508, as transferred and redesignated by
paragraph (1)(C), is amended by inserting ``Notice
Before Terminating Multiyear Procurement Contract.--''
before ``The head of''.
(4) Amendments to new 3508(c).--Subsection (c) of
such section 3508, as transferred and redesignated by
paragraph (1)(C), is amended by striking ``This
subsection does not'' and inserting ``Inapplicability
to Noaa and Coast Guard.--This section and sections
3509 and 3510 of this title do not''.
(5) Amendment to new 3509(a).--Subsection (a) of
such section 3509, as transferred and redesignated by
paragraph (1)(A)(i), is amended by inserting
``Limitation.--'' before ``The head of''.
(6) Amendments to new 3509(b).--Subsection (b) of
such section 3509, as designated and amended by clauses
(ii), (iii), and (iv) of paragraph (1)(A), is amended--
(A) in paragraph (1)--
(i) by inserting ``In general.--''
before ``The head of''; and
(ii) by striking ``paragraph (4)''
and inserting ``paragraph (2)'';
(B) in paragraph (2), by striking ``Each
report required by paragraph (5)'' and
inserting ``Matter to be included in report.--
Each report required by paragraph (1)''; and
(C) in paragraph (3), by inserting
``Definitions.--'' before ``In this''.
(7) Amendment to new 3510(b).--Subsection (b) of
such section 3510, as transferred and redesignated by
paragraph (1)(B), is amended by inserting ``Funding for
Economic Order Quantity Advance Procurement.--'' before
``The head of''.
(8) Amendment to new 3510(c).--Subsection (c) of
such section 3510, as transferred and redesignated by
paragraph (1)(B), is amended by inserting ``Use of
Present Value Analysis.--'' before ``The execution
of''.
(k) Transfer of Subsection (j) of Section 2306b to New
3510.--Subsection (j) of section 2306b of title 10, United
States Code, is transferred to section 3510 of such title, as
added by subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended by striking the
first word of the subsection heading.
(l) Transfer of Subsection (m) of Section 2306b to New
3511.--Subsection (m) of section 2306b of title 10, United
States Code, is transferred to section 3511 of such title, as
added by subsection (a), inserted after the section heading,
and amended--
(1) by striking the subsection designation and
subsection heading;
(2) by striking ``this section'' and inserting
``this subchapter''; and
(3) by striking ``subsection (i)'' and inserting
``section 3507 of this title''.
(m) New Subchapter.--Chapter 249 of title 10, United States
Code, as amended by subsection (a), is amended by adding at the
end the following new subchapter:
``SUBCHAPTER II--MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES
``Sec.
``3531. Multiyear contracts for acquisition of services: authority;
definitions.
``3532. Multiyear contracts for acquisition of services: applicable
principles.
``3533. Multiyear contracts for acquisition of services: contract
cancellation or termination.
``3534. Multiyear contracts for acquisition of services: contracts with
value above $500,000,000 to be specifically authorized by law.
``3535. Multiyear contracts for acquisition of services: notice to
congressional committees before taking certain actions.
``Sec. 3531. Multiyear contracts for acquisition of services:
authority; definitions
``Sec. 3532. Multiyear contracts for acquisition of services:
applicable principles
``Sec. 3533. Multiyear contracts for acquisition of services: contract
cancellation or termination
``Sec. 3534. Multiyear contracts for acquisition of services: contracts
with value above $500,000,000 to be specifically
authorized by law
``Sec. 3535. Multiyear contracts for acquisition of services: notice to
congressional committees before taking certain
actions''.
(n) Transfer of Subsections (a), (b), (f), and (h) of
Section 2306c.--
(1) Transfer.--Subsections (a), (b), (f), and (h)
of section 2306c of title 10, United States Code, are
transferred to section 3531 of such title, as added by
subsection (n), and inserted (in that order) after the
section heading, and subsections (f) and (h) are
redesignated as subsections (c) and (d), respectively.
(2) Amendment to new 3531(a).--Subsection (a) of
such section 3531, as so transferred, is amended by
striking ``subsections (d) and (e)'' and inserting
``sections 3533 and 3534 of this title''.
(3) Amendment to new 3531(c) & (d).--Subsections
(c) and (d) of such section 3531, as so transferred and
redesignated, are each amended by striking ``this
section'' and inserting ``this subchapter''.
(o) Transfer of Subsection (c) of Section 2306c.--
Subsection (c) of section 2306c of title 10, United States
Code, is transferred to section 3532 of such title, as added by
subsection (m), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``this section'' and inserting
``this subchapter''.
(p) Transfer of Subsection (e) of Section 2306c.--
Subsection (e) of section 2306c of title 10, United States
Code, is transferred to section 3533 of such title, as added by
subsection (m), inserted after the section heading, and
redesignated as subsection (a).
(q) Transfer of Paragraphs (4) & (5) of Subsection (d) of
Section 2306c.--
(1) Insertion of subsection (b) designation.--Such
section 3533 is further amended by adding at the end
the following:
``(b) Contract Cancellation Ceilings Exceeding
$100,000,000.--''.
(2) Transfer and redesignation of paragraphs.--
Paragraphs (4) and (5) of subsection (d) of section
2306c of title 10, United States Code, are transferred
to such section 3533 of such title, inserted at the end
of subsection (b), as added by paragraph (1), and
redesignated as paragraphs (1) and (2), respectively.
(3) Amendment to new 3533(b)(1).--Paragraph (1) of
such subsection (b), as so transferred and
redesignated, is amended by striking ``subsection (a)''
and inserting ``sections 3531(a) of this title''.
(4) Amendment to new 3533(b)(2).--Paragraph (2) of
such subsection (b), as so transferred and
redesignated, is amended--
(A) by striking ``subsection (a)'' and
inserting ``sections 3531(a) of this title'';
and
(B) by striking ``paragraph (4)'' and
inserting ``paragraph (1)''.
(r) Transfer of Paragraph (2) of Subsection (d) of Section
2306c.--Paragraph (2) of subsection (d) of such section 2306c
is transferred to section 3534 of such title, as added by
subsection (m), inserted after the section heading, and
amended--
(1) by striking the paragraph designation; and
(2) by striking ``this section'' and inserting
``this subchapter''.
(s) Transfer of Remainder of Subsection (d) of Section
2306c.--
(1) Transfer.--Subsection (d) of such section 2306c
(as amended by subsections (r) and (s)) is transferred
to section 3535 of such title, as added by subsection
(m), inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1) and (3)
as subsections (a) and (b), respectively.
(2) Amendments to new 3535(a).--Subsection (a) of
such section 3535, as so transferred and redesignated,
is amended--
(A) by inserting ``Notice Before Award of
Certain Contracts.--'' before ``The head of an
agency''; and
(B) by striking ``this section'' and
inserting ``this subchapter''.
(3) Amendment to new 3535(b).--Subsection (b) of
such section 3535, as so transferred and redesignated,
is amended by inserting ``Notice Before Terminating
Multiyear Procurement Contract for Services.--'' before
``The head of an agency''.
(t) Other Authorities.--
(1) New subchapter.--Chapter 249 of title 10,
United States Code, as amended by this section, is
further amended by adding at the end the following new
subchapter:
``SUBCHAPTER III--OTHER AUTHORITIES RELATING TO MULTIYEAR CONTRACTS
``Sec.
``3551. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.''.
(2) Transfer of section 2410o.--Section 2410o of
title 10, United States Code, is transferred to
subchapter III of chapter 249 of such title, as added
by paragraph (1), inserted after the table of sections,
and redesignated as section 3551.
SEC. 1823. SIMPLIFIED ACQUISITION PROCEDURES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 251 and inserting
the following:
``CHAPTER 251--SIMPLIFIED ACQUISITION PROCEDURES
``Sec.
``3571. Simplified acquisition threshold.
``3572. Implementation of simplified acquisition procedures.
``3573. Micro-purchase threshold.''.
(b) Transfer of Sections.--Section 2302a, 2302b, and 2338
of title 10, United States Code, are transferred to chapter 251
of such title, as amended by subsection (a), inserted (in that
order) after the table of sections, and redesignated as
sections 3571, 3572, and 3573, respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 3571 of such title, as so transferred
and redesignated, is amended by striking ``section
2303'' in subsection (a) and inserting ``section
3063''.
(2) Section 3572 of such title, as so transferred
and redesignated, is amended by striking ``section
2303(a)'' and inserting ``section 3063''.
SEC. 1824. RAPID ACQUISITION PROCEDURES.
(a) Revised Chapter Outline.--Part V of subtitle A of title
10, United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by striking chapter 253 and
inserting the following:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Subchapter Sec.
``I. [Reserved]................................................... 3601
``II. [Reserved].................................................3611''.
(b) Clerical Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 253 and inserting the
following new item:
``253. Rapid Acquisition Procedures..............................3601''.
SEC. 1825. CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS,
AIRCRAFT, AND COMBAT VEHICLES.
(a) New Chapters.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 255 the
following new chapters:
``CHAPTER 257--CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS,
AIRCRAFT, AND COMBAT VEHICLES
``Sec.
``3671. Requirement for authorization by law of certain contracts
relating to vessels, aircraft, and combat vehicles.
``3672. Requirement of specific authorization by law for appropriation,
and for obligation and expenditure, of funds for certain
contracts relating to aircraft, naval vessels, and combat
vehicles.
``3673. Limitation on indemnification.
``3674. Long-term lease or charter defined; substantial termination
liability.
``3675. Capital lease or lease-purchase treated as an acquisition.
``3676. Guidelines.
``3677. Contracts for lease or use of vessels for a term of greater than
two years but less than five years: prior notice to
congressional committees.
``3678. Contracts with terms of 18 months or more: limitation.
``Sec. 3671. Requirement for authorization by law of certain contracts
relating to vessels, aircraft, and combat vehicles
``Sec. 3672. Requirement of specific authorization by law for
appropriation, and for obligation and expenditure,
of funds for certain contracts relating to
aircraft, naval vessels, and combat vehicles
``Sec. 3673. Limitation on indemnification
``Sec. 3674. Long-term lease or charter defined; substantial
termination liability
``Sec. 3675. Capital lease or lease-purchase treated as an acquisition
``Sec. 3676. Guidelines
``Sec. 3677. Contracts for lease or use of vessels for a term of
greater than two years but less than five years:
prior notice to congressional committees
``Sec. 3678. Contracts with terms of 18 months or more: limitation
``CHAPTER 258--OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR
PARTICULAR PURPOSES
``Sec.
``3681. Leasing of commercial vehicles and equipment.
``Sec. 3681. Leasing of commercial vehicles and equipment''.
(b) Transfer of Subsections (a) and (b) of Section 2401.--
Subsections (a) and (b) of section 2401 of title 10, United
States Code, are transferred to section 3671 of such title, as
added by subsection (a), and inserted after the section
heading.
(c) Transfer of Subsection (c)(2) of Section 2401.--
Paragraph (2) of subsection (c) of such section 2401 is
transferred to section 3673 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the paragraph designation;
(2) by striking ``this section'' and inserting
``this chapter''; and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(d) Transfer of Subsection (c)(1) of Section 2401.--
Subsection (c) of such section 2401 (as amended by subsection
(c)), is transferred to section 3672 of such title, as added by
subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended--
(1) by striking ``(1) Funds may not'' and inserting
``Limitation.--Funds may not''; and
(2) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(e) Transfer of Subsection (e) of Section 2401.--Subsection
(e) of section 2401 of such title, is transferred to section
3672 of such title, as added by subsection (a), inserted after
subsection (a), as transferred and redesignated by subsection
(d), redesignated as subsection (b), and amended--
(1) by striking ``(1) Whenever a request'' and
inserting ``Matter to Be Submitted to Congress.--(1)
Whenever a request'';
(2) in paragraph (2), by striking ``subsection
(g)'' and inserting ``section 3676 of this title''; and
(3) in paragraph (3), by striking ``this section''
and inserting ``this chapter''.
(f) Transfer of Subsection (d) of Section 2401.--
(1) Transfer.--Subsection (d) of section 2401 of
such title is transferred to section 3674 of such
title, as added by subsection (a), inserted after the
section heading, and amended--
(A) by striking the subsection designation;
and
(B) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively.
(2) Amendments to new 3674(a).--Subsection (a) of
such section 3674, as so redesignated, is amended--
(A) by striking ``(A) In this section'' and
inserting ``Long-term Lease or Charter.--
``(1) General rule.--
``(A) In this chapter'';
(B) by striking ``subparagraph (B)'' and
inserting ``paragraph (2)''; and
(C) by redesignating subparagraph (B) as
paragraph (2);
(D) by designating the sentence after
clause (ii) of subparagraph (A) as subparagraph
(B); and
(E) in paragraph (2), as redesignated by
subparagraph (C)--
(i) by striking ``In the case of''
and inserting ``Special rule.--
``(A) In the case of''; and
(ii) by designating the sentence
after clause (ii) of subparagraph (A)
as subparagraph (B).
(3) Amendments to new 3674(b).--Subsection (b) of
such section 3674, as so redesignated, is amended--
(A) by inserting ``Substantial Termination
Liability.--'' before ``For the purposes of'';
(B) by striking ``this section'' and
inserting ``this chapter'';
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and
(D) in paragraph (2), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(g) Transfer of Subsection (f) of Section 2401.--
(1) Transfer.--Subsection (f) of section 2401 of
such title is transferred to section 3675 of such
title, as added by subsection (a), inserted after the
section heading, and amended--
(A) by striking the subsection designation;
and
(B) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively.
(2) Amendments to new 3675(a).--Subsection (a) of
such section 3675, as so redesignated, is amended--
(A) inserting ``In General.--'' before ``If
a lease or charter'';
(B) by striking ``this section'' and
inserting ``this chapter''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(3) Amendments to new 3675(b).--Subsection (b) of
such section 3675, as so redesignated, is amended by
striking ``In this subsection'' and inserting
``Definitions.--In this section''.
(h) Transfer of Subsection (g) of Section 2401.--Subsection
(g) of section 2401 of such title is transferred to section
3676 of such title, as added by subsection (a), inserted after
the section heading, and amended by striking the subsection
designation.
(i) Transfer of Subsection (h) of Section 2401.--Subsection
(h) of section 2401 of such title is transferred to section
3677 of such title, as added by subsection (a), inserted after
the section heading, and amended by striking the subsection
designation.
(j) Transfer of Subsection (b) of Section 2401a.--
Subsection (b) of section 2401a of such title is transferred to
section 3678 of such title, as added by subsection (a),
inserted after the section heading, and amended by striking the
subsection designation and subsection heading.
(k) Transfer of Subsection (a) of Section 2401a.--
Subsection (a) of section 2401a of such title is transferred to
section 3681 of such title, as added by subsection (a),
inserted after the section heading, and amended by striking the
subsection designation and subsection heading.
(l) Tables of Chapters Amendments.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A, of title 10, United States Code, are amended by
inserting after the item relating to chapter 255 the following
new items:
``257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft,
and Combat''.
Subtitle D--General Contracting Provisions
SEC. 1831. COST OR PRICING DATA.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 271 and inserting
the following:
``CHAPTER 271--TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS)
``Sec.
``3701. Definitions.
``3702. Required cost or pricing data and certification.
``3703. Exceptions.
``3704. Cost or pricing data on below-threshold contracts.
``3705. Submission of other information.
``3706. Price reductions for defective cost or pricing data.
``3707. Interest and penalties for certain overpayments.
``3708. Right to examine contractor records.
``Sec. 3701. Definitions
``Sec. 3702. Required cost or pricing data and certification
``Sec. 3703. Exceptions
``Sec. 3704. Cost or pricing data on below-threshold contracts
``Sec. 3705. Submission of other information
``Sec. 3706. Price reductions for defective cost or pricing data
``Sec. 3707. Interest and penalties for certain overpayments
``Sec. 3708. Right to examine contractor records''.
(b) Transfer of Subsection (h) of Section 2306a.--
Subsection (h) of section 2306a of title 10, United States
Code, is transferred to section 3701 of such title, as added by
subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended--
(1) by striking ``this section'' and inserting
``this chapter''; and
(2) in paragraph (1), by striking ``subsection
(e)(1)(B)'' and inserting ``section 3706(a)(2) of this
title''.
(c) Transfer of Subsection (a) of Section 2306a.--
(1) Transfer.--Subsection (a) of section 2306a of
title 10, United States Code, is transferred to section
3702 of such title, as added by subsection (a),
inserted after the section heading, and amended by
redesignating paragraphs (2) through (7) as subsections
(b) through (g), respectively.
(2) Conforming internal redesignations and
insertion of headings in new 3702(a).--Such subsection
(a), as so transferred and amended, is amended--
(A) by striking ``Required Cost or Pricing
Data and Certification.--(1) the head of'' and
inserting ``When Required.--The head of'';
(B) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively;
(C) in paragraph (1), as so redesignated--
(i) by inserting ``Offeror for
prime contract.--'' before ``An
offeror''; and
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contractor.--''
before ``The contractor'';
(ii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively;
(iii) in subparagraph (A), as so
redesignated, by striking
``subparagraph (A)(i)'' and inserting
``paragraph (1)(A)'';
(iv) in subparagraph (B), as so
redesignated, by striking ``paragraph
(6)'' and inserting ``subsection (f)'';
and
(v) in subparagraph (C), as so
redesignated, by striking ``clause (i)
or (ii)'' and inserting ``subparagraph
(A) or (B)'';
(E) in paragraph (3), as so redesignated--
(i) by inserting ``Offeror for
subcontract.--'' before ``An offeror'';
(ii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively;
(iii) in subparagraph (A), as so
redesignated, by striking
``subparagraph (A)(i)'' and inserting
``paragraph (1)(A)'';
(iv) in subparagraph (B), as so
redesignated, by striking ``paragraph
(6)'' and inserting ``subsection (f)'';
and
(v) in subparagraph (C), as so
redesignated, by striking ``clause (i)
or (ii)'' and inserting ``subparagraph
(A) or (B)''; and
(F) in paragraph (4), as so redesignated--
(i) by inserting ``Subcontractor.--
'' before ``The subcontractor'';
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(iii) in the matter preceding
subparagraph (A), as so redesignated,
by striking ``subparagraph (C)'' and
inserting ``paragraph (3)'';
(iv) in subparagraph (A), as so
redesignated, by striking
``subparagraph (C)(i)'' and inserting
``paragraph (3)(A)''; and
(v) in subparagraph (B), as so
redesignated, by striking
``subparagraph (C)(iii)'' and inserting
``paragraph (3)(C)''.
(3) Conforming amendments in new section 3702(a) to
references to chapter 137.--Such subsection (a) is
further amended by striking ``a prime contract under
this chapter'' each place it appears and inserting ``a
prime contract under a chapter 137 legacy provision''.
(4) Conforming internal redesignations and
insertion of heading in new 3702(b).--Subsection (b) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``Certfication.--'' before
``A person required'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(C) by striking ``subsection (c)'' and
inserting ``section 3704 of this title''.
(5) Conforming internal redesignations and
insertion of heading in new 3702(c).--Subsection (c) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``To Whom Submitted.--''
before ``Cost or pricing data'';
(B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and
(C) in the matter preceding paragraph (1),
as so redesignated--
(i) by striking ``paragraph (1) (or
under subsection (c))'' and inserting
``subsection (a) (or under section 3704
of this title)''; and
(ii) by striking ``paragraph (2)''
and inserting ``subsection (b)''.
(6) Conforming internal redesignations and
insertion of heading in new 3702(d).--Subsection (d) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``Applicability of
Chapter.--'' before ``Except as provided
under''; and
(B) by striking ``subsection (b)'' and
inserting ``section 3703 of this title''.
(7) Conforming internal redesignations and
insertion of heading in new 3702(e).--Subsection (e) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``Subcontracts Not
Affected by Waiver.--'' before ``A waiver of'';
(B) by striking ``subsection (b)(1)(C)''
and inserting ``section 3703(a)(3) of this
title'';
(C) by striking ``paragraph (1)(C)'' and
inserting ``subsection (a)(3)''; and
(D) by striking ``that paragraph'' and
inserting ``that subsection''.
(8) Conforming internal redesignations and
insertion of heading in new 3702(f).--Subsection (f) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``Modifications to Prior
Contracts.--'' before ``Upon the request of'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by striking ``that paragraph'' and
inserting ``that subsection''; and
(D) by striking ``subparagraphs (B)(ii) and
(C)(ii) of paragraph (1)'' and inserting
``paragraphs (2)(B) and (3)(B) of subsection
(a)''.
(9) Conforming internal redesignations and
insertion of heading in new 3702(g).--Subsection (g) of
section 3702, as transferred and redesignated by
paragraph (1), is amended--
(A) by inserting ``Adjustment of Amounts.--
'' before ``Effective on''; and
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''.
(d) Transfer of Subsection (b) of Section 2306a.--
(1) Transfer.--Subsection (b) of section 2306a of
title 10, United States Code, is transferred to section
3703 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1) through
(6) as subsections (a) through (f),
respectively, and realigning those subsections
flush to the left margin.
(2) Conforming internal redesignations in new
3703(a).--Subsection (a) of such section 3703, as so
transferred and redesignated by paragraph (1), is
amended--
(A) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively;
(B) in the matter preceding paragraph (1),
as so redesignated, by striking ``under
subsection (a)'' and inserting ``under section
3702 of this title'';
(C) in paragraph (1), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(D) in paragraph (3), as so redesignated,
by striking ``this section'' and inserting
``this chapter''; and
(E) in paragraph (4), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(3) Conforming internal redesignations in new
3703(b).--Subsection (b) of such section 3703, as so
transferred and redesignated by paragraph (1), is
amended--
(A) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1),
as so redesignated--
(i) by striking ``paragraph (1)(A)
or (1)(B)'' and inserting ``paragraph
(1) or (2) of subsection (a)''; and
(ii) by striking ``subsection (a)''
and inserting ``section 3702 of this
title''; and
(C) in paragraph (1), as so redesignated,
by striking ``paragraph (1)(A) or (1)(B)'' and
inserting ``paragraph (1) or (2) of subsection
(a)''.
(4) Conforming internal redesignations in new
3703(c).--Subsection (c) of such section 3703, as so
transferred and redesignated by paragraph (1), is
amended--
(A) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3),
respectively;
(B) in paragraph (1), as so redesignated--
(i) by striking ``paragraph
(1)(B)'' and inserting ``subsection
(a)(2)'';
(ii) by striking ``subsection
(a)(1)(A)(i)'' and inserting ``section
3702(a)(1)(A) of this title''; and
(iii) by striking ``subsection
(a)(7)'' and inserting ``section
3702(g) of this title'';
(C) in paragraph (2), as so redesignated,
by striking ``this paragraph'' and inserting
``this subsection''; and
(D) in paragraph (3), as so redesignated--
(i) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(ii) in the matter preceding
subparagraph (A), as so redesignated,
by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(ii) in subparagraph (A), as so
redesignated, by striking
``subparagraph (A) or (C) of paragraph
(1)'' and inserting ``paragraph (1) or
(3) of subsection (a)''.
(5) Conforming internal redesignations in new
3703(d).--Subsection (d) of such section 3703, as so
transferred and redesignated by paragraph (1), is
amended--
(A) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3),
respectively;
(B) in paragraph (1), as so redesignated,
by striking ``paragraph (1)(B)'' and inserting
``subsection (a)(2)'';
(C) in paragraph (2), as so redesignated,
by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(D) in paragraph (3), as so redesignated--
(i) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(ii) in the matter preceding
subparagraph (A), as so redesignated,
by striking ``subparagraph (B)'' and
inserting ``paragraph (2)''.
(6) Conforming internal redesignations in new
3703(f).--Subsection (f) of such section 3703, as so
transferred and redesignated by paragraph (1), is
amended--
(A) by striking ``subsection (a)'' and
inserting ``section 3702 of this title''; and
(B) by striking ``paragraph (1)(A)'' and
inserting ``subsection (a)(1)''.
(e) Transfer of Subsection (c) of Section 2306a.--
(1) Transfer.--Subsection (c) of section 2306a of
title 10, United States Code, is transferred to section
3704 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c),
respectively, and realigning those subsections
flush to the left margin.
(2) Conforming internal redesignations in new
3704(a).--Subsection (a) of such section 3704, as so
transferred and redesignated, is amended--
(A) by striking ``paragraph (2)'' and
inserting ``subsection (b)'';
(B) by striking ``subsection (a)'' and
inserting ``section 3702 of this title''; and
(C) by striking ``under this subsection''
and inserting ``under this section''.
(3) Conforming internal redesignations in new
3704(b).--Subsection (b) of such section 3704, as so
transferred and redesignated, is amended--
(A) by striking ``under this paragraph''
and inserting ``under this subsection''; and
(B) by striking ``subparagraph (A) or (B)
of subsection (b)(1)'' and inserting
``paragraph (1) or (2) of section 3703(a) of
this title''.
(4) Conforming internal redesignations in new
3704(c).--Subsection (c) of such section 3704, as so
transferred and redesignated, is amended by striking
``under this paragraph'' and inserting ``under this
subsection''.
(f) Transfer of Subsection (d) of Section 2306a.--
(1) Transfer.--Subsection (d) of section 2306a of
title 10, United States Code, is transferred to section
3705 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c),
respectively, and realigning those subsections
flush to the left margin.
(2) Conforming internal redesignations in new
3705(a).--Subsection (a) of such section 3705, as so
transferred and redesignated, is amended--
(A) by striking ``under this section'' and
inserting ``under this chapter''; and
(A) by striking ``subsection (b)(1)(A)''
and inserting ``section 3703(a)(1) of this
title''.
(3) Conforming internal redesignations in new
3705(b).--Subsection (b) of such section 3705, as so
transferred and redesignated, is amended--
(A) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(B) in paragraph (1), as so redesignated--
(i) by redesignating clauses (i)
through (vi) as subparagraphs (A)
through (F), respectively; and
(ii) in the matter preceding
subparagraph (A), as so redesignated,
by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(C) in paragraph (2), as so redesignated--
(i) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(ii) in subparagraph (A), as so
redesignated, by striking
``subparagraph (A)'' and inserting
``paragraph (1)''.
(4) Conforming internal redesignations in new
3705(c).--Subsection (c) of such section 3705, as so
transferred and redesignated, is amended--
(A) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3),
respectively; and
(B) in the matter preceding paragraph (1),
as so redesignated, by striking ``under
paragraph (1)'' and inserting ``under
subsection (a)''.
(g) Transfer of Subsection (e) of Section 2306a.--
(1) Transfer.--Subsection (e) of section 2306a of
title 10, United States Code, is transferred to section
3706 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (b), (c), and
(d), respectively.
(2) Conforming internal redesignations in new
3706(a).--Subsection (a) of such section 3706, as so
transferred and redesignated, is amended--
(A) by striking ``(A) A prime contract''
and inserting ``Provision Requiring
Adjustment.--
``(1) In general.--A prime contract'';
(B) by striking ``subsection (a)(2)'' and
inserting ``section 3702(b) of this title'';
(C) by redesignating subparagraph (B) as
paragraph (2);
(D) by inserting ``What constitutes
defective cost or pricing data.--'' before
``For the purposes''; and
(E) by striking ``of this section'' and
inserting ``of this chapter''.
(3) Conforming internal redesignations in new
3706(b).--Subsection (b) of such section 3706, as so
transferred and redesignated, is amended--
(A) by inserting ``Valid Defense.--''
before ``In determining for''; and
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''.
(4) Conforming internal redesignations in new
3706(c).--Subsection (c) of such section 3706, as so
transferred and redesignated, is amended--
(A) by inserting ``Invalid Defenses.--''
before ``It is not'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively;
(D) in paragraph (1), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(E) in paragraph (4), as so redesignated,
by striking ``subsection (a)(2)'' and inserting
``section 3702(b) of this title''.
(5) Conforming internal redesignations in new
3706(d).--Subsection (d) of such section 3706, as so
transferred and redesignated, is amended--
(A) by striking ``(A) A contractor shall''
and inserting ``Offsets.--
``(1) When allowed.--A contractor shall'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by redesignating subparagraph (B) as
paragraph (2);
(D) in paragraph (1), as designated by
subparagraph (A), by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(E) in subparagraph (B), as so redesignated
by subparagraph (D)--
(i) by striking ``paragraph
(1)(B)'' and inserting ``subsection
(a)(2)''; and
(ii) by striking ``subsection
(a)(3)'' and inserting ``section
3702(c) of this title''; and
(F) in paragraph (2), as redesignated by
subparagraph (C)--
(i) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)'';
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(iii) in subparagraph (A), as so
redesignated, by striking ``subsection
(a)(2)'' and inserting ``section
3702(b) of this title''; and
(iv) in subparagraph (B), as so
redesignated--
(I) by striking
``subparagraph (A)(ii)'' and
inserting ``paragraph (1)(B)'';
and
(II) by striking
``paragraph (1)(B)'' and
inserting ``subsection
(a)(2)''.
(h) Transfer of Subsection (f) of Section 2306a.--
(1) Transfer.--Subsection (f) of section 2306a of
title 10, United States Code, is transferred to section
3707 of such title, as added by subsection (a),
inserted after the section heading, redesignated as
subsection (a), and amended by redesignating paragraph
(2) as subsection (b).
(2) Conforming internal redesignations in new
3707(a).--Subsection (a) of such section 3706, as so
transferred and redesignated, is amended--
(A) by striking ``Interest and Penalties
for Certain Overpayments.--(1)'' and inserting
``In General.--''
(B) by striking ``this section'' and
inserting ``this chapter'';
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and
(D) in paragraph (1), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(3) Conforming internal redesignations in new
3707(b).--Subsection (b) of such section 3706, as so
transferred and redesignated, is amended--
(A) by inserting ``Liability Not Affected
by Refusal to Submit Certification.--'' before
``Any liability'';
(B) by striking ``this subsection'' and
inserting ``this section''; and
(C) by striking ``subsection (a)(2)'' and
inserting ``section 3702(b) of this title''.
(i) Transfer of Subsection (g) of Section 2306a.--
Subsection (g) of section 2306a of title 10, United States
Code, is transferred to section 3708 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection redesignation and
subsection heading;
(2) by striking ``this section'' and inserting
``this chapter''; and
(3) by striking ``section 2313(a)(2)'' and
inserting ``section 3841(b)(2)''.
(j) Conforming Cross-reference Amendments.--
(1) Section 1608(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2273 note) is amended by striking
``section 2306a'' and inserting ``chapter 271''.
(2) Section 866(b)(4) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note) is amended--
(A) in subparagraph (A), by striking
``section 2306a'' and inserting ``chapter
271''; and
(B) in subparagraph (B), by striking
``section 2306a(d)'' and inserting ``section
3705''.
(3) Section 2343 of title 10, United States Code,
is amended by striking ``2306a, and 2313'' and
inserting ``3701-3708, and 3841''.
(4) Section 2379(c)(1) of title 10, United States
Code, is amended by striking ``section 2306a'' and
inserting ``sections 3701-3708''.
(5) Section 2380(b)(2)(B)(i) of title 10, United
States Code, is amended by striking ``section
2306a(b)(4)(B)'' and inserting ``section 3703(d)(2)''.
(6) Section 9511a(d) of title 10, United States
Code, is amended by striking ``section 2306a'' and
inserting ``chapter 271''.
(7) Section 890(a)(2) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2306a note) is amended
by striking ``section 2306a'' and inserting ``of
chapter 271''.
(k) Chapter for Additional Cost or Pricing Provisions.--
Such Part V is further amended by inserting after chapter 271,
as added by subsection (a), the following new chapter:
``CHAPTER 272--OTHER PROVISIONS RELATING TO COST OR PRICING DATA
``Sec.
``3721. Evaluating the reasonableness of price: guidance and training.
``3722. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards.
``3723. Streamlining awards for innovative technology projects: pilot
program.
``3724. Risk-based contracting for smaller contract actions under Truth
in Negotiations Act: pilot program.
``Sec. 3721. Evaluating the reasonableness of price: guidance and
training
``[Reserved].
``Sec. 3722. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting
standards
``[Reserved].
``Sec. 3723. Streamlining awards for innovative technology projects:
pilot program
``[Reserved].
``Sec. 3724. Risk-based contracting for smaller contract actions under
truth in negotiations act: pilot program
``[Reserved].''.
(l) Tables of Chapters Amendments.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115-232),
of title 10, United States Code, are amended by striking the
item relating to chapter 271 and inserting the following:
``271. Truthful Cost or Pricing Data (Truth in Negotiations)...... 3701
``272. Other Provisions Relating to Cost or Pricing Data.........3721''.
SEC. 1832. ALLOWABLE COSTS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 273 and inserting
the following:''.
``CHAPTER 273--ALLOWABLE COSTS
``Subchapter Sec.
``I. General...................................................... 3741
``II. Other Allowable Cost Provisions............................. 3761
``SUBCHAPTER I--GENERAL
``Sec.
``3741. Definitions.
``3742. Adjustment of threshold amount of covered contract.
``3743. Effect of submission of unallowable costs.
``3744. Specific costs not allowable.
``3745. Required regulations.
``3746. Applicability of regulations to subcontractors.
``3747. Contractor certification.
``3748. Penalties for submission of cost known as not allowable.
``3749. Burden of proof on contractor.
``3750. Proceeding costs not allowable.
``Sec. 3741. Definitions
``In this subchapter:
``Sec. 3742. Adjustment of threshold amount of covered contract
``Sec. 3743. Effect of submission of unallowable costs
``Sec. 3744. Specific costs not allowable
``Sec. 3745. Required regulations
``Sec. 3746. Applicability of regulations to subcontractors
``Sec. 3747. Contractor certification
``Sec. 3748. Penalties for submission of cost known as not allowable
``Sec. 3749. Burden of proof on contractor
``Sec. 3750. Proceeding costs not allowable''.
(b) Transfer of Definition Paragraphs From Subsection (l)
of Section 2324.--
(1) Paragraph (4) of section 2324(l) of title 10,
United States Code, is transferred to section 3741 of
such title, as added by subsection (a), inserted at the
end, redesignated as paragraph (1), and amended by
inserting ``Compensation.--'' before ``The term''.
(2) Subparagraph (A) of paragraph (1) of such
section 2324(l) is transferred to section 3741 of such
title, as added by subsection (a), inserted after
paragraph (1), as transferred and redesignated by
paragraph (1), redesignated as paragraph (2), and
amended by inserting ``Covered contract.--'' before
``The term''.
(3)(A) Paragraphs (6), (2), and (3) of such section
2324(l) are transferred to section 3741 of such title,
as added by subsection (a), inserted (in that order)
after paragraph (2), as transferred and redesignated by
paragraph (2), and redesignated as paragraphs (3), (4),
and (5), respectively.
(B) The paragraphs transferred and redesignated by
subparagraph (A) are amended--
(i) by inserting ``Fiscal year.--'' before
``The term'' in paragraph (3), as so
redesignated;
(ii) by inserting ``Head of the agency.--''
before ``The term'' in paragraph (4), as so
redesignated; and
(iii) by inserting ``Agency.--'' before
``The term'' in paragraph (5), as so
redesignated.
(4) Subparagraph (B) of paragraph (1) of such
section 2324(l) is transferred to section 3742 of such
title, as added by subsection (a), inserted after the
section heading, and amended--
(A) by realigning the text 2 ems to the
left;
(B) by striking the subparagraph
designation; and
(C) by striking ``subparagraph (A)'' and
inserting ``section 3741(2) of this title''.
(c) Transfer of Subsections (a)-(d) of Section 2324.--
(1) Transfer.--Subsections (a), (b), (c), and (d)
of section 2324 of title 10, United States Code, are
transferred to section 3743 of such title, as added by
subsection (a), and inserted after the section heading.
(2) Amendments to new 3743(b).--Such subsection (b)
is amended--
(A) by striking ``Principle.--(1) If the''
and inserting ``Principle.--
``(1) If the''; and
(B) by realigning paragraph (2) 2 ems to
the right and inserting ``Cost determined to be
unallowable before proposal submitted.--''
before ``If the''.
(d) Transfer of Subsection (e) of Section 2324.--
(1) Transfer.--Subsection (e) of section 2324 of
title 10, United States Code, is transferred to section
3744 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading;
(B) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (d), (b), and
(c), respectively; and
(C) by transferring subsection (d), as so
redesignated, to the end of such section, after
subsection (c), as so redesignated.
(2) Amendments to new 3744(a).--Subsection (a) of
such section, as so redesignated, is amended--
(A) by inserting ``Specific Costs.--''
before ``The following costs'';
(B) by redesignating subparagraphs (A)
through (Q) as paragraphs (1) through (17),
respectively (including redesignating both
subparagraphs (P) as paragraph (16));
(C) in paragraph (15), as so redesignated,
by striking ``subsection (k)'' and inserting
``section 3750 of this title''; and
(D) in paragraph (17), as so redesignated,
by striking ``subsection (k)(2)'' and inserting
``section 3750(c) of this title''.
(3) Amendments to new 3744(b).--Subsection (b) of
such section, as so redesignated, is amended--
(A) by striking ``(A) Pursuant to'' and
inserting ``Waiver of Severance Pay
Restrictions for Foreign Nationals.--
``(1) Head of an agency determination.--Pursuant
to'';
(B) by redesignating subparagraphs (B) and
(C) as paragraphs (2) and (3), respectively;
(C) in paragraph (1), as designated by
subparagraph (A)--
(i) by striking ``paragraph (2)''
and inserting ``subsection (d)'';
(ii) by striking ``paragraphs
(1)(M) and (1)(N)'' and inserting
``subsections (a)(13) and (a)(14)'';
and
(iii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively;
(D) in paragraph (2), as so redesignated by
subparagraph (B)--
(i) by realigning that paragraph 2
ems to the right;
(ii) by inserting ``Solicitation to
include statement about waiver.--''
before ``The head of'';
(iii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(iv) in subparagraph (A), as so
redesignated, by striking
``subparagraph (A)'' and inserting
``paragraph (1)''; and
(E) in paragraph (3), as so redesignated by
subparagraph (B)--
(i) by realigning that paragraph 2
ems to the right;
(ii) by inserting ``Determination
to be made before contract awarded.--''
before ``The head of''; and
(iii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)''.
(4) Amendments to new 3744(c).--Subsection (c) of
such section, as so redesignated, is amended--
(A) by inserting ``Establishment of
Definitions, Exclusions, Limitations, and
Qualifications.--'' before ``The provisions
of''; and
(B) by striking ``this section'' and
inserting ``this subchapter''.
(5) Amendments to new 3744(d).--Subsection (d) of
such section, as so redesignated and transferred, is
amended--
(A) by striking ``(A) The Secretary'' and
inserting ``Specific Costs Under Military
Banking Contracts Relating to Foreign
Nationals.--
``(1) Authority.--The Secretary'';
(B) by redesignating subparagraphs (B) and
(C) as paragraphs (2) and (3), respectively,
and realigning those paragraph 2 ems to the
right;
(C) in paragraph (1), as designated by
subparagraph (A), by striking ``paragraphs
(1)(M) and (1)(N)'' and inserting ``subsections
(a)(13) and (a)(14)'';
(D) in paragraph (2), as so redesignated by
subparagraph (B)--
(i) by inserting ``Definitions.--''
before ``In'';
(ii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)'';
(iii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(iv) in subparagraph (A), as so
redesignated, by inserting ``Military
banking contract.--'' before ``The
term''; and
(v) in subparagraph (B), as so
redesignated, by inserting ``Mandated
foreign national severance pay.--''
before ``The term''; and
(E) in paragraph (3), as so redesignated by
subparagraph (B)--
(i) by inserting ``Exception for
foreign-owned financial institutions.--
'' after the paragraph designation; and
(ii) by striking ``Subparagraph
(A)'' and inserting ``Paragraph (1)''.
(e) Transfer of Subsection (f) of Section 2324.--
(1) Transfer.--Subsection (f) of section 2324 of
title 10, United States Code, is transferred to section
3745 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading;
(B) by redesignating paragraph (1) as
subsection (a);
(C) by designating the third sentence of
such subsection as subsection (b);
(D) by redesignating paragraph (2) as
subsection (c); and
(E) by redesignating paragraphs (3) and (4)
as paragraphs (2) and (3), respectively, and
realigning those paragraphs 2 ems to the right.
(2) Amendment to new 3745(a).--Subsection (a) of
such section, as so redesignated, is amended by
inserting ``In General.--'' before ``The Federal''.
(3) Amendments to new 3745(b).--Subsection (b) of
such section, as so designated by paragraph (1)(C), is
amended--
(A) by inserting ``Specific Items.--''
before ``The regulations''; and
(B) by redesignating subparagraphs (A)
through (Q) as paragraphs (1) through (17),
respectively.
(4) Amendments to new 3745(c).--Subsection (c) of
such section, as so redesignated by paragraph (1)(D),
is amended--
(A) by striking ``The Federal'' and
inserting ``Additional Requirements.--
``(1) When questioned costs may be resolved.--The
Federal'';
(B) in paragraph (2), as so redesignated by
paragraph (1)(E), by inserting ``Presence of
contract auditor.--'' before ``The Federal'';
and
(C) in paragraph (3), as so redesignated by
paragraph (1)(E), by inserting ``Settlement to
reflect amount of individual questioned
costs.--'' before ``The Federal''.
(e) Transfer of Subsection (g) of Section 2324.--Subsection
(g) of section 2324 of title 10, United States Code, is
transferred to section 3746 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``subsections (e) and (f)(1)'' and
inserting ``sections 3744 and 3745(a) and (b) of this
title''.
(f) Transfer of Subsection (h) of Section 2324.--
(1) Transfer.--Subsection (h) of section 2324 of
title 10, United States Code, is transferred to section
3747 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively.
(2) Amendment to new 3747(a).--Subsection (a) of
such section, as so redesignated, is amended by
inserting ``Content and Form.--'' before ``A
proposal''.
(3) Amendments to new 3747(b).--Subsection (b) of
such section, as so redesignated, is amended--
(A) by inserting ``Waiver.--'' before ``The
head'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(g) Transfer of Subsection (i) of Section 2324.--Subsection
(i) of section 2324 of title 10, United States Code, is
transferred to section 3748 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation and subsection heading.
(h) Transfer of Subsection (j) of Section 2324.--Subsection
(j) of section 2324 of title 10, United States Code, is
transferred to section 3749 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation and subsection heading.
(i) Transfer of Subsection (k) of Section 2324.--
(1) Transfer of paragraph (6) of 2324(k).--
(A) Transfer.--Paragraph (6) of Subsection
(k) of section 2324 of title 10, United States
Code, is transferred to section 3750 of such
title, as added by subsection (a), inserted
after the section heading, redesignated as
subsection (a), and amended by striking ``In
this subsection'' and inserting
``Definitions.--In this section''.
(B) Redesignation of subparagraphs.--Such
subsection (a), as so transferred and
redesignated, is further amended by
redesignating subparagraphs (A), (B), and (C)
as paragraphs (3), (1), and (2), respectively,
and transferring paragraph (3), as so
redesignated to the end of such subsection so
as to appear after paragraph (2), as so
redesignated.
(C) Amendments to new 3750(a)(1).--
Paragraph (1) of such subsection, as so
redesignated, is amended--
(i) by inserting ``Costs.--''
before ``The term'';
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(iii) in subparagraph (B), as so
redesignated, by redesignating
subclauses (I), (II), (III), and (IV)
as clauses (i), (ii), (iii), and (iv),
respectively.
(D) Amendment to new 3750(a)(2).--Paragraph
(2) of such subsection, as so redesignated, is
amended by inserting ``Penalty.--'' before
``The term''.
(E) Amendment to new 3750(a)(3).--Paragraph
(3) of such subsection, as so redesignated and
transferred, is amended by inserting
``Proceedings.--'' before ``The term''.
(2) Transfer of paragraphs (1)-(5) of 2324(k).--
Subsection (k) of section 2324 of title 10, United
States Code (other than the portion transferred by
paragraph (1)), is transferred to section 3750 of such
title, as added by subsection (a), inserted after
subsection (a), as transferred and redesignated by
paragraph (1), and amended by striking the subsection
designation and heading and by redesignating paragraphs
(1), (2), (3), (4), and (5) as subsections (b), (c),
(d), (e), and (f), respectively.
(3) Amendments to new 3750(b).--Subsection (b) of
such section, as so transferred and redesignated, is
amended--
(A) by inserting ``In General.--'' before
``Except as'';
(B) by striking ``this subsection'' and
inserting ``this section'';
(C) by striking ``section 2409'' and
inserting ``section 4701'';
(D) by striking ``if the proceeding (A)
relates to'' and inserting ``if the
proceeding--
``(1) relates to'';
(E) by striking ``in subparagraphs (A)
through (C) of section 2409(a)(1)'' and
inserting ``in section 4701(a)(1)'';
(F) by striking ``this title, and (B)
results in'' and inserting ``this title; and
``(2) results in''; and
(G) by striking ``paragraph (2)'' and
inserting ``subsection (c)''.
(4) Amendments to new 3750(c).--Subsection (c) of
such section, as so transferred and redesignated, is
amended--
(A) by inserting ``Covered Dispositions.--
'' before ``A disposition'';
(B) by striking ``paragraph (1)(B)'' and
inserting ``subsection (b)(2)'';
(C) by striking ``paragraph (1)'' each
place it appears and inserting ``subsection
(b)'';
(D) by redesignating subparagraphs (A),
(B), (C), (D), and (E) as paragraphs (1), (2),
(3), (4), and (5), respectively;
(E) in paragraph (3), as so redesignated,
by striking ``section 2409'' and inserting
``section 4701'';
(F) in paragraph (4), as so redesignated,
by redesignating clauses (i), (ii), and (iii)
as subparagraphs (A), (B), and (C),
respectively; and
(G) in paragraph (5), as so redesignated,
by striking ``subparagraph (A), (B), (C), or
(D)'' and inserting ``paragraphs (1), (2), (3),
or (4)''.
(5) Amendments to new 3750(d).--Subsection (d) of
such section, as so transferred and redesignated, is
amended--
(A) by inserting ``Costs Allowed by
Settlement Agreement in Proceeding Commenced by
United States.--'' before ``In the case of'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (b)''; and
(C) by striking ``such paragraph'' and
inserting ``such subsection''.
(6) Amendments to new 3750(e).--Subsection (e) of
such section, as so transferred and redesignated, is
amended--
(A) By inserting ``Costs Specifically
Authorized in Proceeding Commenced by State.--
'' before ``In the case of'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (b)''; and
(C) by striking ``(A)'' and ``(B)'' and
inserting ``(1)'' and ``(2)'', respectively.
(7) Amendments to new 3750(f).--Subsection (f) of
such section, as so transferred and redesignated, is
amended--
(A) by striking ``(A) Except as provided
in'' and inserting ``Other Allowable Costs.--
``(1) In general.--Except as provided in'';
(B) by redesignating subparagraphs (B) and
(C) as paragraphs (2) and (3), respectively,
and realigning those paragraphs 2 ems to the
right;
(C) in paragraph (1), as designated by
subparagraph (A)--
(i) by striking ``subparagraph
(C)'' and inserting ``paragraph (3)'';
(ii) by striking ``paragraph (1)''
and inserting ``subsection (b)''; and
(iii) by striking ``subparagraph
(B)'' and inserting ``paragraph (2)'';
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) by striking ``(i) The amount
of'' and inserting ``Amount of
Allowable Costs.--
``(A) Maximum amount allowed.--The amount
of'';
(ii) by redesignating clause (ii)
as subparagraph (B);
(iii) in subparagraph (A), as
designated by clause (i), by striking
``subparagraph (A)'' and inserting
``paragraph (1)''; and
(iv) in subparagraph (B), as
redesignated by clause (ii)--
(I) by inserting ``Content
of regulations.--'' before
``Regulations issued'';
(II) by striking ``clause
(i)'' and inserting
``subparagraph (A)'';
(III) by striking
``consideration of the
complexity of'' and inserting
``consideration of--
``(i) the complexity of'';
(IV) by striking
``procurement litigation,
generally accepted'' and
inserting ``procurement
litigation;
``(ii) generally accepted''; and
(E) by striking ``as a party and such
other'' and inserting ``as a party; and
``(iii) such other''; and
(F) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``When otherwise
allowable costs are not allowable.--''
before ``In the case of'';
(ii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)'';
(iii) by striking ``under this
paragraph'' and inserting ``under this
subsection'';
(iv) by striking ``not allowable if
(i) such proceeding'' and inserting
``not allowable if--
``(A) such proceeding''; and
(v) by striking ``proceeding, and
(ii) the costs'' and inserting
``proceeding; and
``(B) the costs''.
(j) Additional Allowable Cost Provisions.--
(1) In general.--Chapter 273 of title 10, United
States Code, as added by subsection (a), is amended by
adding at the end the following new subchapter:
``Subchapter II--Other Allowable Cost Provisions
``Sec.
``3761. Restructuring costs.
``3762. Independent research and development costs: allowable costs.
``3763. Bid and proposal costs: allowable costs.
``3764. Excessive pass-through charges.
``3765. Institutions of higher education: reimbursement of indirect
costs under Department of Defense contracts.''.
(2) Transfer of sections on restructuring costs,
allowability of independent research and development
costs, and allowability of bid and proposal costs.--
Sections 2325, 2372, and 2372a of title 10, United
States Code, are transferred to subchapter II of
chapter 273 of such title, as added by paragraph (1),
inserted (in that order) after the table of sections,
and redesignated as sections 3761, 3762, and 3763,
respectively.
(3) Amendments to new 3761.--Section 3761 of title
10, United States Code, as so transferred and
redesignated, is amended--
(A) by redesignating subsection (b) as
subsection (c);
(B) in subsection (a)--
(i) by striking ``(1)'' before
``The Secretary''; and
(ii) by striking ``section 2324 of
this title'' and inserting ``subchapter
I'':
(C) by redesignating paragraph (2) as
subsection (b);
(D) in subsection (b), as so redesignated--
(i) by inserting ``Limitation on
Delegation.--'' before ``The Secretary
may not''; and
(ii) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and
(E) in each of such subsections (a) and
(b), by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively.
(4) Amendments to new 3763.--Section 3763 of such
title, as so transferred and redesignated by paragraph
(2), is amended by striking ``section 2324(l)'' in
subsection (b) and inserting ``section 3741''.
SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA.
(a) New Chapter.--
(1) In general.--Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), is amended by striking
chapter 275 and inserting the following:
``CHAPTER 275--PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA
``Subchapter Sec.
``I. Rights in Technical Data..................................... 3771
``II. Validation of Proprietary Data Restrictions................. 3781
``III. Other Provisions Relating to Proprietary Contractor Data
and Rights in Technical Data........................ 3791
``SUBCHAPTER I--RIGHTS IN TECHNICAL DATA
``Sec.
``3771. Rights in technical data: regulations.
``3772. Rights in technical data: provisions required in contracts.
``3773. Domestic business concerns: programs for replenishment parts.
``3774. Major weapon systems and subsystems: long-term technical data
needs.
``3775. Definitions.
``Sec. 3771. Rights in technical data: regulations
``Sec. 3772. Rights in technical data: provisions required in contracts
``Sec. 3773. Domestic business concerns: programs for replenishment
parts
``Sec. 3774. Major weapon systems and subsystems: long-term technical
data needs
``Sec. 3775. Definitions''.
(2) Tables of chapters amendments.--The tables of
chapters at the beginning of subtitle A, and at the
beginning of part V of subtitle A, of title 10, United
States Code, are amended by striking the item relating
to chapter 275 and inserting the following new item:
``275. Proprietary Contractor Data and Rights in Technical Data..3771''.
(b) Transfer of Subsection (a) of Section 2320.--
(1) Transfer.--Subsection (a) of section 2320 of
title 10, United States Code, is transferred to section
3771 of such title, as added by subsection (a),
inserted after the section heading, and amended by
redesignating paragraphs (2) and (3) as subsections (b)
and (c), respectively.
(2) Internal redesignations and insertion of
headings in new 3771(a).--Subsection (a) of such
section, as so transferred and amended, is amended--
(A) by striking ``(1) The Secretary of''
and inserting ``Regulations Required.--
``(1) In general.--The Secretary of''; and
(B) by designating the third sentence as
paragraph (2) and in that paragraph--
(i) by striking ``Such regulations
may not'' and inserting ``Other rights
not impaired.--Regulations prescribed
under paragraph (1) may not'';
(ii) by striking ``impair any right
of the'' and inserting ``impair--
``(A) any right of the''; and
(iii) by striking ``by law'' and
all that follows through ``the right of
a contractor'' and inserting ``by law;
or
``(B) the right of a contractor''.
(3) Internal redesignations and insertion of
headings in new 3771(b).--Subsection (b) of such
section, as so transferred and redesignated, is
amended--
(A) by striking ``Such regulations'' and
inserting ``Required Provisions.--Regulations
prescribed under subsection (a)'';
(B) by redesignating subparagraphs (A)
through (I) as paragraphs (1) through (9),
respectively;
(C) in paragraph (1), as so redesignated,
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(D) in paragraph (2), as so redesignated,
by striking ``subparagraphs (C), (D), and (G)''
and inserting ``paragraphs (3), (4), and (7)'';
(E) in paragraph (3), as so redesignated--
(i) by striking ``subparagraph
(b).--Subparagraph (B) does not'' and
inserting ``paragraph (2).--Paragraph
(2) does not''; and
(ii) by redesignating clauses (i),
(ii), (iii), and (iv) as subparagraphs
(A), (B), (C), and (D), respectively;
(F) in paragraph (4), as so redesignated--
(i) by striking ``subparagraph
(b).--Notwithstanding subparagraph
(B)'' and inserting ``paragraph(2).--
Notwithstanding paragraph (2)'';
(ii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively; and
(iii) in subparagraph (A), as so
redesignated, by redesignating
subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii),
respectively;
(G) in paragraph (5), as so redesignated--
(i) by striking ``Mixed funding.--
Except as provided in subparagraphs (F)
and (G),'' and inserting ``Mixed
funding.--
``(A) In general.--Except as provided in
paragraphs (6) and (7),''; and
(ii) by designating the second
sentence as subparagraph (B),
realigning that subparagraph 2 ems to
the right, and inserting ``Factors to
be considered.--'' before ``The
establishment of'';
(H) in paragraph (6), as so redesignated,
by striking ``subparagraph (E)'' and inserting
``paragraph (5)'';
(I) in paragraph (7), as so redesignated--
(i) by striking ``Mixed funding.--
Notwithstanding subparagraphs (B) and
(E)'' and inserting ``Mixed funding.--
``(A) Notwithstanding paragraphs (2) and
(5)'';
(ii) by striking ``section 2446a''
and inserting ``section 4401''; and
(iii) by designating the second and
third sentences as subparagraphs (B)
and (C), respectively;
(J) in paragraph (8), as so redesignated--
(i) by inserting ``Limitations on
requirements related to contractor or
subcontractor rights in technical
data.--'' before ``A contractor or
subcontractor'';
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively;
(iii) in subparagraph (A), as so
redesignated, by redesignating
subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii),
respectively;
(iv) in clause (i), as so
redesignated, by striking
``subparagraph (A)'' and inserting
``paragraph (1)'';
(v) in clause (ii), as so
redesignated, by striking
``subparagraph (C)'' and inserting
``paragraph (3)'';
(vi) in clause (iii), as so
redesignated, by striking
``subparagraph (D)'' and inserting
``paragraph (4)''; and
(vii) in subparagraph (B), as so
redesignated, by striking
``subparagraph (B)'' and inserting
``paragraph (2)''; and
(K) in paragraph (9), as so redesignated--
(i) by inserting ``Actions
authorized if necessary to develop
alternative sources of supply and
manufacture.--'' before ``The Secretary
of Defense'';
(ii) by redesignating clauses (i),
(ii), and (ii) as subparagraphs (A),
(B), and (C), respectively;
(iii) in subparagraph (A), as so
redesignated, by striking
``subparagraph (C) or (D)'' and
inserting ``paragraph (3) or (4)''; and
(iv) in subparagraph (B), as so
redesignated, by striking ``this
section'' and inserting ``this
subchapter''.
(4) Internal redesignations and insertion of
headings in new 3771(c).--Subsection (c) of such
section, as so transferred and redesignated, is
amended--
(A) by inserting ``Secretary of Defense to
Define Terms.--'' before ``The Secretary of'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by striking ``the Secretary shall
specify'' and inserting ``the Secretary--
``(1) shall specify'';
(D) by striking ``treated and shall
specify'' and inserting ``treated; and
``(2) shall specify''; and
(E) by striking ``this paragraph'' and
inserting ``this subsection''.
(c) Transfer of Subsections (b) and (c) of Section 2320.--
(1) Transfer.--Subsections (b) and (c) of section
2320 of title 10, United States Code, are transferred
to section 3772 of such title, as added by subsection
(a), inserted after the section heading, and
redesignated as subsections (a) and (b), respectively.
(2) Internal redesignations and insertion of
headings in new 3772(a).--Subsection (a) of such
section, as so transferred and redesignated, is
amended--
(A) by inserting ``Contract Provisions
Relating to Technical Data.--'' before
``Regulations prescribed under'';
(B) by striking ``subsection (a)'' and
inserting ``section 3771 of this title'';
(C) by striking ``section 2303'' and
inserting ``section 3063'';
(D) in paragraph (1), by striking ``section
2321(f)'' and inserting ``section 3784'';
(E) in paragraph (6)--
(i) by striking ``the contractor to
revise'' and inserting ``the
contractor--
``(A) to revise''; and
(ii) by striking ``the contract and
to deliver'' and inserting ``the
contract; and
``(B) to deliver'';
(F) in paragraph (7)--
(i) by striking ``is found to be''
and inserting ``is found--
``(A) to be''; and
(ii) by striking ``or inadequate or
to not'' and inserting ``or inadequate;
or
``(B) to not'';
(G) in paragraph (9)(B)(ii), by striking
``subparagraphs (D)(i)(II), (F), and (G) of
subsection (a)(2)'' and inserting ``paragraphs
(4)(A)(ii), (6), and (7) of section 3771(b) of
this title''; and
(H) in paragraph (10), by striking
``section 2321(d)'' and inserting ``section
3782''.
(3) Internal redesignations in new 3772(b).--
Subsection (b) of such section, as so transferred and
redesignated, is amended--
(A) by striking ``in this section or in
section 2305(a)'' and inserting ``in this
subchapter or in section 3208''; and
(B) in paragraph (2), by striking
``subsection (a)'' and inserting ``section 3771
of this title''.
(d) Transfer of Subsection (d) of Section 2320.--Subsection
(d) of section 2320 of title 10, United States Code, is
transferred to section 3773 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation; and
(2) by striking ``this subsection'' and inserting
``this section''.
(e) Transfer of Subsection (e) and (f) of Section 2320.--
(1) Transfer.--Subsections (e) and (f) of section
2320 of title 10, United States Code, are transferred
to section 3774 of such title, as added by subsection
(a), inserted after the section heading, and redesigned
as subsections (a) and (c), respectively.
(2) Designation of new 3774(b).--The third sentence
of subsection (a) of such section, as so transferred
and redesignated, is designated as subsection (b).
(3) Amendments to new 3774(a).--Subsection (a) of
such section, as so amended, is further amended--
(A) by striking ``The Secretary of Defense
shall require'' and inserting ``Assessments and
Acquisitions Strategies.--
``(1) The Secretary of Defense shall require'';
(B) by designating the second sentence as
paragraph (2);
(C) in paragraph (1), as designated by
subparagraph (A)--
(i) by striking ``to assess the
long-term'' and inserting ``to--
``(A) assess the long-term''; and
(ii) by striking ``systems and
subsystems and establish'' and
inserting ``systems and subsystems; and
``(B) establish''; and
(D) in paragraph (2), as designated by
subparagraph (B)--
(i) by striking ``may include the
development'' and inserting ``may
include--
``(A) the development''; and
(ii) by striking ``Department of
Defense or competition for'' and
inserting ``Department of Defense; or
``(B) competition for''.
(4) Amendments to new 3774(b).--Subsection (b) of
such section, as designated by paragraph (2), is
amended--
(A) by inserting ``Requirements Relating to
Assessments and Acquisition Strategies.--''
before ``Assessments and corresponding''; and
(B) by striking ``developed under'' and all
that follows through ``with respect to'' and
inserting ``developed under subsection (a) with
respect to''.
(5) Amendments to new 3774(c).--Subsection (c) of
such section, as redesignated by paragraph (1), is
amended--
(A) by striking ``Licenses.--The
Secretary'' and inserting ``Licenses.--
``(1) The Secretary'';
(B) by designating the second sentence as
paragraph (2); and
(C) in paragraph (2), as so designated, by
striking ``subsection (e)'' and inserting
``subsection (a)''.
(f) Transfer of Subsection (g) and (h) of Section 2320.--
(1) Transfer.--Subsections (g) and (h) of section
2320 of title 10, United States Code, are transferred
to section 3775 of such title, as added by subsection
(a), inserted after the section heading, and redesigned
as subsections (a) and (b), respectively.
(2) Conforming amendments.--
(A) Such subsections (a) and (b), as so
transferred and redesignated, are each amended
by striking ``In this section,'' and inserting
``In this subchapter,''.
(B) Such subsection (b) is amended by
striking ``section 2446a'' and inserting
``section 4401''.
(g) New Subchapter.--Chapter 275 of title 10, United States
Code, as added by subsection (a), is amended by adding at the
end the following new subchapter:
``SUBCHAPTER II--VALIDATION OF PROPRIETARY DATA RESTRICTIONS
``Sec.
``3781. Technical data: contractor justification for restrictions;
review of restrictions.
``3782. Technical data: challenges to contractor restrictions.
``3783. Technical data: time for contractors to submit justifications.
``3784. Technical data under contracts for commercial items: presumption
of development exclusively at private expense.
``3785. Technical data: decision by contracting officer; claims; rights
and liability upon final disposition.
``3786. Use or release restriction: definition.
``Sec. 3781. Technical data: contractor justification for restrictions;
review of restrictions
``Sec. 3782. Technical data: challenges to contractor restrictions
``Sec. 3783. Technical data: time for contractors to submit
justifications
``Sec. 3784. Technical data under contracts for commercial items:
presumption of development exclusively at private
expense
``Sec. 3785. Technical data: decision by contracting officer; claims;
rights and liability upon final disposition
``Sec. 3786. Use or release restriction: definition''.
(h) Transfer of Subsections (a), (b), and (c) of Section
2321.--
(1) Transfer.--Subsections (a), (b), and (c) of
section 2321 of title 10, United States Code, are
transferred to section 3781 of such title, as added by
subsection (g), and inserted after the section heading.
(2) Conforming amendments to new 3781(a).--
Subsection (a) of such section, as so transferred, is
amended by striking ``Contracts Covered by Section.--
This section'' and inserting ``Contracts Covered by
Subchapter.--This subchapter''.
(3) Conforming amendments to new 3781(b).--
Subsection (b) of such section, as so transferred, is
amended--
(A) by striking ``this section'' and
inserting ``this subchapter''; and
(B) by striking ``(as defined'' and all
that follows through ``asserted'' and inserting
``(as defined in section 3786 of this title)
asserted''.
(4) Conforming amendments to new 3781(c).--
Subsection (c) of such section, as so transferred, is
amended--
(A) by striking ``Restrictions.--(1) The
Secretary'' and inserting ``Restrictions.--
``(1) The Secretary'';
(B) in paragraph (1), by striking ``this
section'' and inserting ``this subchapter'';
and
(C) by realigning paragraph (2) 2 ems to
the right.
(i) Transfer of Subsection (d) of Section 2321.--
(1) Transfer.--Subsection (d) of section 2321 of
title 10, United States Code, is transferred to section
3782 of such title, as added by subsection (g),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (b), (c), and
(d), respectively.
(2) Conforming amendments to new 3782(a).--
Subsection (a) of such section 3782, as so transferred
and redesignated, is amended--
(A) by inserting ``Challenges by Secretary
of Defense.--'' before ``The Secretary of
Defense'';
(B) by striking ``this section'' and
inserting ``this subchapter''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(3) Conforming amendments to new 3782(b).--
Subsection (b) of such section 3782, as so transferred
and redesignated, is amended--
(A) by striking ``(A) A challenge'' and
inserting ``Time Limit for Challenges;
Exceptions.--
``(1) A challenge'';
(B) by redesignating subparagraph (B) as
paragraph (2) and realigning that paragraph 2
ems to the right;
(C) in paragraph (1), as designated by
subparagraph (A)--
(i) by striking ``paragraph (1)''
and inserting ``subsection (a)'';
(ii) by striking ``subparagraph
(B)'' and inserting ``paragraph (2)'';
and
(iii) by redesignating clauses (i),
(ii), (iii), and (iv) as subparagraphs
(A), (B), (C), and (D), respectively;
and
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)'';
and
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively.
(4) Conforming amendments to new 3782(c).--
Subsection (c) of such section 3782, as so transferred
and redesignated, is amended--
(A) by inserting ``Written Notice to
Contractor or Subcontractor.--'' before ``If
the Secretary'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3),
respectively; and
(D) in paragraph (3), as so redesignated,
by striking ``paragraph (4)'' and inserting
``subsection (d)''.
(5) Conforming amendments to new 3782(d).--
Subsection (d) of such section 3782, as so transferred
and redesignated, is amended--
(A) by inserting ``Justification.--''
before ``It is a justification'';
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and
(D) in paragraph (1), as so redesignated,
by striking ``this subsection'' and inserting
``this section''.
(j) Transfer of Subsection (e) of Section 2321.--
(1) Transfer.--Subsection (e) of section 2321 of
title 10, United States Code, is transferred to section
3783 of such title, as added by subsection (g),
inserted after the section heading, and amended by
striking the subsection designation and subsection
heading.
(2) Designation of new subsections (a) and (b).--
Such section, as so transferred and amended, is further
amended--
(A) by designating the first sentence as
subsection (a) and inserting ``Additional Time
to Submit Justifications.--'' before ``If a
contractor''; and
(B) by designating the second sentence as
subsection (b) and inserting ``Multiple
Challenges; Schedule of Responses.--'' before
``If a party''.
(k) Transfer of Subsection (f) of Section 2321.--Subsection
(f) of section 2321 of title 10, United States Code, is
transferred to section 3784 of such title, as added by
subsection (g), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``subsection (d)(3)'' and inserting
``section 3782(c) of this title''.
(l) Transfer of Subsections (g), (h), and (i) of Section
2321.--
(1) Transfer.--Subsections (g), (h), and (i) of
section 2321 of title 10, United States Code, are
transferred to section 3785 of such title, as added by
subsection (g), inserted after the section heading, and
redesignated as subsections (a), (b), and (c),
respectively.
(2) Conforming amendments to new 3785(a).--
Subsection (a) of such section, as so transferred and
redesignated, is amended--
(A) by striking ``subsection (d)(3)'' both
places it appears and inserting ``section
3782(c) of this title'';
(B) by striking ``Officer.--(1) Upon
failure'' and inserting ``Officer.--
``(1) Upon failure''; and
(C) by realigning paragraph (2) 2 ems to
the right.
(3) Conforming amendments to new 3785(c).--
Subsection (c) of such section 3786, as so transferred
and redesignated, is amended--
(A) by striking ``Disposition.--(1) If,
upon final'' and inserting ``Disposition.--
``(1) If, upon final''; and
(B) by realigning paragraph (2) 2 ems to
the right.
(m) Transfer of Subsection (j) of Section 2321.--Subsection
(j) of section 2321 of title 10, United States Code, is
transferred to section 3786 of such title, as added by
subsection (g), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``In this section'' and inserting
``In this subchapter''.
(n) New Subchapter.--Chapter 275 of title 10, United States
Code, as added by subsection (a), is amended by adding after
subchapter II, as added by subsections (g), the following new
subchapter:
``SUBCHAPTER III--OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR
DATA AND RIGHTS IN TECHNICAL DATA
``Sec.
``3791. Management of intellectual property matters within the
Department of Defense.
``3792. Technical data rights: non-FAR agreements.
``3793. Copyrights, patents, designs, etc.; acquisition.
``3794. Release of technical data under Freedom of Information Act:
recovery of costs.
``Sec. 3791. Management of intellectual property matters within the
department of defense
``(b) Cadre of Intellectual Property Experts.--For a
provision requiring establishment of a cadre of personnel who
are experts in intellectual property matters, see section 1707
of this title.''.
(o) Transfers.--
(1) Transfer of section 2322(a).--Subsection (a) of
section 2322 of title 10, United States Code, is
transferred to section 3791 of such title, as added by
subsection (n), and inserted after the section heading.
(2) Transfer of sections 2386 and 2328.--Section
2386 and 2328 of such title are transferred to
subchapter III of chapter 275 of such title, as added
by subsection (n), inserted (in that order) after
section 3791, and redesignated as section 3793 and
3794, respectively.
(p) Cross Reference Amendments.--Section 8687(a) of title
10, United States Code, is amended by striking ``section 2320''
each place it appears and inserting ``subchapter I of chapter
275''.
SEC. 1834. CONTRACT FINANCING.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 277 and inserting
the following:
``CHAPTER 277--CONTRACT FINANCING
``Sec.
``3801. Authority of agency.
``3802. Payment.
``3803. Security for advance payments.
``3804. Conditions for progress payments.
``3805. Payments for commercial products and commercial services.
``3806. Action in case of fraud.
``3807. Vesting of title in the United States.
``Sec. 3801. Authority of agency
``Sec. 3802. Payment
``Sec. 3803. Security for advance payments
``Sec. 3804. Conditions for progress payments
``Sec. 3805. Payments for commercial products and commercial services
``Sec. 3806. Action in case of fraud
``Sec. 3807. Vesting of title in the United States''.
(b) Transfer of Subsection (a) of Section 2307.--
(1) Transfer.--Subsection (a) of section 2307 of
title 10, United States Code, is transferred to section
3801 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking ``(1)'' before ``The head
of''; and
(B) by redesignating paragraph (2) as
subsection (b).
(2) Conforming amendments to new 3801(a).--Such
subsection (a), as so transferred and amended, is
further amended by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(3) Conforming amendments to new 3801(b).--
Subsection (b) of such section 3801, as redesignated by
paragraph (1)(B), is amended--
(A) by striking ``(A) For a prime'' and
inserting ``Payment Dates for Contractors That
Are Small Business Concerns.--
``(1) Prime contractors.--For a prime'';
(B) by redesignating subparagraph (B) as
paragraph (2); and
(C) in paragraph (2), as so redesignated--
(i) by inserting
``Subcontractors.--'' before ``For a
prime''; and
(ii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively.
(c) Transfer of Subsections (b) and (c) of Section 2307.--
(1) Transfer.--Subsections (b) and (c) of section
2307 of title 10, United States Code, are transferred
to section 3802 of such title, as added by subsection
(a), inserted after the section heading, and
redesignated as subsections (a) and (d), respectively.
(2) Further internal redesignation amendments to
new 3802.--Such section 3802, as so amended, is further
amended
(A) in subsection (a), by striking ``(1)''
before ``Whenever possible'';
(B) by redesignating paragraph (2) of
subsection (a) as subsection (b);
(C) by transferring paragraph (3) of such
subsection to the end of the section and
redesignating such paragraph as subsection (e);
(D) by redesignating paragraph (4) of
subsection (a) as subsection (c); and
(E) by redesignating subparagraphs (A),
(B), and (C) of subsection (a) as paragraphs
(1), (2), and (3), respectively.
(3) Conforming amendment to new 3802(a).--
Subsection (a) of such section is further amended by
striking ``subsection (a)'' and inserting ``section
3801 of this title''.
(4) Conforming amendments to new 3802(b).--
Subsection (b) of such section, as so redesignated, is
amended--
(A) by inserting ``Basis for performance-
based payments.--'' before ``Performance-based
payments''; and
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''.
(5) Conforming amendments to new 3802(c).--
Subsection (c) of such section, as so redesignated, is
amended--
(A) by striking ``(A) In order to'' and
inserting ``Contractor Accounting Systems.--
``(1) In order to''; and
(B) by redesignating subparagraph (B) as
paragraph (2), realigning that paragraph 2 ems
to the right, and striking ``this section''
therein and inserting ``this chapter''.
(6) Conforming amendment to new 3802(d).--
Subsection (d) of such section, as redesignated by
paragraph (1), is amended by striking ``subsection
(a)'' and inserting ``section 3801 of this title''.
(7) Conforming amendment to new 3802(e).--
Subsection (e) of such section, as transferred and
redesignated by paragraph (2)(C), is amended by
inserting ``Eligibility of Nontraditional Defense
Contractors.--'' before ``The Secretary of''.
(d) Transfer of Subsection (d) of Section 2307.--Subsection
(d) of section 2307 of title 10, United States Code, is
transferred to section 3803 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``subsection (a)'' and inserting
``section 3801 of this title''.
(e) Transfer of Subsection (e) of Section 2307.--
(1) Transfer.--Subsection (e) of section 2307 of
title 10, United States Code, is transferred to section
3804 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c),
respectively.
(2) Conforming amendment to new 3804(a).--
Subsection (a) of such section 3804, as so transferred
and redesignated, is amended by inserting ``Payment
Commensurate With Work.--'' before ``The Secretary of
Defense''.
(3) Conforming amendments to new 3804(b).--
Subsection (b) of such section 3804, as so transferred
and redesignated, is amended--
(A) by inserting ``Limitation.--'' before
``The Secretary''; and
(B) by striking ``paragraph (1)'' and
inserting ``subsection (a)''.
(4) Conforming amendments to new 3804(c).--
Subsection (c) of such section 3804, as so transferred
and redesignated, is amended--
(A) by inserting ``Applicability.--''
before ``This''; and
(B) by striking ``subsection'' and
inserting ``section''.
(f) Transfer of Subsection (f) of Section 2307.--
(1) Transfer.--Subsection (f) of section 2307 of
title 10, United States Code, is transferred to section
3805 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation
and subsection heading; and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (c), and (d),
respectively.
(2) Further internal redesignation amendments to
new 3805.--Such section 3805, as so amended, is further
amended by designating the second sentence of
subsection (a) as subsection (b).
(4) Conforming amendments to new 3805(a).--
Subsection (a) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``Terms and Conditions for
Payments.--'' before ``Payments under''; and
(B) by striking ``subsection (a)'' and
inserting ``section 3801 of this title''.
(4) Conforming amendment to new 3805(b).--
Subsection (b) of such section, as designated by
paragraph (2), is amended by inserting ``Security for
Payments.--'' before ``The head of the agency''.
(5) Conforming amendments to new 3805(c).--
Subsection (c) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``Limitation on Advance
Payments.--'' before ``Advance payments''; and
(B) by striking ``subsection (a)'' and
inserting ``section 3801 of this title''.
(6) Conforming amendments to new 3805(d).--
Subsection (d) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``Nonapplication of
Certain Conditions.--'' before ``The conditions
of'';
(B) by striking ``subsections (d) and (e)''
and inserting ``sections 3803 and 3804 of this
title''; and
(C) by striking ``paragraphs (1) and (2)''
and inserting ``this section''.
(g) Transfer of Subsection (i) of Section 2307.--
(1) Transfer.--Subsection (i) of section 2307 of
title 10, United States Code, is transferred to section
3806 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation and subsection
heading.
(2) Further internal redesignation amendments to
new 3806.--Such section 3806, as so amended, is further
amended--
(A) by redesignating paragraphs (1) through
(9) as subsections (b) through (j),
respectively; and
(B) by transferring paragraph (10) to the
beginning of such section so as to appear
before subsection (b), as redesignated by
subparagraph (A), and redesignating that
paragraph as subsection (a).
(3) Conforming amendments to new 3806(a).--
Subsection (a) of such section, as transferred and
redesignated by paragraph (2)(B), is amended--
(A) by inserting ``Remedy Coordination
Official Defined.--'' before ``In this''; and
(B) by striking ``this subsection'' and
inserting ``this section''.
(4) Conforming amendment to new 3806(b).--
Subsection (b) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended
by inserting ``Recommendation to Reduce or Suspend
Payments.--'' before ``In any case''.
(5) Conforming amendments to new 3806(c).--
Subsection (c) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Reduction or Suspension
of Payments.--'' before ``The head of''; and
(B) by striking ``paragraph (1)'' and
inserting ``subsection (b)''.
(6) Conforming amendments to new 3806(d).--
Subsection (d) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Extent of Reduction or
Suspension.--'' before ``The extent of''; and
(B) by striking ``paragraph (2)'' and
inserting ``subsection (c)''.
(7) Conforming amendments to new 3806(e).--
Subsection (e) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Written Justification.--
'' before ``A written''; and
(B) by striking ``paragraph (2)'' and
inserting ``subsection (c)''.
(8) Conforming amendments to new 3806(f).--
Subsection (f) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Notice.--'' before ``The
head of an agency shall''; and
(B) by striking ``paragraph (2)'' and
inserting ``subsection (c)''.
(9) Conforming amendments to new 3806(g).--
Subsection (g) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Review.--'' before ``Not
later than'';
(B) by striking ``paragraph (2)'' and
inserting ``subsection (c)''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(10) Conforming amendments to new 3806(h).--
Subsection (h) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), is amended--
(A) by inserting ``Annual Report.--''
before ``The head of''; and
(B) by striking ``paragraph (2)'' and
inserting ``subsection (c)''.
(11) Reordering and redesignation for title 41
consistency.--Subsections (i) and (j) of such section,
as transferred and redesignated by paragraphs (1) and
(2)(A), are reversed in order and are redesignated
accordingly.
(12) Conforming amendments to new 3806(i).--
Subsection (i) of such section, as transferred and
redesignated by paragraphs (1), (2)(A), and (11), is
amended--
(A) by inserting ``Restriction on
Delegation.--'' before ``The head of''; and
(B) by striking ``this subsection'' and
inserting ``this section''.
(13) Conforming amendments to new 3806(j).--
Subsection (j) of such section, as transferred and
redesignated by paragraphs (1), (2)(A), and (11), is
amended--
(A) by inserting ``Inapplicability to Coast
Guard.--'' before ``This'';
(B) by striking ``subsection applies'' and
inserting ``section applies''; and
(C) by striking ``section 2303(a)'' and
inserting ``section 3063''.
(h) Transfer of Subsection (h) of Section 2307.--Subsection
(h) of section 2307 of title 10, United States Code, is
transferred to section 3807 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``subsection (a)(1)'' and inserting
``section 3801(1) of this title''.
SEC. 1835. CONTRACTOR AUDITS AND ACCOUNTING.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 279 and inserting
the following:
``CHAPTER 279--CONTRACTOR AUDITS AND ACCOUNTING
``Sec.
``3841. Examination of records of contractor.
``3842. Performance of incurred cost audits.
``3843. Contractor internal audit reports: Department of Defense access
to, use of, and safeguards and protections for.
``3844. Contractor business systems.
``3845. Contractor inventory accounting systems: standards.
``3846. Defense Contract Audit Agency: legal resources and expertise.
``3847. Defense Contract Audit Agency: annual report.
``3848. Defense audit agencies: Small Business Ombudsmen.
``Sec. 3841. Examination of records of contractor''.
(b) Transfer of Section 2313.--
(1) Transfer of subsections (a) through (h).--
Subsections (a) through (h) of section 2313 of title
10, United States Code, are transferred to section 3841
of such title, as added by subsection (a), inserted
after the section heading, and redesignated as
subsections (b) through (i), respectively.
(2) Transfer of subsection (i).--Subsection (i) of
section 2313 of such title is transferred to section
3841 of such title, as amended by paragraph (1),
inserted before subsection (b), as transferred and
redesignated by paragraph (1), and redesignated as
subsection (a).
(3) Conforming amendments to new 3841(b).--
Subsection (b) of such section 3841, as redesignated by
paragraph (1), is amended--
(A) by striking ``Agency Authority.--(1)
The head of'' and inserting ``Agency
Authority.--
``(1) The head of'';
(B) in paragraph (1)(A), by striking ``made
by that agency under this chapter'' and
inserting ``made by that agency under a chapter
137 legacy provision'';
(C) by realigning paragraph (2) 2 ems to
the right; and
(D) in paragraph (2), by striking ``section
2306a'' and inserting ``chapter 271''.
(4) Conforming amendments to new 3841(c).--
Subsection (c) of such section 3841, as redesignated by
paragraph (1), is amended--
(A) by striking ``Authority.--(1) The
Director of'' and inserting ``Authority.--
``(1) Authority to require the production of
records.--The Director of'';
(B) in paragraph (1), by striking
``subsection (a)'' and inserting ``subsection
(b)'';
(C) by realigning paragraphs (2) and (3) 2
ems to the right;
(D) in paragraph (2), by inserting
``Enforcement of subpoena.--'' before ``Any
such subpoena''; and
(E) in paragraph (3), by inserting
``Authority not delegable.--'' before ``The
authority provided by''.
(5) Conforming amendments to new 3841(d).--
Subsection (d) of such section 3841, as redesignated by
paragraph (1), is amended--
(A) by striking ``Authority.--(1) Except
as'' and inserting ``Authority.--
``(1) In general.--Except as'';
(B) by realigning paragraphs (2) and (3) 2
ems to the right;
(C) in paragraph (2), by inserting
``Exception for foreign contractor or
subcontractor.--'' before ``Paragraph (1) does
not apply''; and
(D) in paragraph (3), by inserting
``Additional records not required.--'' before
``Paragraph (1) may not''.
(6) Conforming amendments to new 3841(f).--
Subsection (f) of such section 3841, as redesignated by
paragraph (1), is amended--
(A) by striking ``subsection (a)'' and
inserting ``subsection (b)''; and
(B) by striking ``subsection (c)'' and
inserting ``subsection (d)''.
(c) Transfer of Title 10 Sections.--Sections 2313b, 2410b,
2313a, and 204 of title 10, United States Code, are transferred
to chapter 279 of such title, as added by subsection (a),
inserted (in that order) after section 3841, as amended by
subsection (b), and redesignated as sections 3842, 3845, 3847,
and 3848, respectively.
(d) Amendments to Transferred Sections.--
(1) Section 3842 of such title, as so transferred
and redesignated, is amended by striking ``section
2313a'' in subsection (g)(5) and inserting ``section
3847''.
(2) Section 3845 of such title, as so transferred
and redesignated, is amended by striking ``(as defined
in section 103 of title 41)'' in subsection (c).
(3) Section 3847 of such title, as so transferred
and redesignated, is amended by striking ``section
2313b'' in subsection (d)(1) and inserting ``section
3842''.
(4) The heading of section 3848 of such title, as
so transferred and redesignated, is amended to read as
follows:
``Sec. 3848. Defense audit agencies: Small Business Ombudsmen''.
(e) Placeholder Sections.--Chapter 279 of such title, as
added and amended by this section, is further amended--
(1) by inserting after section 3842, as transferred
and redesignated by subsection (c), the following:
``Sec. 3843. Contractor internal audit reports: Department of Defense
access to, use of, and safeguards and protections
for
``[Reserved.]
``Sec. 3844. Contractor business systems
``[Reserved.]''; and
(2) by inserting after section 3845, as transferred
and redesignated by subsection (c), the following:
``Sec. 3846. Defense Contract Audit Agency: legal resources and
expertise
``[Reserved.]''.
SEC. 1836. CLAIMS AND DISPUTES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 281 and inserting
the following:
``CHAPTER 281--CLAIMS AND DISPUTES
``Sec.
``3861. Research and development contracts: indemnification provisions.
``3862. Requests for equitable adjustment or other relief:
certification.
``3863. Retention of amounts collected from contractor during the
pendency of contract dispute.''.
(b) Transfer of Sections.--Sections 2354, 2410, and 2410m
of title 10, United States Code, are transferred to chapter 281
of such title, as added by subsection (a), inserted (in that
order) after the table of sections, and redesignated as
sections 3861, 3862, and 3863, respectively.
(c) Heading Amendment.--The heading of section 3861 of
title 10, United States Code, as so transferred and
redesignated, is amended to read as follows:
``Sec. 3861. Research and development contracts: indemnification
provisions''.
SEC. 1837. FOREIGN ACQUISITIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 283 and inserting
the following:
``CHAPTER 283--FOREIGN ACQUISITIONS
``Subchapter Sec.
``I. General...................................................... 3881
``II. Prohibition on Contracting with the Enemy................... 3891
``SUBCHAPTER I--GENERAL
``Sec.
``3881. Contracts: consideration of national security objectives.''.
(b) Transfer of Section 2327.--
(1) Transfer.--Section 2327 of title 10, United
States Code, is transferred to chapter 283 of such
title, as added by subsection (a), inserted after the
table of sections at the beginning of subchapter I, and
redesignated as section 3881.
(2) Applicability of definitions.--Such section is
amended in subsection (f)(2) by striking ``This section
does not'' and inserting ``The provisions of section
3011 of this title apply in this section, except that
this section does not''.
(c) Future Codification of Sections 841-843 of Fy2015
Ndaa.--Chapter 283 of title 10, United States Code, is further
amended by adding at the end the following:
``Subchapter II--Prohibition on Contracting With the Enemy
``Sec.
``3891. [Reserved].
``3892. [Reserved].
``3893. [Reserved].''.
SEC. 1838. SOCIOECONOMIC PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 287 and inserting
the following:
``CHAPTER 287--SOCIOECONOMIC PROGRAMS
``Sec.
``3901. Contracts: prohibition on competition between Department of
Defense and small businesses.
``3902. Credit for Indian contracting in meeting certain subcontracting
goals for small disadvantaged businesses.
``3903. Subcontracting plans: credit for certain purchases.
``3904. Research and educational programs and activities: historically
black colleges and universities and minority-serving
institutions of higher education.
``3905. Products of Federal Prison Industries: procedural
requirements.''.
(b) Transfer of Sections.--Section 2304e, 2323a, 2410d,
2362, and 2410n of such title are transferred to chapter 285 of
such title, as added by subsection (a), inserted (in that
order) after the table of sections, and redesignated as section
3901, 3902, 3903, 3904, and 3905, respectively.
Subtitle E--Research and Engineering
SEC. 1841. RESEARCH AND ENGINEERING GENERALLY.
(a) Switching of Subparts E and F.--
(1) New subpart e.--Part V of subtitle A of title
10, United States Code, as added by section 801 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is amended--
(A) by striking subparts E and F; and
(B) by inserting after subpart D the
following new subpart E:
``Subpart E--Research and Engineering
``CHAPTER 301-- RESEARCH AND ENGINEERING GENERALLY
``Sec.
``4001. Research and development projects.
``4002. Research projects: transactions other than contracts and grants.
``4003. Authority of the Department of Defense to carry out certain
prototype projects.
``4004. Procurement for experimental purposes.
``4005. [Reserved].
``4006. [Reserved].
``4007. Science and technology programs to be conducted so as to foster
the transition of science and technology to higher levels of
research, development, test, and evaluation.
``4008. Merit-based award of grants for research and development.
``4009. Technology protection features activities.
``4010. [Reserved].
``4011. [Reserved].
``4012. [Reserved].
``4013. [Reserved].
``4014. Coordination and communication of defense research activities
and technology domain awareness.
``4015. Award of grants and contracts to colleges and universities:
requirement of competition.''.
(2) Tables of chapters.--The tables of chapters at
the beginning of subtitle A, and at the beginning of
part V of subtitle A, of title 10, United States Code,
are amended by striking the items relating to subparts
E and F and inserting the following:
``Subpart E--Research and Engineering
``301. Research and Engineering Generally
``303. Innovation
``305. Department of Defense Laboratories
``307. Research and Development Centers and Facilities
``309. Test and Evaluation''.
(b) Transfer of Title 10 Sections to New Chapter 301.--
(1) Transfers.--Sections 2358, 2371, 2371b and 2373
of title 10, United States Code, are transferred to
chapter 301 of such title, as added by subsection (a),
inserted (in that order) after the table of sections,
and redesignated as sections 4001, 4002, 4003, and
4004, respectively.
(2) Conforming cross-reference amendments.--
(A) Section 4001 of such title, as
transferred and redesignated by paragraph (1),
is amended--
(i) in subsection (b)(5), by
striking ``sections 2371 or 2371b'' and
inserting ``sections 4002 or 4003'';
(ii) in subsection (b)(6), by
striking ``section 2373'' and inserting
``sections 4004''; and
(iii) in subsection (d), by
striking ``sections 2371 and 2371a''
and inserting ``sections 4002 and
4143''.
(B) Section 4002 of such title, as so
transferred and redesignated, is amended by
striking ``section 2358'' each place it appears
and inserting ``section 4001''.
(C) Section 4003 of such title, as so
transferred and redesignated, is amended by
striking ``section 2371'' in subsections
(a)(1), (b)(1), and (c)(3)(A) and inserting
``section 4002''.
(c) Transfer of Additional Title 10 Sections to New
Chapter.--Sections 2359, 2374, 2357, and 2361 of title 10,
United States Code, are transferred to chapter 301 of such
title, as added by subsection (a), added (in that order) after
section 4004, as transferred and redesignated by subsection
(b), and redesignated as sections 4007, 4008, 4009, and 4015,
respectively.
(d) Transfer of Section 2364(a).--
(1) Transfer.--The heading and subsection (a) of
section 2364 of title 10, United States Code, are
transferred to chapter 301 of such title, as so
amended, inserted after section 4009, as transferred
and redesignated by subsection (c), and redesignated as
section 4014.
(2) Preservation of definition.--Section 4014, as
redesignated by paragraph (1), is amended by adding at
the end the following new subsection:
``(b) Defense Research Facility Defined.--In this section,
the term `Defense research facility' has the meaning given that
term by section 4142(b) of this title.''.
(e) Additional Conforming Cross-reference Amendments.--
(1) Sections 1746(d)(1) and 2165(f)(1) of title 10,
United States Code, are amended by striking ``section
2358'' and inserting ``section 4001''.
(2) Section 218(b)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2501 note) is amended by striking
``section 2371b'' and inserting ``section 4003''.
SEC. 1842. INNOVATION.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 301, as
added by the preceding section, the following new chapter:
``CHAPTER 303--INNOVATION
``Sec.
``4061. Defense Research and Development Rapid Innovation Program.
``4062. Defense Acquisition Challenge Program.
``4063. Extramural acquisition innovation and research activities.
``4064. Joint reserve detachment of the Defense Innovation Unit.
``4065. Prizes for advanced technology achievements.
``4066. Global Research Watch Program.''.
(b) Transfer of Title 10 Sections.--Sections 2359a, 2359b,
2361a, 2358b, 2374a, and 2365 of title 10, United States Code,
are transferred to chapter 303 of such title, as added by
subsection (a), inserted (in that order) after the table of
sections, and redesignated as sections 4061, 4062, 4063, 4064,
4065, and 4066, respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 1089(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 2374a note) is amended by striking
``section 2374a'' and inserting ``section 4065''.
(2) Section 905(a)(1) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2364 note) is amended by
striking ``section 2365'' and inserting ``section
4066''.
SEC. 1843. DEPARTMENT OF DEFENSE LABORATORIES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 303, as
added by the preceding section, the following new chapter:
``CHAPTER 305--DEPARTMENT OF DEFENSE LABORATORIES
``Subchapter Sec.
``I. General Matters.............................................. 4101
``II. Personnel-Related Matters................................... 4111
``SUBCHAPTER I--GENERAL MATTERS
``Sec.
``4101. [Reserved].
``4102. [Reserved].
``4103. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
``SUBCHAPTER II--PERSONNEL-RELATED MATTERS
``Sec.
``4111. Authorities for certain positions at science and technology
reinvention laboratories.
``4112. Research and development laboratories: contracts for services of
university students.''.
(b) Transfer of Title 10 Sections.--
(1) Transfer to subchapter i.--Section 2363 of
title 10, United States Code, is transferred to
subchapter I of chapter 305 of such title, as added by
subsection (a), inserted after the table of sections at
the beginning of such subchapter, and redesignated as
section 4103.
(2) Transfers to subchapter ii.--Sections 2358a and
2360 of title 10, United States Code, are transferred
to subchapter II of chapter 305 of such title, as added
by subsection (a), inserted (in that order) after the
table of sections at the beginning of such subchapter,
and redesignated as sections 4111 and 4112,
respectively.
(c) Conforming Cross-reference Amendment.--Section
2805(d)(1)(B) of title 10, United States Code, is amended by
striking ``section 2363(a)'' and inserting ``section 4103(a)''.
SEC. 1844. RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 305, as
added by the preceding section, the following new chapter:
``CHAPTER 307--RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
``Sec.
``4141. Contracts: acquisition, construction, or furnishing of test
facilities and equipment.
``4142. Functions of Defense research facilities.
``4143. Cooperative research and development agreements under Stevenson-
Wydler Technology Innovation Act of 1980.
``4144. Use of test and evaluation installations by commercial entities.
``4145. Cooperative agreements for reciprocal use of test facilities:
foreign countries and international organizations.
``4146. Centers for Science, Technology, and Engineering Partnership.
``4147. Use of federally funded research and development centers.''.
(b) Transfer of Title 10 Sections.--
(1) In general.--The sections of title 10, United
States Code, specified in the left-hand column of the
table below are transferred to chapter 307 of such
title, as added by subsection (a), inserted (in that
order), after the table of sections, and redesignated
as shown in the right-hand column:
----------------------------------------------------------------------------------------------------------------
Redesignated
Section Section
----------------------------------------------------------------------------------------------------------------
2353 4141
2371a 4143
2681 4144
2350l 4145
2368 4146
2367 4147
----------------------------------------------------------------------------------------------------------------
(2) Clerical amendments.--
(A) The table of sections at the beginning
of subchapter II of chapter 138 of title 10,
United States Code, is amended by striking the
item relating to section 2350l.
(B) The table of sections at the beginning
of chapter 159 of such title is amended by
striking the item relating to section 2681.
(c) Conforming Amendments to Transferred Section 4146.--
Section 4146 of such title, as transferred and redesignated by
subsection (b), is amended--
(1) in subsection (b)(3)(B)(ii), by striking
``2358, 2371, 2511, 2539b,'' and inserting ``4001,
4002, 4831, 4892,''; and
(2) in subsection (d)(2), by striking ``section
219'' and all that follows and inserting ``section 4103
of this title.''.
(d) Transfer of Section 2364(b) and (c).--
(1) Heading.--Chapter 307 of title 10, United
States Code, as amended by subsection (a), is further
amended by inserting after section 4141, as transferred
and redesignated by subsection (b), the following:
``Sec. 4142. Functions of Defense research facilities''.
(2) Text.--Subsections (b) and (c) of section 2364
of such title are transferred to chapter 307 of such
title, as so amended, inserted after the section
heading for section 4142 added by paragraph (1), and
redesignated as subsections (a) and (b), respectively.
(e) Conforming Cross-reference Amendments.--
(1) Section 114(b) of title 10, United States Code,
is amended by striking ``section 2353'' and inserting
``section 4141''.
(2) Section 1644(f)(2) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2224 note) is amended by
striking ``section 2368'' and inserting ``section
4146''.
SEC. 1845. TEST AND EVALUATION.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 307, as
added by the preceding section, the following new chapter:
``CHAPTER 309--TEST AND EVALUATION
``Sec.
``4171. Operational test and evaluation of defense acquisition programs.
``4172. Major systems and munitions programs: survivability testing and
lethality testing required before full-scale production.
``4173. Department of Defense Test Resource Management Center.''.
(b) Transfer of Title 10 Sections.--Sections 2399, 2366,
and 196 of title 10, United States Code, are transferred to
chapter 309 of such title, as amended by subsection (a),
inserted after the table of sections (in that order), and
redesignated as section 4171, 4172, and 4173, respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 139(b)(6) of title 10, United States
Code, is amended by striking ``section 2366'' and
inserting ``section 4172''.
(2) Section 171a(i)(3) of such title is amended by
striking ``section 2366(e)'' and inserting ``sections
4172(e)''.
(3) Section 2275(g)(3) of such title is amended by
striking ``section 2366(e)(7)'' and inserting
``sections 4172(e)(7)''.
(4) Section 130i(j)(3)(C)(ix) of such title is
amended by striking ``section 196(i)'' and inserting
``sections 4173(i)''.
(5) Section 4111 of such title, as transferred and
redesignated by section 503(b)(2), is amended by
striking ``section 196'' in subsection (f)(1) and
inserting ``section 4173''.
(6) Section 220(c) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 221 note) is amended by striking
``section 196(h)'' and inserting ``sections 4173(i)''.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
SEC. 1846. GENERAL MATTERS.
(a) Tables of Chapters Amendments Showing Chapter
Organization for Subpart F.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A (as added by section 801 of Public Law 115-232), of
title 10, United States Code, are amended by inserting before
the item for the heading for subpart G of part V the following:
``Subpart F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
``321. General Matters
``322. Major Systems and Major Defense Acquisition Programs Generally
``323. Life-Cycle And Sustainment
``324. Program Status--Selected Acquisition Reports
``325. Cost Growth--Unit Cost Reports (Nunn-McCurdy)
``327. Weapon Systems Development and Related Matters''.
(b) Designation of Revised Subpart F and Insertion of New
Chapter 321.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by inserting before subpart G the following
new subpart:
``Subpart F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
``CHAPTER 321--GENERAL MATTERS
``Sec.
``4201. Major defense acquisition programs: definition; exceptions.
``4202. Authority to increase definitional threshold amounts: major
defense acquisition programs; major systems.
``4203. Major subprograms.
``4204. Milestone decision authority.
``4205. Weapon systems for which procurement funding requested in
budget: development and procurement schedules.
``Sec. 4201. Major defense acquisition programs: definition; exceptions
``Sec. 4202. Authority to increase definitional threshold amounts:
major defense acquisition programs; major systems
``Sec. 4204. Milestone decision authority''.
(c) Transfer of Subsection (a) of Section 2430.--
(1) Headings and internal redesignations.--
Subsection (a) of section 2430 of title 10, United
States Code, is transferred to section 4201 of such
title, as added by subsection (b), inserted after the
section heading, and amended--
(A) by striking ``(1) Except as'' and
inserting ``Definition.--Except as'';
(B) by striking ``under paragraph (2)'' and
inserting ``under subsection (b)'';
(C) by striking ``in this chapter'' and
inserting ``in this part'';
(D) by redesignating paragraph (2) as
subsection (b) and striking ``In this chapter''
and inserting ``Exceptions.--In this part'';
and
(E) by redesignating subparagraphs (A) and
(B) of subsection (a) and of subsection (b), as
so redesignated, as paragraphs (1) and (2),
respectively.
(2) Revisions to new section 4201(a)(2).--
Subsection (a)(2) of such section 4201, as redesignated
and amended by paragraph (1), is amended--
(A) by striking ``to require an eventual''
and inserting ``to require--
``(A) an eventual''; and
(B) by striking ``or an eventual'' and
inserting ``; or
``(B) an eventual''.
(3) Revisions to new section 4201(b).--Subsection
(b) of such section 4201, as redesignated and amended
by paragraph (1)(D), is amended--
(A) by striking ``include--'' and inserting
``include the following:'';
(B) by striking ``an'' at the beginning of
paragraphs (1) and (2), as redesignated by
paragraph (1)(E) and inserting ``An''; and
(C) by striking ``; or'' at the end of
paragraph (1), as so redesignated, and
inserting a period.
(d) Transfer of Subsections (b) and (c) of Section 2430.--
(1) Transfer and internal redesignations.--
Subsections (b) and (c) of section 2430 of title 10,
United States Code, are transferred to section 4202 of
such title, as added by subsection (b), inserted after
the section heading, and amended--
(A) by redesignating subsection (b) as
subsection (a);
(B) by striking the second sentence of that
subsection; and
(C) by redesignating subsection (c) as
paragraph (2), realigning that paragraph 2 ems
to the right, and redesignating paragraphs (1),
(2), (3), and (4) therein as subparagraphs (A),
(B), (C), and (D), respectively.
(2) Subsection (a) of such section, as so
redesignated, is further amended--
(A) by striking ``The Secretary'' and
inserting ``Adjustments to Thresholds for Major
Defense Acquisition Programs.--
``(1) Authority.--The Secretary'';
(B) by striking ``in subsection (a)(1)(B)''
and inserting ``in section 4201(a)(2) of this
title'';
(C) in paragraph (2), as redesignated by
paragraph (1)(C)--
(i) by inserting ``Matters to be
considered.--'' before ``For purposes
of'';
(ii) by striking ``subsection
(a)(1)(B)'' and inserting ``section
4201(a)(2) of this title'';
(iii) in subparagraph (B), as
redesignated by paragraph (1)(C), by
striking ``section 2366a(a)(6)'' and
inserting ``section 4251(a)(6)'';
(iv) in subparagraph (C), as so
redesignated, by striking ``section
2366b(a)(1)(C)'' and inserting
``section 4252(a)(1)(C)''; and
(v) in subparagraph (D), as so
redesignated, by striking ``section
2435'' and inserting ``section 4214''.
(e) Transfer of Subsection (c) of Section 2302d.--
(1) Transfer and internal redesignations.--
Subsection (c) of section 2302d of title 10, United
States Code, is transferred to section 4202 of such
title, as added by subsection (b), inserted after
subsection (a) of that section, as transferred and
amended by subsection (d), and amended--
(A) by redesignating such subsection as
subsection (b); and
(B) by redesignating paragraph (3) thereof
as subsection (c).
(2) Amendments to new 4202(b).--Subsection (b) of
section 4202 of such title, as so transferred and
redesignated, is amended--
(A) by striking ``Adjustment authority.--
(1) The Secretary'' and inserting ``Adjustment
Authority for Major Systems.--
``(1) Authority.--The Secretary'';
(B) by striking ``subsection (a)'' and
inserting ``section 3041(c)(1) of this title'';
and
(C) by realigning paragraph (2) 2 ems from
the left margin and inserting ``Rounding.--''
in that paragraph after ``(2)''.
(3) Amendments to new 4202(c).--Subsection (c) of
section 4202 of such title, as redesignated by
paragraph (1), is amended--
(A) by inserting ``Notification to
Congressional Committees.--'' before ``An
adjustment''; and
(B) by striking ``under this subsection''
and inserting ``under subsection (a) or (b)''.
(f) Transfer of Subsection (d) of Section 2430.--
(1) Transfer and internal redesignations.--
Subsection (d) of section 2430 of title 10, United
States Code, is transferred to section 4204 of such
title, as added by subsection (b), inserted after the
section heading, and amended by striking the subsection
designation and redesignating paragraphs (1), (2), (3),
(4), and (5) as subsections (a), (b), (c), (d), and
(f), respectively.
(2) Amendments to new section 4204(a).--Subsection
(a) of such section 4204, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Service Acquisition
Executive.--'' before ``The milestone''; and
(B) by striking ``under paragraph (2)'' and
inserting ``under subsection (b)''.
(3) Amendments to new section 4204(b).--Subsection
(b) of such section 4204, as redesignated by paragraph
(1), is amended--
(A) by inserting ``Designation of Alternate
Milestone Decision Authority.--'' before ``The
Secretary'';
(B) by striking ``to which--'' and
inserting ``to which any of the following
applies:'';
(C) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5),
respectively;
(D) in paragraph (1), as so redesignated,
by striking ``subject to paragraph (5)'' and
inserting ``Subject to subsection (f)'';
(E) in paragraph (3), as so redesignated,
by striking ``section 2433'' and inserting
``sections 4371 through 4375'';
(F) by striking ``the'' at the beginning of
paragraphs (2), (3), (4), and (5), as so
redesignated, and inserting ``The'';
(G) by striking the semicolon at the end of
paragraphs (1), (2), and (3), as so
redesignated, and inserting a period; and
(H) by striking ``; or'' at the end of
paragraph (4), as so redesignated, and
inserting a period.
(4) Amendments to new section 4204(c).--Subsection
(c) of section 4204 of such title, as so redesignated,
is amended--
(A) by striking ``(A) After designating''
and inserting ``Reversion to Service
Acquisition Executive.--
``(1) After designating'';
(B) by striking ``under paragraph (2)'' and
inserting ``under subsection (b)''; and
(C) by redesignating subparagraph (B) as
paragraph (2), realigning that paragraph 2 ems
from the left margin, and striking ``section
2433'' and inserting ``sections 4371 through
4375''.
(5) Amendments to new section 4204(d).--Subsection
(d) of section 4204 of such title, as so redesignated,
is amended--
(A) by striking ``(A) For each'' and
inserting ``Certifications relating to program
requirements and funding.--For each'';
(B) by redesignating subparagraph (B) as
subsection (e);
(C) by striking ``under section 2432 of
this title, certify that'' and inserting
``under sections 4351 through 4358 of this
title--
``(1) certify that''; and
(D) by striking ``the program and identify
and report'' and inserting ``the program; and
``(2) identify and report''.
(6) Amendments to new section 4204(e).--Subsection
(e) of section 4204 of such title, as redesignated by
paragraph (5)(B), is amended--
(A) by inserting ``Documentation and
Oversight--'' before ``The Secretary of
Defense'';
(B) by striking ``programs and shall limit
outside requirements'' and inserting ``programs
and shall--
``(1) limit outside requirements''; and
(C) by striking ``decision authority and
ensure that'' and inserting ``decision
authority; and
``(2) ensure that''.
(7) Amendments to new section 4204(f).--Subsection
(f) of section 4204 of such title, as redesignated by
paragraph (1), is amended--
(A) by inserting ``Limitation on Authority
to Designate Alternative MDA for Programs
Addressing Joint Requirements.--'' before ``The
authority of''; and
(B) by striking ``in paragraph (2)(A)'' and
inserting ``in subsection (b)(1)''.
(8) Conforming repeal.--Section 2430 of title 10,
United States Code, is repealed.
(g) Transfer of Section 2430a.--Section 2430a of such title
is transferred to chapter 321 of such title, as added by
subsection (b), inserted after section 4202, redesignated as
section 4203, and amended--
(1) by striking ``section 2432(a)'' in subsection
(d) and inserting ``section 4351''; and
(2) by striking ``this chapter'' each place it
appears and inserting ``this subpart''.
(h) Transfer of Section 2431.--
(1) Section 2431 of such title is transferred to
chapter 321, as added by subsection (b), added at the
end, and redesignated as section 4205.
(2) The heading of such section is amended to read
as follows:
``Sec. 4205. Weapon systems for which procurement funding requested in
budget: development and procurement schedules''.
(i) Cross References.--The following provisions of law are
amended by striking ``section 2430'' or ``section 2430(a)'', as
the case may be, and inserting ``section 4201'':
(1) Section 139(a)(2)(B) of title 10, United States
Code.
(2) Section 189(c)(1) of such title.
(3) Section 1706(c)(1) of such title.
(4) Sections 1731(b)(1)(B)(ii) and 1737(a)(3) of
such title.
(5) Section 2275(g)(2) of such title.
(6) Section 141(a) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 50 U.S.C. 1521a).
SEC. 1847. MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS
GENERALLY.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 321, as
added by the preceding section, the following new chapter:
``CHAPTER 322--MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS
GENERALLY
``Subchapter Sec.
``I. Management................................................... 4211
``II. Contracting................................................. 4231
``III. Milestones for Major Defense Acquisition Programs.......... 4251
``IV. Additional Provisions Applicable Specifically to Major
Defense Acquisition Programs........................ 4271
``III. Contractors................................................ 4291
``SUBCHAPTER I--MANAGEMENT
``Sec.
``4211. Acquisition strategy.
``4212. Risk management and mitigation.
``4213. [Reserved].
``4214. Baseline description.
``4215. [Reserved].
``4216. [Reserved].
``4217. [Reserved].
``4218. [Reserved].
``SUBCHAPTER II--CONTRACTING
``Sec.
``4231. Major systems: determination of quantity for low-rate initial
production.
``4232. Use of lowest price technically acceptable source selection
process: prohibition.
``4233. [Reserved].
``4234. [Reserved].
``4235. [Reserved].
``4236. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.
``SUBCHAPTER III--MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS
``Sec.
``4251. Major defense acquisition programs: determination required
before Milestone A approval.
``4252. Major defense acquisition programs: certification required
before Milestone B approval.
``4253. Major defense acquisition programs: submissions to Congress on
Milestone C.
``4254. [Reserved].
``SUBCHAPTER IV--ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR
DEFENSE ACQUISITION PROGRAMS
``Sec.
``4271. Program cost, fielding, and performance goals in planning major
defense acquisition programs.
``4272. Independent technical risk assessments.
``4273. Performance assessments and root cause analyses.
``4274. Acquisition-related functions of chiefs: adherence to
requirements in major defense acquisition programs.
``4275. [Reserved].
``4276. [Reserved].
``SUBCHAPTER V--CONTRACTORS
``Sec.
``4291. [Reserved].
``4292. Contracts: limitations on lead system integrators.
``4293. Major defense acquisition programs: incentive program for
contractors to purchase capital assets manufactured in United
States.''.
(b) Subchapter I (management).--
(1) Transfer of section 2431a.--
(A) Transfer.--Section 2431a of 10, United
States Code, is transferred to chapter 322, as
added by subsection (a), inserted after the
table of sections at the beginning of
subchapter I, and redesignated as section 4211.
(B) Conforming cross-reference
amendments.--Such section is amended--
(i) in subsection (c)(2)--
(I) in subparagraph (D), by
striking ``section 2337'' and
inserting ``section 4324'';
(II) in subparagraph (F),
by striking ``section 2320''
and inserting ``sections 3771
through 3775''; and
(III) in subparagraph (H),
by striking ``section 2306b''
and inserting ``sections 3501
through 3511''; and
(ii) in subsection (e)--
(I) in paragraph (4), by
striking ``section 2366(e)(7)''
and inserting ``section
4172(e)(7)'';
(II) in paragraph (7), by
striking ``section 2433(a)(4)''
and inserting ``section
4371(a)(2)''; and
(III) in paragraph (8), by
striking ``section 2433(a)(5)''
and inserting ``section
4371(a)(3)''.
(C) Definitions.--Subsection (e) of such
section is further amended--
(i) by striking paragraphs (1) and
(2); and
(ii) redesignating paragraphs (3)
through (10) (as amended by
subparagraph (B)(ii)) as paragraphs (1)
through (8), respectively;
(2) Transfer of section 2440.--
(A) Transfer.--The text of section 2440 of
title 10, United States Code, is transferred to
section 4211 of such title, as transferred and
redesignated by paragraph (1), inserted at the
end of subsection (c), designated as paragraph
(3), and amended by striking ``section 2501''
and inserting ``section 4811''.
(B) Cross-reference.--Subsection (c)(2)(B)
of such section 4211 is amended by striking
``section 2440 of this title'' and inserting
``paragraph (3)'';
(3) Transfer of section 2431b.--Section 2431b of
such title is transferred to chapter 322 of such title,
as added by subsection (a), inserted after section
4211, as transferred and redesignated by paragraph (1)
and amended by paragraph (2), redesignated as section
4212, and amended--
(A) in subsection (a), by striking
``section 2431a'' and inserting ``section
4211''; and
(B) in subsection (d)--
(i) by striking ``Definitions.--''
and all that follows through ``The
term'' and inserting ``Concurrency
Defined.--In this section, the term'';
and
(ii) by striking paragraph (2).
(4) Transfer of section 2435.--Section 2435 of
title 10, United States Code, is transferred to chapter
322 of such title, as added by subsection (a), inserted
after section 4212, as transferred and redesignated by
paragraph (3), redesignated as section 4214, and
amended--
(A) in subsections (a)(2) and (d)(2), by
striking ``section 2433'' and inserting
``sections 4371 through 4375''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking
``In this chapter'' and inserting ``In
this subpart'';
(ii) in paragraph (2), by striking
``subsection (d) of such section'' and
inserting ``section 4374 of this
title''; and
(iii) in paragraph (3), by striking
``section 2432'' and inserting
``sections 4351 through 4358''.
(c) Subchapter Ii (contracting).--
(1) Transfer of section 2400.--
(A) Section 2400 of title 10, United States
Code, is transferred to chapter 322 of such
title, as added by subsection (a), inserted
after the table of sections at the beginning of
subchapter II, redesignated as section 4231,
and amended--
(i) in subsection (a)(5), by
striking ``section 2432'' and inserting
``sections 4351 through 4358''; and
(ii) in subsection (b)(1), by
striking ``section 2399'' and inserting
``section 4171''.
(B) The heading of such section is amended
to read as follows:
``Sec. 4231. Major systems: determination of quantity for low-rate
initial production''.
(2) Transfer of section 2442.--Section 2442 of such
title is transferred to chapter 322 of such title, as
added by subsection (a), inserted after section 4231,
as transferred and redesignated by paragraph (1),
redesignated as section 4232, and amended in subsection
(b) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(3) Transfer of section 2439.--Section 2439 of
title 10, United States Code, is transferred to chapter
322, as added by subsection (a), inserted after section
4232, as transferred and redesignated by paragraph (2),
and redesignated as section 4236.
(d) Subchapter Iii (milestones).--
(1) Transfer of section 2366a.--
(A) Transfer.--Section 2366a of title 10,
United States Code, is transferred to chapter
322 of such title, as added by subsection (a),
inserted after the table of sections at the
beginning of subchapter III, and redesignated
as section 4251.
(B) Amendments to subsection (b).--
Subsection (b) of such section is amended--
(i) in paragraph (4), by striking
``section 2448b(a)(1)'' and inserting
``section 4272(a)(1)''; and
(ii) in paragraph (8), by striking
``subchapter II of chapter 144B'' and
inserting ``subchapter II of chapter
327''.
(C) Amendments to subsection (c).--
Subsection (c)(1) of such section is amended--
(i) in subparagraph (A), by
striking ``section 2448a(a)'' and
inserting ``section 4271(a)'';
(ii) in subparagraph (C), by
striking ``section 2334(a)(6)'' and
inserting ``section 3221(b)(6)''; and
(iii) in subparagraph (E), by
striking ``section 2448b'' and
inserting ``section 4272''.
(D) Amendments to subsection (d).--
Subsection (d) of such section is amended--
(i) by striking paragraphs (1) and
(6) and redesignating paragraphs (2),
(3), (4), (5), (7), (8), (9), and (10)
as paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8), respectively;
(ii) in paragraph (3) (as so
redesignated), by striking ``section
2366(e)(7)'' and inserting ``section
4172(e)(7)'';
(iii) in paragraph (6) (as so
redesignated), by striking ``section
2448a(a)'' and inserting ``section
4271(a)''; and
(iv) in paragraph (7) (as so
redesignated), by striking ``section
2446a(b)(3)'' and inserting ``section
4401(b)(3)''.
(2) Transfer of section 2366b.--
(A) Transfer.--Section 2366b of title 10,
United States Code, is transferred to chapter
322 of such title, inserted after section 4251,
as transferred and redesignated by paragraph
(1), and redesignated as section 4252.
(B) Amendments to subsection (a).--
Subsection (a) of such section is amended--
(i) in paragraph (2), by striking
``section 2448b'' and inserting
``section 4272''; and
(ii) in paragraph (3)--
(I) in subparagraph (D), by
striking ``section 2435'' and
``section 2448a(a)'' and
inserting ``section 4214 of
this title'' and ``section
4271(a)'', respectively; and
(II) in subparagraph (N),
by striking ``section
2446b(e)'' and inserting
``section 4402(e)''.
(C) Amendments to subsection (c).--
Subsection (c) of such section is amended--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``section 2448a(a)''
and inserting ``section
4271(a)'';
(II) in subparagraph (C),
by striking ``section
2334(a)(6)'' and inserting
``section 3221(b)(6)''; and
(III) in subparagraph (E),
by striking ``section 2448b''
and inserting ``section 4272'';
and
(ii) in paragraph (2)(A), by
striking ``section 2432'' and inserting
``sections 4351 through 4358''.
(D) Amendments to subsection (d).--
Subsection (d)(3) of such section is amended by
striking ``section 2433a(c)'' and inserting
``section 4377''.
(E) Amendments to subsection (g).--
Subsection (g) of such section is amended--
(i) by striking paragraphs (1) and
(2) and redesignating paragraphs (3),
(4), (5), (6), (7), and (8) as
paragraphs (1), (2), (3), (4), (5), and
(6), respectively;
(ii) in paragraph (2) (as so
redesignated), by striking ``section
2366(e)(7)'' and inserting ``section
4172(e)(7)'';
(iii) in paragraph (4) (as so
redesignated), by striking ``section
2448a(a)'' and inserting ``section
4271(a)''; and
(iv) in paragraph (5) (as so
redesignated), by striking ``section
2446a(b)(3)'' and inserting ``section
4401(b)(3)''.
(3) Transfer of section 2366c.--Section 2366c of
title 10, United States Code, is transferred to chapter
322 of such title, inserted after section 4252, as
transferred and redesignated by paragraph (3),
redesignated as section 4253, and amended by striking
``section 2334(a)(6)'' in subsection (a)(2) and
inserting ``section 3221(b)(6)''.
(e) Subchapter Iv (additional Provisions Applicable
Specifically to Mdaps).--
(1) Transfer of section 2448a.--Section 2448a of
title 10, United States Code, is transferred to chapter
322 of such title, inserted after the table of sections
at the beginning of subchapter IV, redesignated as
section 4271, and amended--
(A) in subsection (b)(1), by striking
``section 2432(a)(2)'' and inserting ``section
4351(2)''; and
(B) in subsection (b)(2), by striking
``section 2366a(d)(2)'' and inserting ``section
4251(d)(1)''.
(2) Transfer of section 2448b.--Section 2448b of
title 10, United States Code, is transferred to chapter
322 of such title, inserted after section 4271, as
transferred and redesignated by paragraph (1),
redesignated as section 4272, and amended--
(A) in subsection (a)(1), by striking
``section 2366a'' and inserting ``section
4251''; and
(B) in subsection (a)(2), by striking
``section 2366b'' and inserting ``section
4252''.
(3) Transfer of section 2438.--Section 2438 of
title 10, United States Code, is transferred to chapter
322 of such title, inserted after section 4272, as
transferred and redesignated by paragraph (2),
redesignated as section 4273, and amended--
(A) in subsection (b)(2), by striking
``section 2433a(a)(1)'' and inserting
``4376(a)(1)''; and
(B) in subsections (b)(5)(A) and (d), by
striking ``section 2433a'' and inserting
``sections 4736 and 4377''.
(4) Transfer of section 2547(b).--
(A) New section.--Chapter 322 of title 10,
United States Code, as added by subsection (a),
is further amended by inserting after section
4273, as transferred and redesignated by
paragraph (3), the following new section:
``Sec. 4274. Acquisition-related functions of chiefs of the armed
forces: adherence to requirements in major defense
acquisition programs''.
(B) Transfer.--Subsection (b) of section
2547 of such title is transferred to section
4274 of such title, as added by subparagraph
(A), inserted after the section heading, and
amended--
(i) by redesignating such
subsection as subsection (a); and
(ii) by redesignating paragraph (2)
as subsection (b).
(C) Amendments to new section 4274(a).--
Subsection (a) of such section 4274, as so
transferred and redesignated, is amended--
(i) by striking ``Adherence to''
and all that follows through ``(1)''
and inserting ``Role of Service Chiefs
in Program Capability Document
Approval.--''; and
(ii) by striking ``section
2448a(a)'' and inserting ``4271(a)''.
(D) Amendments to new section 4274(b).--
Subsection (b) of such section 4274, as
redesignated by subparagraph (B)(ii), is
amended--
(i) by inserting ``Role of Service
Chiefs in Material Development Decision
and Acquisition System Milestones.--''
before ``Consistent with'';
(ii) by striking ``under subsection
(a)'' and inserting ``under section
3053 of this title'';
(iii) by redesignating
subparagraphs (A), (B), (C), and (D) as
paragraphs (1), (2), (3), and (4),
respectively;
(iv) in paragraph (2), as so
redesignated, by striking ``section
2366a'' and inserting ``section 4251'';
and
(v) in paragraph (3), as so
redesignated, by striking ``section
2366b'' and inserting ``section 4252''.
(5) Restatement of section 2547(c) & (d)(3).--Such
section 4274 is further amended by adding at the end--
(A) a new subsection (c) identical to
section 2547(c) of such title, as in effect on
the day before the effective date of this
section; and
(B) a new subsection (d) as follows:
``(d) Program Capability Document Defined.--In this
section, the term `program capability document' has the meaning
provided that term in section 4401(b)(5) of this title.''.
(6) Cross-reference amendments.--
(A) Section 131(b)(8) of title 10, United
States Code, is amended by striking ``section
2438(a)'' in the last subparagraph and
inserting ``section 4273(a)''.
(B) Sections 7033(d)(5), 8033(d)(5),
8043(e)(5), and 9033(d)(5) of such title are
amended by striking ``and 2547'' and inserting
``, 3103, and 4274''.
(f) Subchapter V (contractors).--
(1) Transfer of section 2410p.--Section 2410p of
title 10, United States Code, is transferred to
subchapter V of chapter 322, as added by subsection
(a), inserted after the table of sections, and
redesignated as section 4292.
(2) Transfer of section 2436.--Section 2436 of such
title is transferred to chapter 322 of such title,
inserted after section 4292, as added by paragraph (1),
and redesignated as section 4293.
SEC. 1848. LIFE-CYCLE AND SUSTAINMENT.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 322, as
added by the preceding section, the following new chapter:
``CHAPTER 323--LIFE-CYCLE AND SUSTAINMENT
``Sec.
``4321. Development of major defense acquisition programs: sustainment
of system to be replaced.
``4322. [Reserved].
``4323. Sustainment reviews.
``4324. Major systems: life-cycle management and product support.
``4325. Major weapon systems: assessment, management, and control of
operating and support costs.
``4326. [Reserved].
``4327. [Reserved].
``4328. Weapon system design: sustainment factors.''.
(b) Transfer of Section 2437.--Section 2437 of title 10,
United States Code, is transferred to chapter 323 of such
title, as added by subsection (a), inserted after the table of
sections at the beginning, and redesignated as section 4321.
(c) Transfer of Section 2441.--Section 2441 of title 10,
United States Code, is transferred to chapter 323 of such
title, as added by subsection (a), inserted after section 4321,
as transferred and redesignated by subsection (b), redesignated
as section 4323, and amended by striking ``sections 2337 and
2337a'' in subsection (c) and inserting ``sections 4324 and
4325''.
(d) Transfer of Sections 2337 and 2337a.--
(1) Transfer.--Sections 2337 and 2337a of title 10,
United States Code, are transferred to chapter 323 of
such title, as added by subsection (a), inserted (in
that order) after section 4323, as transferred and
redesignated by subsection (c), and redesignated as
sections 4324 and 4325, respectively.
(2) Amendment to transferred section 4324.--Section
4324 of title 10, United States Code, as transferred
and redesignated by paragraph (1), is amended by
striking ``section 2302d(a)'' in subsection (c)(5) and
inserting ``section 3041(c)(1)''.
(3) Amendments to transferred section 4325.--
(A) Section 4325 of such title, as
transferred and redesignated by paragraph (1),
is amended--
(i) in subsection (b)(1), by
striking ``section 2337'' and inserting
``section 4324''; and
(ii) in subsection (d), by striking
``section 2379(f)'' and inserting
``section 3455(f)''.
(B) The heading of such section is amended
to read as follows:
``Sec. 4325. Major weapon systems: assessment, management, and control
of operating and support costs''.
(e) Transfer of Section 2443.--
(1) Section 2443 of title 10, United States Code,
is transferred to chapter 323, as added by subsection
(a), inserted after section 4235, as transferred and
redesignated by subsection (d), and redesignated as
section 4328.
(2) The heading of such section is amended to read
as follows:
``Sec. 4328. Weapon system design: sustainment factors''.
SEC. 1849. PROGRAM STATUS-SELECTED ACQUISITION REPORTS.
(a) Restatement of Section 2432.--Part V of subtitle A of
title 10, United States Code, as added by section 801 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), is amended by inserting after
chapter 323, as added by the preceding section, the following
new chapter:
``CHAPTER 324--PROGRAM STATUS-SELECTED ACQUISITION REPORTS
``Sec.
``4350. Selected acquisition reports: termination.
``4351. Selected acquisition reports: definitions.
``4352. Selected acquisition reports: requirement for quarterly reports.
``4353. Selected acquisition reports for 1st quarter of a fiscal year:
comprehensive annual report.
``4354. Selected acquisition reports for 2d, 3d, and 4th quarters.
``4355. Selected acquisition reports: quarterly SAR report content.
``4356. Selected acquisition reports: time for submission to Congress;
form of report.
``4357. Selected acquisition reports: termination of requirements with
respect to a program or subprogram.
``4358. Selected acquisition reports: when total program reporting
begins; limited reports before approval to proceed to system
development and demonstration.
``Sec. 4350. Selected acquisition reports: termination
``Sec. 4351. Selected acquisition reports: definitions
``Sec. 4352. Selected acquisition reports: requirement for quarterly
reports
``Sec. 4353. Selected acquisition reports for 1st quarter of a fiscal
year: comprehensive annual report
``Sec. 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
``Sec. 4355. Selected acquisition reports: quarterly SAR report content
``Sec. 4356. Selected acquisition reports: time for submission to
Congress; form of report
``Sec. 4357. Selected acquisition reports: termination of requirements
with respect to a program or subprogram
``Sec. 4358. Selected acquisition reports: when total program reporting
begins; limited reports before approval to proceed
to system development and demonstration''.
(b) Transfer of Subsection (j) of Section 2432.--Subsection
(j) of section 2432 of title 10, United States Code, is
transferred to section 4350 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation and
subsection heading; and
(2) by striking ``this section'' and inserting
``this chapter''.
(c) Transfer of Subsection (a) of Section 2432.--Subsection
(a) of section 2432 of title 10, United States Code, is
transferred to section 4351 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation;
(2) in paragraph (1), by inserting ``Program
acquisition unit cost.--'' after ``(1)'';
(3) in paragraph (2), by inserting ``Procurement
unit cost.--'' after ``(2)'';
(4) in paragraph (3), by inserting ``Major
contract.--'' after ``(3)'' ; and
(5) in paragraph (4), by inserting ``Full life-
cycle cost.--'' after ``(4)''.
(d) Transfer of Subsection (b) of Section 2432.--
(1) Transfer.--Subsection (b) of section 2432 of
title 10, United States Code, is transferred to section
4352 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation;
and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c),
respectively.
(2) Revisions to new 4352(a).--Subsection (a) of
such section 4352, as redesignated by paragraph (1)(B),
is amended--
(A) by striking ``The Secretary'' and
inserting ``In General.--
``(1) The Secretary'';
(B) by striking ``a report on'' and all
that follows in the first sentence and
inserting ``a report on--
``(A) current major defense acquisition
programs; and
``(B) any program that is estimated by the
Secretary of Defense to require--
``(i) an eventual total expenditure
for research, development, test, and
evaluation of more than $300,000,000
(based on fiscal year 1990 constant
dollars); or
``(ii) an eventual total
expenditure for procurement, including
all planned increments or spirals, of
more than $1,800,000,000 (based on
fiscal year 1990 constant dollars).'';
(C) by designating the second and third
sentences as paragraphs (2) and (3),
respectively, and realigning those paragraphs 2
ems from the left margin;
(D) in paragraph (2), as so designated, by
striking ``paragraphs (2) and (3)'' and
inserting ``subsections (b) and (c)'' ; and
(E) in paragraph (3), as so designated, by
striking ``this section'' and inserting ``this
chapter''.
(3) Revisions to new 4352(b).--Subsection (b) of
such section 4352, as redesignated by paragraph (1)(B),
is amended--
(A) by inserting ``Reports Not Required for
2d, 3d, and 4th Quarters for Certain
Programs.--'' before ``A status report''; and
(B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(4) Revisions to new 4352(c).--Subsection (c) of
such section 4352, as redesignated by paragraph (1)(B),
is amended--
(A) by striking ``(A) The Secretary'' and
inserting ``Secretary of Defense Waiver
Authority.--
``(1) Authority.--The Secretary'';
(B) by redesignating subparagraph (B) as
paragraph (2) and realigning that paragraph 2
ems from the left margin;
(C) by redesignating clauses (i), (ii), and
(iii) of paragraph (1), as designated by the
amendment made by subparagraph (A), as
subparagraphs (A), (B), and (C), respectively,
and realigning those subparagraphs 4 ems from
the left margin; and
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) by inserting ``Notification to
congressional committees.--'' before
``The Secretary shall''; and
(ii) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)''.
(e) Transfer of Subsection (c) of Section 2432.--
(1) Transfer.--Subsection (c) of section 2432 of
title 10, United States Code, is transferred to section
4353 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation;
and
(B) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (b), (c), and
(d), respectively.
(2) Revisions to new 4353(a).--Subsection (a) of
such section 4353, as redesignated by paragraph (1)(B),
is amended as follows:
(A) Subsection heading.--Such subsection is
amended by inserting ``Content of Sar Submitted
for First Quarter.--'' before ``Each Selected
Acquisition Report for''.
(B) Internal redesignations.--Such
subsection is further amended--
(i) by redesignating subparagraphs
(A) through (H) as paragraphs (1)
through (8), respectively; and
(ii) by redesignating clauses (i)
through (iv) of paragraph (2), as so
redesignated, as subparagraphs (A)
through (D), respectively.
(C) Revision of list format.--Such
subsection is further amended--
(i) by striking ``for a fiscal year
shall include--'' in the matter
preceding such paragraph (1), as so
redesignated, and inserting ``for a
fiscal year shall include the
following:'';
(ii) in each of such paragraphs (1)
through (8), as so redesignated, by
capitalizing the first letter of the
first word after the paragraph
designation;
(iii) in each of such paragraphs
(1) through (6), as so redesignated, by
striking the semicolon at the end and
inserting a period; and
(iv) by striking ``; and'' at the
end of paragraph (7), as so
redesignated, and inserting a period.
(D) Conforming cross-reference
amendments.--Such subsection is further
amended--
(i) by striking ``section 2431'' in
paragraph (1), as so redesignated, and
inserting ``section 4205'';
(ii) by striking ``section
2433(a)(2)'' in paragraph (2)(A), as so
redesignated, and inserting ``section
4371(a)(4)'';
(iii) by striking ``section
2435(d)(1)'' in paragraph (2)(B), as so
redesignated, and inserting ``section
4214(d)(1)'';
(iv) by striking ``section
2435(d)(2)'' in paragraph (2)(C), as so
redesignated, and inserting ``section
4214(d)(2)'';
(v) by striking ``section
2432(e)(4)'' in paragraph (2)(D), as so
redesignated, and inserting ``section
4355(4)''; and
(vi) by striking ``section 2446a''
in paragraph (7), as so redesignated,
and inserting ``section 4401''.
(3) Revisions to new 4353(b).--Subsection (b) of
such section 4353, as redesignated by paragraph (1)(B),
is amended--
(A) by striking ``Each Selected'' and
inserting ``Congressional Committees.--
``(1) Information needed by congressional
committees.--Each Selected''; and
(B) by designating the text after the first
sentence as paragraph (2), aligning that
paragraph 2 ems from the left margin, and
inserting ``Notification to congressional
committees of proposed changes.--'' before
``Whenever the Secretary''.
(4) Revisions to new 4353(c).--Subsection (c) of
such section 4353, as redesignated by paragraph (1)(B),
is amended--
(A) by inserting ``Life-cycle Cost
Analyses.--'' before ``In addition to'';
(B) by striking ``paragraphs (1) and (2)'';
and inserting ``subsections (a) and (b)'', and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(5) Revision to new 4353(d).--Subsection (d) of
such section 4353, as redesignated by paragraph (1)(B),
is amended by inserting ``Reference to 1st Quarter Sar
as Comprehensive Annual Sar.--'' before ``Selected
Acquisition Reports''.
(f) Transfer of Subsection (d) of Section 2432.--
(1) Transfer.--Subsection (d) of section 2432 of
title 10, United States Code, is transferred to section
4354 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking the subsection designation.
(2) Conforming amendments and subsection
headings.--Such section is amended--
(A) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively;
(B) in subsection (a), as so redesignated--
(i) by inserting ``Contingent
Required Content.--'' before ``Each
Selected Acquisition Report'';
(ii) by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1), as so
redesignated, by striking ``subsection
(e)'' and inserting ``section 4355 of
this title''; and
(iv) in paragraph (2), as so
redesignated, by striking ``subsection
(c)'' and inserting ``section 4353 of
this title''; and
(C) in subsection (b), as so redesignated,
by inserting ``Reference to 2d, 3d, and 4th
Quarters SARS as Quarterly SARS.--'' before
``Selected Acquisition Reports for''.
(g) Transfer of Subsection (e) of Section 2432.--Subsection
(e) of section 2432 of title 10, United States Code, is
transferred to section 4355 of such title, as added by
subsection (a), inserted after the section heading, and amended
by striking the subsection designation.
(h) Transfer of Subsection (f) of Section 2432.--
(1) Transfer.--Subsection (f) of section 2432 of
title 10, United States Code, is transferred to section
4356 of such title, as added by subsection (a),
inserted after the section heading, and redesignated as
subsection (a).
(2) Subsection heading.--Such subsection is amended
by inserting ``Time for Submission.--'' before ``Each
comprehensive''.
(i) Transfer of Subsection (i) of Section 2432.--Subsection
(i) of section 2432 of title 10, United States Code, is
transferred to section 4356 of such title, as added by
subsection (a), inserted after subsection (a), as transferred
and redesignated by subsection (h)(1), redesignated as
subsection (b), and amended by striking ``under this section''
and inserting ``under this chapter''.
(j) Transfer of Subsection (g) of Section 2432.--Subsection
(g) of section 2432 of title 10, United States Code, is
transferred to section 4357 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation; and
(2) by striking ``of this section'' and inserting
``of this chapter''.
(k) Transfer of Subsection (h) of Section 2432.--
(1) Transfer.--Subsection (h) of section 2432 of
title 10, United States Code, is transferred to section
4358 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(A) by striking the subsection designation;
and
(B) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c),
respectively.
(2) Revisions to new 4358(a).--Subsection (a) of
such section 4358, as redesignated by paragraph (1)(B),
is amended--
(A) by striking ``Total program reporting
under this section'' and inserting ``In
General.--
``(1) Commencement of total program reporting.--
Total program reporting under this chapter''; and
(B) by designating the second sentence as
paragraph (2) and in that paragraph--
(i) by inserting ``Limited
reports.--'' before ``Reporting may
be'';
(ii) by striking ``paragraph (2)''
and inserting ``subsection (b)'';
(iii) by striking ``under this
subsection'' and inserting ``under this
section''; and
(iv) by striking ``under this
section.'' and inserting ``under this
chapter.''.
(3) Revisions to new 4358(b).--Subsection (b) of
such section 4358, as redesignated by paragraph (1)(B),
is amended--
(A) by inserting ``Content of Limited
Reports.--'' before ``A limited report'';
(B) by striking ``under this subsection''
and inserting ``under this section'';
(C) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5),
respectively; and
(D) in paragraph (1), as so redesignated,
by striking ``section 2431'' and inserting
``section 4205''.
(4) Revisions to new 4358(c).--Subsection (c) of
such section 4358, as redesignated by paragraph (1)(B),
is amended--
(A) by inserting ``Submission of Limited
Reports.--'' before ``The submission
requirements''; and
(B) by striking ``under this subsection''
and inserting ``under this section''.
(l) Conforming Amendments.--Section 2432 of title 10,
United States Code, is repealed.
(m) Conforming Cross-reference Amendments.--Sections
1734(c)(2) and 8671(b)(2) of title 10, United States Code, are
amended by striking ``section 2432'' and inserting ``chapter
324''.
SEC. 1850. COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY).
(a) Restatement of Sections 2433 and 2433a.--Part V of
subtitle A of title 10, United States Code, as added by section
801 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), is amended by
inserting after chapter 324, as added by the preceding section,
the following new chapter:
``CHAPTER 325--COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY)
``Sec.
``4371. Cost growth definitions; applicability of reporting
requirements; constant base year dollars.
``4372. Unit cost reports: quarterly report from program manager to
service acquisition executive.
``4373. Unit cost reports: immediate report from program manager to
service acquisition executive upon breach of significant cost
growth threshold.
``4374. Unit cost reports: determinations by service acquisition
executive and secretary concerned of breach of significant
cost growth threshold or critical cost growth threshold;
reports to Congress.
``4375. Breach of significant cost growth threshold or critical cost
growth threshold: required action.
``4376. Breach of critical cost growth threshold: reassessment of
program; presumption of program termination.
``4377. Breach of critical cost growth threshold: actions if program not
terminated.
``Sec. 4371. Cost growth definitions; applicability of reporting
requirements; constant base year dollars
``Sec. 4372. Unit cost reports: quarterly report from program manager
to service acquisition executive
``Sec. 4373. Unit cost reports: immediate report from program manager
to service acquisition executive upon breach of
significant cost growth threshold
``Sec. 4374. Unit cost reports: determinations by service acquisition
executive and secretary concerned of breach of
significant cost growth threshold or critical cost
growth threshold; reports to Congress
``Sec. 4375. Breach of significant cost growth threshold or critical
cost growth threshold: required action
``Sec. 4376. Breach of critical cost growth threshold: reassessment of
program; presumption of program termination
``Sec. 4377. Breach of critical cost growth threshold: actions if
program not terminated''.
(b) Transfer of Subsection (a) of Section 2433.--
(1) Transfer.--Subsection (a) of section 2433 of
title 10, United States Code, is transferred to section
4371 of such title, as added by subsection (a),
inserted after the section heading, and amended by
striking ``this section'' in the matter preceding
paragraph (1) and in paragraph (2) and inserting ``this
chapter''.
(2) Insertion of side headings.--Such subsection is
further amended--
(A) in the matter preceding paragraph (1),
by inserting ``Definitions.--'' after ``(a)'';
(B) in paragraph (1), by inserting
``Program acquisition unit cost; procurement
unit cost; major contract.--'' after ``(1)'';
(C) in paragraph (2), by inserting
``Baseline estimate.--'' after ``(2)'';
(D) in paragraph (3), by inserting
``Procurement program.--'' after ``(3)'';
(E) in paragraph (4), by inserting
``Significant cost growth threshold.--'' after
``(4)'';
(F) in paragraph (5), by inserting
``Critical cost growth threshold.--'' after
``(5)''; and
(G) in paragraph (6), by inserting
``Original baseline estimate.--'' after
``(6)''.
(3) Conforming cross-reference amendments.--Such
subsection is further amended--
(A) in paragraph (1)--
(i) by striking ``section
2430a(d)'' and inserting ``section
4203(d)''; and
(ii) by striking ``section
2432(a)'' and inserting ``section
4351'';
(B) in paragraph (2), by striking ``section
2435'' and inserting ``section 4214''; and
(C) in paragraph (6), by striking ``section
2435(d)'' and inserting ``section 4214(d)''.
(4) Revision of order of paragraphs.--Such
subsection is further amended--
(A) by redesignating paragraphs (2), (3),
(4), (5), and (6) as paragraphs (4), (6), (2),
(3), and (5), respectively; and
(B) by revising the order of those
paragraphs within that section so they appear
in the numeric order of their respective
paragraph designations, as redesignated by
paragraph (A).
(c) Transfer of Subsection (h) of Section 2433.--Subsection
(h) of section 2433 of title 10, United States Code, is
transferred to section 4371 of such title, as added by
subsection (a), inserted after subsection (a), as transferred
and redesignated by subsection (b)(1), redesignated as
subsection (b), and amended--
(1) by striking ``under this section'' and
inserting ``under this chapter''; and
(2) by striking ``section 2432(h)'' and inserting
``section 4358''.
(d) Transfer of Subsection (f) of Section 2433.--Subsection
(f) of section 2433 of title 10, United States Code, is
transferred to section 4371 of such title, as added by
subsection (a), inserted after subsection (b), as transferred
and redesignated by subsection (c), redesignated as subsection
(c), and amended--
(1) by striking ``under this section'' and
inserting ``under this chapter''; and
(2) by striking ``section 2430'' and inserting
``section 4202''.
(e) Transfer of Subsection (b) of Section 2433.--
(1) Transfer.--Subsection (b) of section 2433 of
title 10, United States Code, is transferred to section
4372 of such title, as added by subsection (a),
inserted after the section heading, and redesignated as
subsection (a).
(2) Designation of new subsection (b).--Such
section 4372, as redesignated by paragraph (1), is
amended by designating the third sentence as subsection
(b) and inserting ``Matter to Be Included in Unit Cost
Reports.--'' therein before ``The program manager
shall''.
(3) Designation of new paragraphs (1) and (2).--
Subsection (a) of such section, as redesignated by
paragraph (1), is amended--
(A) by striking ``The program manager for''
and inserting ``Required Reports.--
``(1) Requirement.--The program manager for''; and
(B) by designating the second sentence as
paragraph (2) and inserting ``Time for
submittal.--'' before ``Each report''.
(4) Conforming cross-reference amendments.--Such
section is further amended--
(A) in paragraph (1) of subsection (a), as
designated by paragraph (3)(A), by striking
``section 2432(b)(3)'' and inserting ``section
4352(c)''; and
(B) in paragraph (4) of subsection (b), as
designated by paragraph (2), by striking
``section 2435'' and inserting ``section
4214''.
(f) Transfer of Subsection (c) of Section 2433.--Subsection
(c) of section 2433 of title 10, United States Code, is
transferred to section 4373 of such title, as added by
subsection (a), inserted after the section heading, and
amended--
(1) by striking the subsection designation; and
(2) by striking ``subsection (b)'' both places it
appears and inserting ``section 4372 of this title''.
(g) Transfer of Subsection (d) of Section 2433.--
(1) Transfer.--Subsection (d) of section 2433 of 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''.
(6) Revisions to new 4377(c)(1).--Paragraph (1) of
such section 4377(c), as so designated, is amended--
(A) by redesignating clauses (i), (ii), and
(iii) as subparagraphs (A), (B), and (C),
respectively;
(B) by redesignating subclauses (I) and
(II) of each of subparagraphs (A) and (C) as
clauses (i) and (ii), respectively;
(C) in subparagraph (A), as so
redesignated--
(i) in the matter preceding clause
(i), as so redesignated, by striking
``pursuant to subsection (a)'' and
inserting ``pursuant to section 4376(a)
of this title'';
(ii) in clause (i), as so
redesignated, by striking
``subparagraph (B)'' and inserting
``paragraph (2)''; and
(iii) in clause (ii), as so
redesignated, by striking ``subclause
(I)'' and inserting ``clause (i)''; and
(D) in subparagraph (C), as so
redesignated--
(i) in the matter preceding clause
(i), as so redesignated--
(I) by striking ``section
2433(g)'' and inserting
``subsections (d) and (e) of
section 4375''; and
(II) by striking ``section
2432(f)'' and inserting
``section 4356'';
(ii) in clause (i), as so
redesignated, by striking ``clause
(i)'' and inserting ``subparagraph
(A)''; and
(iii) in clause (ii), as so
redesignated, by striking ``clause
(ii)'' and inserting ``subparagraph
(B)''.
(7) Revisions to new 4377(c)(2).--Paragraph (2) of
such section 4377(c), as so designated, is amended--
(A) in the matter preceding clause (i), by
striking ``this subparagraph'' and inserting
``this paragraph'';
(B) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively; and
(C) by redesignating subclauses (I) and
(II) of each of subparagraphs (A) and (B) as
clauses (i) and (ii), respectively.
(l) Conforming Repeals.--Sections 2433 and 2433a of title
10, United States Code, are repealed.
(m) Cross Reference.--Section 181(b)(6) of title 10, United
States Code, is amended by striking ``2433(e)(2)'' and
inserting ``4375(b)''.
SEC. 1851. WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 325, as
added by the preceding section, the following new chapter:
``CHAPTER 327--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
``Subchapter Sec.
``I. Modular Open System Approach in Development of Weapon Systems 4401
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology............................ 4421
``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON
SYSTEMS
``Sec.
``4401. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``4402. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system design.
``4403. Requirements relating to availability of major system interfaces
and support for modular open system approach.
``SUBCHAPTER II--DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY
``Sec.
``4421. Weapon system component or technology prototype projects:
display of budget information.
``4422. Weapon system component or technology prototype projects:
oversight.
``4423. Requirements and limitations for weapon system component or
technology prototype projects.
``4424. Mechanisms to speed deployment of successful weapon system
component or technology prototypes.
``4425. Definition of weapon system component.''.
(b) Transfer of Sections of Subchapter I of Chapter 144b.--
(1) Transfer.--Sections 2446a, 2446b, and 2446c of
chapter 144B of title 10, United States Code, are
transferred to chapter 327, as added by subsection (a),
inserted (in that order) after the table of sections at
the beginning of subchapter I, and redesignated as
sections 4401, 4402, and 4403, respectively.
(2) Conforming cross-reference amendments to
section 4401.--Section 4401 of title 10, United States
Code, as so transferred and redesignated, is amended--
(A) in subsection (b)(1)(D), by striking
``section 2320'' and inserting ``sections 3771
through 3775'';
(B) in subsection (b)(6), by striking
``section 2448a(a)'' and inserting ``section
4271(a)'';
(C) in subsection (b)(7), by striking
``section 2430'' and inserting ``section
4201''; and
(D) in subsection (b)(8), by striking
``section 2379(f)'' and inserting ``section
3455(f)''.
(3) Conforming cross-reference amendments to
section 4402.--Section 4402 of such title, as so
transferred and redesignated, is amended--
(A) in subsection (c), by striking
``section 2431a'' and inserting ``section
4211''; and
(B) in subsection (e), by striking
``section 2366b'' and inserting ``section
4252''.
(c) Transfer of Sections of Subchapter Ii of Chapter
144b.--
(1) Transfer.--Sections 2447a, 2447b, 2447c, 2447d,
and 2447e of chapter 144B of title 10, United States
Code, are transferred to chapter 327, as added by
subsection (a), inserted (in that order) after the
table of sections at the beginning of subchapter II,
and redesignated as sections 4421, 4422, 4423, 4424,
and 4425, respectively.
(2) Conforming cross-reference amendments to
section 4422.--Section 4422 of such title, as so
transferred and redesignated, is amended by striking
``section 2447c'' in subsection (c)(3) and inserting
``section 4423''.
(3) Conforming cross-reference amendments to
section 4423.--Section 4423 of such title, as so
transferred and redesignated, is amended--
(A) in subsection (b), by striking
``section 2447b'' and inserting ``section
4422''; and
(B) in subsection (e), by striking
``section 2371b'' and inserting ``section
4003''.
(4) Conforming cross-reference amendments to
section 4424.--Section 4424 of such title, as so
transferred and redesignated, is amended by striking
``section 2304'' in subsection (a) and inserting
``sections 3201 through 3205''.
(5) Conforming cross-reference amendments to
section 4425.--Section 4425 of such title, as so
transferred and redesignated, is amended by striking
``section 2446a'' and inserting ``section 4401''.
(d) Conforming Amendments.--
(1) Repeal of chapter 144b.--Chapter 144B of title
10, United States Code, is repealed.
(2) Clerical amendments.--The tables of chapters at
the beginning of subtitle A, and at the beginning of
part IV of subtitle A, of title 10, United States Code,
are amended by striking the item relating to chapter
144B.
Subtitle G--Other Special Categories of Contracting
SEC. 1856. ACQUISITION OF SERVICES GENERALLY.
(a) Tables of Chapters Amendments.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232)), of title 10, United States Code, are amended by
striking the items relating to chapters 341 and 343 and
inserting the following:
``341. Acquisition of Services Generally.......................... 4501
``343. Acquisition of Services of Contractors Performing Private
Security Functions.................................4541''.
(b) New Chapter 341.--Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by striking chapters 341 and
343 and inserting the following:
``CHAPTER 341--ACQUISITION OF SERVICES GENERALLY
``Sec.
``4501. Procurement of contract services: management structure.
``4502. Procurement of contract services: senior officials responsible
for management of acquisition of contract services.
``4503. [Reserved].
``4504. [Reserved].
``4505. Procurement of services: tracking of purchases.
``4506. Procurement of services: data analysis and requirements
validation.
``4507. Procurement of services: contracts for professional and
technical services.
``4508. Contractor performance of acquisition functions closely
associated with inherently governmental functions.
``4509. Contracts for advisory and assistance services: cost comparison
studies.''.
(c) Transfer of Section 2330 of Title 10.--Section 2330 of
title 10, United States Code, is transferred to chapter 341 of
such title, as amended by subsection (b), inserted after the
table of sections, and redesignated as section 4501.
(d) Designation of New Section 4502.--Such chapter is
further amended by inserting after paragraph (1) of subsection
(a) of section 4501, as transferred and redesignated by
subsection (c), the following:
``Sec. 4502. Procurement of contract services: senior officials
responsible for management of acquisition of
contract services
``(a) Senior Officials.--The management structure
implemented pursuant to section 4501 of this title shall
provide for the following:''.
(e) Revision to Remaining Text of Section 4501.--Such
section 4501 is amended--
(1) by striking ``for the following:'' and
inserting ``for the matters specified in subsections
(b), (c), (d), and (e).'';
(2) by redesignating paragraph (1) as subsection
(b) and subparagraphs (B), (C), and (D) as subsections
(c), (d), and (e), respectively;
(3) in subsection (b), as so redesignated--
(A) by realigning the margin of the
subsection 2 ems to the left;
(B) by striking ``The Under'' and all that
follows through ``develop and maintain'' and
inserting ``Policies, Procedures, and Best
Practices Guidelines.--The management structure
implemented pursuant to subsection (a) shall
provide that the Under Secretary of Defense for
Acquisition and Sustainment shall develop and
maintain'';
(C) by redesignating clauses (i) through
(vi) as paragraphs (1) through (6),
respectively, and realigning the margin of
those paragraphs 2 ems to the left; and
(D) by striking the semicolon at the end of
such paragraph (6), as so redesignated, and
inserting a period;
(4) in subsection (c), as redesignated by paragraph
(2)--
(A) by realigning the margin of the
subsection 4 ems to the left;
(B) by striking ``work with'' and inserting
``Personnel and Support.--The management
structure implemented pursuant to subsection
(a) shall provide that the Under Secretary
shall work with'';
(C) by redesignating clauses (i) through
(iii) as paragraphs (1) through (3),
respectively;
(D) by inserting ``and section 4502 of this
title'' in paragraph (3), as so redesignated,
after ``under this section''; and
(E) by striking the semicolon at the end
and inserting a period;
(5) in subsection (d), as redesignated by paragraph
(2)--
(A) by realigning the margin of the
subsection 4 ems to the left;
(B) by striking ``establish contract'' and
inserting ``Contract Services Acquisition
Categories.--The management structure
implemented pursuant to subsection (a) shall
provide that the Under Secretary shall
establish contract''; and
(C) by striking ``; and'' at the end and
inserting a period;
(6) in subsection (e), as redesignated by paragraph
(2)--
(A) by realigning the margin of the
subsection 4 ems to the left;
(B) by striking ``oversee the'' and
inserting ``Oversight of Implementation.--The
management structure implemented pursuant to
subsection (a) shall provide that the Under
Secretary shall oversee the'';
(C) by inserting ``and section 4502 of this
title'' after ``of this section''; and
(D) by striking ``subparagraph (A)''and
inserting ``subsection (b)''; and
(7) by adding at the end the following new
subsection:
``(f) Contract Services.--In this section, the term
`contract services' has the meaning given that term in section
4502(d)(2) of this title.''.
(f) Revision to Section 4502.--Section 4502 of such title,
as designated by subsection (d), is amended--
(1) by redesignating paragraphs (2) and (3) of
subsection (a) as paragraphs (1) and (2), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking
``subsection (a)(1)(C)'' and inserting
``section 4501(d) of this title''; and
(B) in paragraph (2), by striking
``subsection (a)(1)'' and inserting ``section
4501 of this title'';
(3) by redesignating subsection (c) as subsection
(d);
(4) by redesignating paragraph (3) of subsection
(b) as subsection (c) and redesignating subparagraphs
(A) through (F) thereof as paragraphs (1) through (6),
respectively; and
(5) in subsection (c), as so redesignated--
(A) in the matter preceding paragraph (1),
by striking ``In carrying out paragraph (1)''
and inserting ``Duties and Responsibilities.--
In carrying out subsection (b)(1),'';
(B) in paragraph (1), as so redesignated--
(i) by inserting ``and section 4501
of this title'' after ``of this
section''; and
(ii) by striking ``subsection
(a)(1)(A)'' and inserting ``section
4501(b) of this title''; and
(C) in paragraph (6), as so redesignated,
by striking ``section 2330a'' and inserting
``section 4505''.
(g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l
of Title 10.--Sections 2330a, 2329, 2331, 2383, and 2410l of
title 10, United States Code, are transferred to chapter 341 of
such title, inserted (in that order) after section 4502, as
designated by subsection (c), and redesignated as sections
4505, 4506, 4507, 4508, and 4509, respectively.
(h) Conforming Cross-reference Amendment.--Subsection
(h)(3) of section 4505 of title 10, United States Code, as
transferred and redesignated by subsection (d), is amended by
striking ``section 2383(b)(2)'' and inserting ``section
4508(b)(2)''.
(i) Conforming Amendment for Defined Term Applicable to
Section.--Subsection (b)(1) of section 4508 of title 10, United
States Code, as transferred and redesignated by subsection (g),
is amended by striking ``has the meaning given in section
2302(1) of this title, except that such term''.
(j) Placeholder for Chapter for Provisions Relating to
Acquisition of Services of Contractors Performing Private
Security Functions.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 341, as
added by this section, the following new chapter:
``CHAPTER 343--ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS
``Subchapter Sec.
``I. Contractors Performing Private Security Functions in Areas of
Combat Operations or Other Significant Military
Operations.......................................... 4541
``II. Standards and Certification for Private Security............ 4551
``SUBCHAPTER I--CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN
AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS
``Sec.
``4541. [Reserved].
``SUBCHAPTER II--STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY
CONTRACTORS
``Sec.
``4551. [Reserved].''.
SEC. 1857. ACQUISITION OF INFORMATION TECHNOLOGY.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 345 and inserting
the following:
``CHAPTER 345--ACQUISITION OF INFORMATION TECHNOLOGY
``Sec.
``4571. Information technology acquisition: planning and oversight
processes.
``4572. [Reserved].
``4573. [Reserved].
``4574. [Reserved].
``4575. [Reserved].
``4576. Requirement for consideration of certain matters during
acquisition of noncommercial computer software.''.
(b) Transfer of Section 2223a.--
(1) Section 2223a of title 10, United States Code,
is transferred to chapter 345 of such title, as amended
by subsection (a), inserted after the table of
sections, and redesignated as section 4571.
(2) The heading of such section is amended to read
as follows:
``Sec. 4571. Information technology acquisition: planning and oversight
processes''.
(c) Transfer of Section 2322a.--Section 2322a of title 10,
United States Code, is transferred to chapter 345 of such
title, as amended by subsection (a), inserted after section
4571, as added by subsection (b), and redesignated as section
4576.
Subtitle H--Contract Management
SEC. 1861. CONTRACT ADMINISTRATION.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 361 and inserting
the following:
``CHAPTER 361--CONTRACT ADMINISTRATION
``Sec.
``4601. Electronic submission and processing of claims for contract
payments.
``4602. Contracted property and services: prompt payment of vouchers.
``4603. Advance notification of contract performance outside the United
States.''.
(b) Transfer of Title 10 Sections.--Sections 2227, 2226,
and 2410g of title 10, United States Code, are transferred to
chapter 361 of such title, as amended by subsection (a),
inserted (in that order) after the table of sections at the
beginning of such chapter, and redesignated as section 4601,
4602, and 4603, respectively.
SEC. 1862. PROHIBITIONS AND PENALTIES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 363 and inserting
the following:
``CHAPTER 363--PROHIBITION AND PENALTIES
``Sec.
``4651. Expenditure of appropriations: limitation.
``4652. Prohibition on use of funds for documenting economic or
employment impact of certain acquisition programs.
``4653. Prohibition on use of funds to relieve economic dislocations.
``4654. Prohibition on doing business with certain offerors or
contractors.
``4655. Prohibition of contractors limiting subcontractor sales directly
to the United States.
``4656. Prohibition on persons convicted of defense-contract related
felonies and related criminal penalty on defense contractors.
``4657. Prohibition on criminal history inquiries by contractors prior
to conditional offer.
``4658. Debarment of persons convicted of fraudulent use of `Made in
America' labels.
``4659. Prohibition on contracting with entities that comply with the
secondary Arab boycott of Israel.
``4660. Prohibition on collection of political information.''.
(b) Transfer and Redesignation of Title 10 Sections.--The
sections of title 10, United States Code, specified in the
left-hand column of the following table are transferred to
chapter 363 of such title, as amended by subsection (a),
inserted (in the order shown in the following table) after the
table of sections at the beginning of such chapter, and
redesignated in accordance with the section numbers in the
right-hand column, as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2207 4651
2249 4652
2392 4653
2393 4654
2402 4655
2408 4656
2339 4657
2410f 4658
2410i 4659
2335 4660
------------------------------------------------------------------------
(c) Conforming Cross-reference Amendments.--
(1) Section 2343 of title 10, United States Code,
is amended by striking ``Sections 2207,'' and inserting
``Sections 4651,''.
(2) Subsection (b) of section 4657 of title 10,
United States Code, as transferred and redesignated by
subsection (b), is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(3) Section 1123 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat.1614) is amended--
(A) in subsection (b)(2), by striking
``Section 2339(a)'' and inserting ``Section
4657(a)''; and
(B) in subsection (c)(1), by striking
``section 2339'' and inserting ``section
4657''.
SEC. 1863. CONTRACTOR WORKFORCE.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 365 and inserting
the following:
``CHAPTER 365--CONTRACTOR WORKFORCE
``Sec.
``4701. Contractor employees: protection from reprisal for disclosure of
certain information.
``4702. Incentives and consideration for qualified training programs.
``4703. Displaced contractor employees: assistance to obtain
certification and employment as teachers or employment as
teachers' aides.
``4704. Defense contractors: listing of suitable employment openings
with local employment service office.''.
(b) Transfer of Title 10 Sections.--Sections 2409, 2409a,
2410j, and 2410k of title 10, United States Code, are
transferred to chapter 365 of such title, as amended by
subsection (a), inserted (in that order) after the table of
sections, and redesignated as sections 4701, 4702, 4703, and
4704, respectively.
(c) Conforming Amendments to New 4701.--Subsection (g) of
section 4701 of title 10, United States Code, as transferred
and redesignated by subsection (b), is amended--
(1) by striking ``section 2303'' in paragraph (1)
and inserting ``section 3063''; and
(2) by striking paragraph (2).
SEC. 1864. OTHER ADMINISTRATIVE MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 367 and inserting
the following:
``CHAPTER 367--OTHER ADMINISTRATIVE MATTERS
``Sec.
``4751. Determinations and decisions.
``4752. Remission of liquidated damages.
``4753. Supplies: identification of supplier and sources.
``4754. Management of purchase cards.''.
(b) Transfer of Title 10 Sections.--Sections 2310, 2312,
2384, and 2784 of title 10, United States Code, are transferred
to chapter 367 of such title, as amended by subsection (a),
inserted (in that order) after the table of sections, and
redesignated as sections 4751, 4752, 4753, and 4754,
respectively.
(c) Conforming Amendments to New Section 4751.--Section
4751 of title 10, United States Code, as transferred and
redesignated by subsection (b), is amended--
(1) in subsection (a), by striking ``made under
this chapter'' and inserting ``made under any chapter
137 legacy provision''; and
(2) in subsection (b), by striking ``section
2306(g)(1), 2307(d), or 2313(c)(2)(B)'' and inserting
``section 3531(a), 3803, or 3841(c)(2)(B)''.
Subtitle I--Defense Industrial Base
SEC. 1866. DEFENSE INDUSTRIAL BASE GENERALLY.
(a) Tables of Chapters Amendments.--The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232)), of title 10, United States Code, are amended by
striking the item relating to chapter 381 and inserting the
following:
``381. Defense Industrial Base Generally.......................... 4801
``382. Policies and Planning...................................... 4811
``383. Development, Application, & Support of Dual-Use
Technologies........................................ 4831
``384. Manufacturing Technology................................... 4841
``385. Other Technology Base Policies and Programs...............4851''.
(b) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by striking chapter 381 and inserting
the following:
``CHAPTER 381--DEFENSE INDUSTRIAL BASE GENERALLY
``Sec.
``4801. Definitions.''.
(c) Transfer of Definitions Section.--Section 2500 of such
title is transferred to chapter 381 of such title, as amended
by subsection (b), inserted after the table of sections at the
beginning, redesignated as section 4801, and amended--
(1) in the matter preceding paragraph (1), by
striking ``In this chapter'' and inserting ``In this
subpart'';
(2) in paragraph (8), by striking ``section 2505''
and ``section 2501(a)'' and inserting ``section 4816''
and ``section 4811(a)'', respectively; and
(3) by adding at the end the following new
paragraph:
``(16) The term `chapter 148 legacy provision'
means any of the following provisions of this subpart:
sections 4801, 4811-4819, 4831-4834, 4841-4843, 4851,
4852, 4861-4864, 4871, 4872, 4881-4884, 4891, and 4892,
and chapter 389.''.
(d) Conforming Cross-reference Amendments.--
(1) Section 843(c) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 2302 note) is amended--
(A) in paragraph (4), by striking ``section
2302(9)'' and inserting ``section 3021''; and
(B) in paragraph (5), by striking ``section
2500(5)'' and inserting ``section 4801(5)''.
(2) Section 2474(a)(2) of title 10, United States
Code, is amended by striking ``section 2500(1)'' and
inserting ``section 4801(1)''.
(3) Section 881 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 2501 note) is amended--
(A) in subsection (a)--
(i) in the matter preceding
paragraph (1), by striking ``section
2500'' and inserting ``section 4801'';
and
(ii) in paragraph (4), by striking
``section 2501(b)'' and inserting
``section 4811(b)''; and
(B) in subsection (c), by striking
``section 2504'' and inserting ``section
4814''.
(4) The National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2501
note) is amended--
(A) in section 812--
(i) in subsection (a)(1)(B), by
striking ``section 2501'' and inserting
``section 4811''; and
(ii) in subsection (b)(3), by
striking ``section 2507'' and inserting
``section 4817''; and
(B) in section 814(c), by striking
``section 2534'' and inserting ``section
4864''.
(5) Section 1712(c)(2) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 2536 note) is amended by striking
``section 2500'' and inserting ``section 4801''.
SEC. 1867. POLICIES AND PLANNING.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by adding after chapter 381, as
amended by the preceding section, the following new chapter:
``CHAPTER 382--POLICIES AND PLANNING
``Sec.
``4811. National security strategy for national technology and
industrial base.
``4812. National Defense Technology and Industrial Base Council.
``4813. National defense program for analysis of the technology and
industrial base.
``4814. Annual report to Congress.
``4815. Unfunded priorities of the national technology and industrial
base: annual report.
``4816. National technology and industrial base: periodic defense
capability assessments.
``4817. Industrial Base Fund.
``4818. Data collection authority of President.
``4819. Modernization of acquisition processes to ensure integrity of
industrial base.''.
(b) Transfer and Redesignation of Title 10 Sections.--The
sections of title 10, United States Code, specified in the
left-hand column of the following table are transferred to
chapter 382 of such title, as added by subsection (a), inserted
(in the order shown in the following table) after the table of
sections at the beginning of such chapter, and redesignated in
accordance with the section numbers in the right-hand column,
as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2501 4811
2502 4812
2503 4813
2504 4814
2504a 4815
2505 4816
2508 4817
2507 4818
2509 4819
------------------------------------------------------------------------
(c) Section 2506.--
(1) Insertion of text of section 2506 at end of
section 4811.--
(A) Section 4811 of such title, as
transferred and redesignated by subsection (b),
is amended by adding at the end the following
new subsection:
``(c) Department of Defense Technology and Industrial Base
Policy Guidance.--''.
(B) Subsections (a) and (b) of section 2506
of such title are transferred to the end of
subsection (c) of such section 4811, as added
by subparagraph (A), redesignated as paragraphs
(1) and (2), respectively, indented 2 ems from
the left margin, and amended--
(i) in paragraph (1), as so
redesignated, by striking ``section
2501(a) of this title'' and inserting
``subsection (a)''; and
(ii) in paragraph (2), as so
redesignated, by striking ``subsection
(a)'' and inserting ``paragraph (1)''.
(2) Conforming repeal.--Section 2506 of such title
is repealed.
(d) Conforming Cross-reference Amendments.--Sections of
chapter 382 of such title, as transferred and redesignated by
subsection (b), are amended as follows:
(1) Section 4812 is amended by striking ``section
2501(a)'' in subsection (c)(1) and inserting ``section
4811(a)''.
(2) Section 4813 is amended by striking ``section
2505'' in subsection (c)(3)(A) and inserting ``section
4816''.
(3) Section 4814 is amended--
(A) in paragraph (1), by striking ``section
2506'' and inserting ``section 4811(c)'';
(B) in paragraph (2), by striking ``section
2505'' and inserting ``section 4816''; and
(C) in paragraph (3), by striking ``section
2501'' and ``section 2505'' and inserting
``section 4811'' and ``section 4816'',
respectively.
(4) Section 4816 is amended by striking ``section
2501(a)'' in subsection (a) and inserting ``section
4811(a)''.
(5) Section 4818 is amended in subsection (a)--
(A) by striking ``of this chapter'' and
inserting ``of the chapter 148 legacy
provisions''; and
(B) by striking ``under this chapter'' and
inserting ``under those provisions''.
(6) Section 4819(f)(1)(A) is amended by striking
``section 2339a(e)'' and inserting ``section 3252(c)''.
(e) Conforming Cross-reference Amendments.--
(1) Section 2198(c) of title 10, United States
Code, is amended by striking ``section 2505'' and
``section 2501(a)'' and inserting ``section 4816'' and
``section 4811(a)'', respectively.
(2) Section 2709(a) of such title is amended by
striking ``section 2501'' and inserting ``section
4811''.
(3) Section 8685 of such title is amended by
striking ``section 2501(b)'' in subsections (a) and (c)
and inserting ``section 4811(b)''.
SEC. 1868. DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE
TECHNOLOGIES.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by adding after chapter 382, as added
by the preceding section, the following new chapter:
``CHAPTER 383--DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE
TECHNOLOGIES
``Sec.
``4831. Defense dual-use critical technology program.
``4832. Encouragement of technology transfer.
``4833. Federal Defense Laboratory Diversification Program.
``4834. Overseas foreign critical technology monitoring and assessment
financial assistance program.''.
(b) Transfer and Redesignation of Title 10 Sections.--The
sections of title 10, United States Code, specified in the
left-hand column of the following table are transferred to
chapter 383 of such title, as added by subsection (a), inserted
(in the order shown in the following table) after the table of
sections at the beginning of such chapter, and redesignated in
accordance with the section numbers in the right-hand column,
as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2511 4831
2514 4832
2519 4833
2518 4834
------------------------------------------------------------------------
(c) Conforming Cross-reference Amendments.--Sections of
chapter 383 of such title, as transferred and redesignated by
subsection (b), are amended as follows:
(1) Section 4831 is amended--
(A) in subsection (a), by striking
``section 2501(a)'' and ``section 2371'' and
inserting ``section 4811(a)'' and ``section
4002'', respectively; and
(B) in subsection (e)(1), by striking
``section 2501(a)'' and inserting ``section
4811(a)''.
(2) Section 4832 is amended in subsection (a) by
striking ``section 2501(a)'' and inserting ``section
4811(a)''.
(3) Section 4833 is amended--
(A) in subsection (a), by striking
``section 2501(a)'' and inserting ``section
4811(a)'';
(B) in subsection (c)(1), by striking
``section 2371'' and inserting ``section
4002'';
(C) in subsection (d)(2), by striking
``section 2511(c)(2)'' and inserting ``section
4831(c)(2)''; and
(D) in subsection (f), by striking
``section 2511(e)'' and inserting ``section
4831(e)''.
SEC. 1869. MANUFACTURING TECHNOLOGY.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by adding after chapter 383, as added
by the preceding section, the following new chapter:
``CHAPTER 384--MANUFACTURING TECHNOLOGY
``Sec.
``4841. Manufacturing Technology Program.
``4842. Joint Defense Manufacturing Technology Panel.
``4843. Armament retooling and manufacturing.''.
(b) Transfer and Redesignation of Section 2521.--
(1) Transfer and redesignation.--Section 2521 of
title 10, United States Code, is transferred to chapter
384 of such title, as added by subsection (a), inserted
after the table of sections at the beginning of such
chapter, and redesignated as section 4841.
(2) Conforming cross-reference amendments.--Such
section is amended--
(A) in subsection (a), by striking
``section 2501(a)'' and inserting ``section
4811(a)''; and
(B) in subsection (d)(1), by striking
``section 2374'' and inserting ``section
4008''.
(c) Designation of Former Section 2521(e) as Section
4842.--
(1) Such chapter is further amended--
(A) by transferring subsection (f) of
section 4841 within that section so as to
appear after subsection (d) and redesignating
that subsection as subsection (e); and
(B) by redesignating as section 4842 the
subsection (e) following the subsection
transferred and redesignated by subparagraph
(A) and inserting at the beginning of such
section 4842 the following section heading:
``Sec. 4842. Joint Defense Manufacturing Technology Panel''.
(2) Section 4842 of title 10, United States Code,
as designated by paragraph (1)(B), is amended--
(A) by striking ``(e) Joint Defense
Manufacturing Technology Panel.--'';
(B) by redesignating paragraphs (1) through
(6) as subsections (a) through (f),
respectively;
(C) in subsection (b), as so redesignated,
by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in subsection (c), as so redesignated,
by redesignating subparagraphs (A), (B), and
(C) as paragraphs (1), (2), and (3)
respectively;
(E) in subsection (d), as so redesignated--
(i) by striking ``paragraph (3)''
and inserting ``subsection (c)''; and
(ii) by redesignating subparagraphs
(A), (B), (C), and (D) as paragraphs
(1), (2), (3), and (4), respectively;
and
(F) in subsection (e), as so redesignated,
by striking ``this paragraph'' and inserting
``this subsection''.
(d) Transfer and Redesignation of Section 2522.--Section
2522 of title 10, United States Code, is transferred to chapter
384 of such title, as added by subsection (a), inserted after
section 4842, as designated by subsection (c)(1)(B), and
redesignated as section 4843.
(e) Conforming Cross-reference Amendment.--Section
1644(f)(1) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2224
note) is amended by striking ``section 2521'' and inserting
``section 4841''.
SEC. 1870. OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by adding after chapter 384, as added
by the preceding section, the following new chapter:
``CHAPTER 385--OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS
``Subchapter Sec.
``I. Defense Trade Reciprocity and Offset Policy.................. 4851
``II. Limitations on Procurement of Certain Items from Foreign
Sources............................................. 4861
``III. Limitations on Procurement from Certain Foreign Sources.... 4871
``IV. Defense Industrial Reserve and Industrial Mobilization...... 4881
``V. Other Matters................................................ 4891
``SUBCHAPTER I--DEFENSE TRADE RECIPROCITY AND OFFSET POLICY
``Sec.
``4851. Defense memoranda of understanding and related agreements.
``4852. Offset policy; notification.''.
(b) Transfer and Redesignation of Sections 2531 and 2532.--
Sections 2531 and 2532 of title 10, United States Code, are
transferred to chapter 385 of such title, as added by
subsection (a), inserted after the table of sections at the
beginning of subchapter I, and redesignated as sections 4851
and 4852, respectively.
(c) Subchapter Ii.--
(1) Designation of subchapter ii.--Chapter 385 of
title 10, United States Code, is further amended by
adding after subchapter I, as amended by subsection
(b), the following:
``SUBCHAPTER II--LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM
FOREIGN SOURCES
``Sec.
``4861. Determinations of public interest under chapter 83 of title 41.
``4862. Requirement to buy certain articles from American sources;
exceptions.
``4863. Requirement to buy strategic materials critical to national
security from American sources; exceptions.
``4864. Miscellaneous limitations on the procurement of goods other than
United States goods.''.
(2) Transfer and redesignation of sections 2533,
2533a, 2533b, and 2534.--Sections 2533, 2533a, 2533b,
and 2534 of title 10, United States Code, are
transferred to chapter 385 of such title, as added by
subsection (a), inserted (in that order) after the
table of sections at the beginning of subchapter II,
and redesignated as sections 4861, 4862, 4863, and
4864, respectively.
(3) Conforming cross-reference amendments.--Section
4864 of such title, as so transferred and redesignated,
is amended--
(A) in subsection (d)(3), by striking by
striking ``section 2531'' and inserting
``section 4851'';
(B) in subsection (e)(3), by striking
``section 2532(d)(1)'' and inserting ``section
4852(d)(1)''; and
(C) in paragraph (2)(B) of the first
subsection (k) (relating to ``Limitation on
certain procurements application process''), by
striking ``section 2500(1)'' both places it
appears and inserting ``section 4801(1)''.
(4) Additional technical amendments.--Section 4864
of such title, as so transferred and redesignated, is
further amended by redesignating the second subsection
(k) (added by section 853(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92)) as subsection (l).
(5) Conforming amendment.--Section 854(a)(2) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2533b note) is amended by
striking ``section 2533a(b)'' and inserting ``section
4862(b)''.
(6) Cross-reference amendments.--
(A) Section 2375(e)(2) of title 10, United
States Code, is amended by striking ``section
2533a'' and ``section 2533b'' and inserting
``section 4862'' and ``section 4863'',
respectively.
(B) Section 8118 of Public Law 108-287 (10
U.S.C. 2533a note) is amended by striking
``section 2533a(f)'' and inserting ``section
4862(f)''.
(C) Section 187(b)(5) of title 10, United
States Code, is amended by striking ``section
2533b'' and inserting ``section 4863''.
(d) Subchapter Iii.--
(1) Designation of subchapter iii.--Chapter 385 of
title 10, United States Code, is further amended by
adding after subchapter II, as added by subsection
(c)(1), the following:
``SUBCHAPTER III--LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN
SOURCES
``Sec.
``4871. Acquisition of sensitive materials from non-allied foreign
nations: prohibition.
``4872. Award of certain contracts to entities controlled by a foreign
government: prohibition.''.
(2) Transfer and redesignation of sections 2533c
and 2536.--Sections 2533c and 2536 of title 10, United
States Code, are transferred to chapter 385 of such
title, as added by subsection (a), inserted (in that
order) after the table of sections at the beginning of
subchapter III, and redesignated as sections 4871 and
4872, respectively.
(3) Cross-reference and clerical amendments.--
(A) Section 4871 of such title, as so
transferred and redesignated, is amended by
striking ``section 2533b(m)'' in subsection
(d)(3) and inserting ``section 4863(m)''.
(B) The heading of such section is amended
to read as follows:
``Sec. 4871. Acquisition of sensitive materials from non-allied foreign
nations: prohibition''.
(4) Conforming cross-reference amendment.--Section
2572(e)(2)(A) of title 10, United States Code, is
amended by striking ``section 2536(c)(1)'' and
inserting ``section 4872(c)(1)''.
(e) Subchapter Iv.--
(1) Designation of subchapter iv.--Chapter 385 of
title 10, United States Code, is further amended by
adding after subchapter III, as added by subsection
(d), the following:
``SUBCHAPTER IV--DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION
``Sec.
``4881. Defense Industrial Reserve.
``4882. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations.
``4883. Industrial mobilization: plants; lists.
``4884. Industrial mobilization: Board on Mobilization of Industries
Essential for Military Preparedness.''.
(2) Transfer and redesignation of sections 2535,
2538, 2539, and 2539a.--
(A) In general.--Sections 2535, 2538, 2539,
and 2539a of title 10, United States Code, are
transferred to chapter 385 of such title, as
added by subsection (a), inserted (in that
order) after the table of sections at the
beginning of subchapter IV, and redesignated as
sections 4881, 4882, 4883, and 4884,
respectively.
(B) Cross-reference amendment.--Section
4884 of such title, as so transferred and
redesignated, is amended by striking ``sections
2538 and 2539'' and inserting ``sections 4882
and 4883''.
(f) Subchapter V.--
(1) Designation of subchapter v.--Chapter 385 of
title 10, United States Code, is further amended by
adding after subchapter IV, as added by subsection (e),
the following:
``SUBCHAPTER V--OTHER MATTERS
``Sec.
``4891. Improved national defense control of technology diversions
overseas.
``4892. Availability of samples, drawings, information, equipment,
materials, and certain services.''.
(2) Transfer and redesignation of sections 2537 and
2539b.--Sections 2537 and 2539b of title 10, United
States Code, are transferred to chapter 385 of such
title, as added by subsection (a), inserted (in that
order) after the table of sections at the beginning of
subchapter V, and redesignated as sections 4891 and
4892, respectively.
SEC. 1871. SMALL BUSINESS PROGRAMS.
(a) In General.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended--
(1) by striking chapter 285; and
(2) by adding at the end the following new chapter:
``CHAPTER 387--SMALL BUSINESS PROGRAMS
``Subchapter Sec.
``I. General...................................................... 4901
``SUBCHAPTER I--GENERAL
``Sec.
``4901. Department of Defense small business strategy.''.
(b) Transfer of Section 2283.--Section 2283 of title 10,
United States Code, is transferred to chapter 387 of such
title, as added by paragraph (1), inserted after the table of
sections at the end of subchapter I, redesignated as section
4901, and amended in subsections (b)(3) and (e) by striking
``chapter 142'' and inserting ``chapter 388''.
SEC. 1872. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) New Chapter.--
(1) In general.--Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), is amended--
(A) by striking chapter 385 (as enacted by
that Act); and
(B) by adding after chapter 387, as added
by the preceding section, the following new
chapter:
``CHAPTER 388--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
``Sec.
``4951. Purposes; definitions; regulations.
``4952. Cooperative agreements.
``4953. Funding.
``4954. Distribution.
``4955. Subcontractor information.
``4956. Authority to provide certain types of technical assistance.
``4957. Advancing small business growth.
``4958. [Reserved].
``4959. Administrative and other costs.
``Sec. 4951. Purposes; definitions; regulations''.
(2) Transfer of section 2412.--The text of section
2412 of title 10, United States Code, is transferred to
section 4951 of such title, as added by paragraph (1),
inserted after the section heading, designated as
subsection (a), and amended by inserting ``Purposes.--
'' before ``The purposes of the program''.
(3) Transfer of section 2411.--
(A) Transfer.--The text of section 2411 of
title 10, United States Code, is transferred to
section 4951 of such title, as added by
paragraph (1), inserted after subsection (a),
as added by paragraph (2), designated as
subsection (b), and amended by inserting
``Definitions.--'' before ``In this chapter''.
(B) Preservation of future amendment.--
Section 852(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1511; 10 U.S.C. 2411
note) is amended by striking ``section
2411(3)'' and inserting ``section 4951(b)(3)'',
except that if the effective date of this
section is after October 1, 2021, such
amendment shall not be made.
(4) Transfer of section 2420.--The text of section
2420 of title 10, United States Code, is transferred to
section 4951 of such title, as added by paragraph (1),
inserted after subsection (b), as added by paragraph
(3), designated as subsection (c), and amended by
inserting ``Regulations.--'' before ``The Secretary of
Defense''.
(5) Transfer of section 2413.--Section 2413 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4951, redesignated as section
4952, and amended--
(A) in subsection (a), by inserting
``Authority.--'' after ``(a)'';
(B) in subsection (b)--
(i) by inserting ``Agreements.--''
before ``Under any such'' ; and
(ii) by striking ``section
2419(b)'' in paragraph (2) and
inserting ``section 4957(b)'';
(C) in subsection (c), by inserting
``Distribution of Programs.--'' after ``(c)'';
(D) in subsection (d), by inserting
``Weight to Be Given Successful Past
Performance.--'' after ``(d)''; and
(E) in subsection (e), by inserting
``Determination of Level of Funding.--'' after
``(e)''.
(6) Transfer of section 2414.--Section 2414 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4952, as transferred and
redesignated by paragraph (5), redesignated as section
4953, and amended--
(A) by striking ``clause'' in paragraphs
(1) and (2) of subsection (a) and inserting
``paragraph'';
(B) by striking ``section 2411(1)(D)'' in
subsections (a)(3), (a)(4), and (b) and
inserting ``section 4951(b)(1)(D)''; and
(C) in subsection (c), by striking
``section 2419(b)'' and inserting ``section
4957(b)''.
(7) Transfer of section 2415.--Section 2415 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4953, as transferred and
redesignated by paragraph (6), and redesignated as
section 4954.
(8) Transfer of section 2416.--Section 2416 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4954, as transferred and
redesignated by paragraph (7), redesignated as section
4955, and amended--
(A) in subsection (a), by inserting
``Contractors to Provide Information.--'' after
``(a)'';
(B) in subsection (b), by inserting
``Information to Be Provided.--'' after
``(b)'';
(C) in subsection (c), by inserting
``Frequency.--'' after ``(c)''; and
(D) in subsection (d), by inserting
``Definition.--'' after ``(d)''.
(9) Transfer of section 2418.--Section 2418 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4955, as transferred and
redesignated by paragraph (8), redesignated as section
4956, and amended--
(A) in subsection (a), by inserting
``Assistance Relating to Certain Non-defense
Contracts.--'' after ``(a)'';
(B) in subsection (b), by inserting
``Information Relating to Assistance and Other
Programs Available.--'' after ``(b)''; and
(C) in subsection (c), by inserting
``Education on Requirements Applicable to Small
Businesses Under Certain Regulations.--'' after
``(c)''.
(10) Transfer of section 2419.--Section 2419 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),
inserted after section 4956, as transferred and
redesignated by paragraph (7), and redesignated as
section 4957.
(11) Transfer of section 2417.--Section 2417 of
title 10, United States Code, is transferred to chapter
385 of such title, as amended by paragraph (1),inserted
after section 4957, as added by paragraph (10), and
redesignated as section 4959.
(b) Conforming Repeal of Chapter 142.--
(1) Repeal.--Chapter 142 of title 10, United States
Code, is repealed.
(2) Clerical amendments.--The tables of chapters at
the beginning of subtitle A, and at the beginning of
part IV of subtitle A, of title 10, United States Code,
are amended by striking the items relating to chapter
142.
SEC. 1873. LOAN GUARANTEE PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended--
(1) by striking chapter 383 (as enacted by that
Act); and
(2) by adding after chapter 388, as added by the
preceding section, the following new chapter:
``CHAPTER 389--LOAN GUARANTEE PROGRAMS
``Subchapter Sec.
``I. Defense Export Loan Guarantees............................... 4971
``II. Critical Infrastructure Protection Loan Guarantees.........4981''.
(b) Transfer of Existing Provisions.--Subchapters VI and
VII of chapter 148 of title 10, United States Code, are
transferred to chapter 389 of such title, as added by
subsection (a), inserted after the table of subchapters at the
beginning of the chapter, and redesignated as subchapters I and
II, respectively.
(c) Redesignation of Sections.--
(1) Subchapter i.--Sections 2540, 2540a, 2540b,
2540c and 2540d of such title are redesignated as
sections 4971, 4972, 4973, 4974, and 4975,
respectively, and the items relating to those sections
in the table of sections at the beginning of subchapter
I of chapter 389, as transferred and redesignated by
subsection (b), are amended to conform to the
redesignations in this paragraph.
(2) Subchapter ii.--Sections 2541, 2541a, 2541b,
2541c and 2541d of such title are redesignated as
sections 4981, 4982, 4983, 4984, and 4985,
respectively, and the items relating to those sections
in the table of sections at the beginning of subchapter
II of chapter 389, as transferred and redesignated by
subsection (b), are amended to conform to the
redesignations in this paragraph.
(d) Conforming Cross-reference Amendments in 2540 Note
Section.--Section 8065 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 10 U.S.C. 2540
note), is amended--
(1) by striking ``subchapter VI of chapter 148''
both places it appears and inserting ``subchapter I of
chapter 389''; and
(2) by striking ``section 2540c(d)'' and inserting
``section 4974(d)''.
(e) Cross-reference Amendments in Subchapter Ii.--
Subchapter II of chapter 389 of such title, as transferred and
redesignated by subsection (b), is amended--
(1) in subsection (b)(5) of section 4981, as
redesignated by subsection (c)(2), by striking
``section 2541d'' and inserting ``section 4985'';
(2) in subsection (b) of section 4983, as
redesignated by subsection (c)(2), by striking
``section 2541a(c)'' and inserting ``section 4982(c)'';
and
(3) in section 4984, as redesignated by subsection
(c)(2)--
(A) in the matter preceding paragraph (1),
by striking ``subchapter VI'' and inserting
``subchapter I'';
(B) in paragraph (1), by striking ``Section
2540a'' and inserting ``Section 4972'';
(C) in paragraph (2), by striking ``section
2540b'' and inserting ``section 4973''; and
(D) in paragraph (3), by striking ``Section
2540d(2)'' and inserting ``Section 4975(2)''.
(f) Clerical Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are amended--
(1) by striking the items relating to chapters 285,
383, and 385; and
(2) by adding at the end the following new items:
``387. Small Business Programs.................................... 4901
``388. Procurement Technical Assistance Cooperative Agreement
Program............................................. 4951
``389. Loan Guarantee Programs...................................4971''.
Subtitle J--Other Matters
SEC. 1876. RECODIFICATION OF CERTAIN TITLE 10 PROVISIONS RELATING TO
CONTRACT FINANCING FOR CERTAIN NAVY CONTRACTS.
(a) Recodification of Paragraph (1) of 10 u.s.c. 2307(g).--
Chapter 863 of title 10, United States Code, is amended by
inserting after section 8684 a new section 8684a consisting
of--
(1) a heading as follows:
``Sec. 8684a. Repair, maintenance, or overhaul of naval vessels: rate
for progress payments''; and
(2) a text consisting of the text of paragraph (1)
of section 2307(g) of title 10, United States Code,
revised by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(b) Recodification of Paragraph (3).--Such chapter is
further amended by inserting after section 8688 a new section
8688a consisting of--
(1) a heading as follows:
``Sec. 8688a. Construction and conversion of naval vessels: liens'';
and
(2) a text consisting of the text of paragraph (3)
of section 2307(g) of such title.
(c) Recodification of Paragraph (2).--Subsection (c) of
section 8702 of such title is amended--
(1) by striking the first two words of the
subsection heading; and
(2) by striking the text of that subsection and
inserting the text of paragraph (2) of section 2307(g)
of such title, amended by striking ``this paragraph''
in the second sentence and inserting ``this
subsection''.
(d) Clerical Amendments.--The table of sections at the
beginning of chapter 863 of such title is amended--
(1) by inserting after the item relating to section
8684 the following new item:
``8684a. Repair, maintenance, or overhaul of naval vessels: rate for
progress payments.'';
(2) by inserting after the item relating to section
8688 the following new item:
``8688a. Construction and conversion of naval vessels: liens.''.
(e) Conforming Repeal.--Section 2307(g) of such title is
repealed.
SEC. 1877. RECODIFICATION OF TITLE 10 STATUTE ON CADRE OF PERSONNEL WHO
ARE INTELLECTUAL PROPERTY EXPERTS.
(a) New Section in Acquisition Workforce Chapter.--Chapter
87 of title 10, United States Code, is amended by inserting
after section 1706 the following new section:
``Sec. 1707. Cadre of intellectual property experts''.
(b) Transfer of 10 u.s.c. 2322(b).--Subsection (b) of
section 2322 of title 10, United States Code, is transferred to
section 1707 of such title, as added by subsection (a),
inserted after the section heading, redesignated as subsection
(a), and amended--
(1) by striking ``Cadre of Intellectual Property
Experts.--(1) The Secretary'' and inserting ``Cadre.--
The Secretary''; and
(3) by redesignating paragraphs (2), (3), and (4)
as subsections (b), (c), and (d), respectively.
(c) Amendments to New 1707(b).--Subsection (b) of such
section 1707, as so redesignated, is amended--
(1) by inserting ``Leadership Structure.--'' before
``The Under'';
(2) by striking ``Secretary shall establish'' and
inserting ``Secretary--
``(1) shall establish''; and
(3) by striking ``managed, and shall determine''
and inserting ``managed; and
``(2) shall determine''.
(d) Amendments to New 1707(c).--Subsection (c) of such
section 17017, as so redesignated, is amended--
(1) by inserting ``Duties.--'' before ``The
cadre''; and
(2) by redesignating subparagraphs (A) through (F)
as paragraphs (1) through (6), respectively.
(e) Amendments to New 1707(d).--Subsection (d) of such
section 1707, as so redesignated, is amended--
(1) by striking ``(A) In order to'' and inserting
``Administration.--
``(1) In order to'';
(2) by redesignating subparagraphs (B) through (F)
as paragraphs (2) through (6), respectively, and
realigning such paragraphs 2 ems from the left margin;
(3) in paragraph (1) of such subsection (d), as
redesignated by paragraph (1) of this subsection--
(A) in the first sentence--
(i) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and
(ii) by striking ``paragraph (2)''
and inserting ``subsection (b)''; and
(B) in the third sentence, by striking
``subparagraphs (B), (C), (D), and (F)'' and
inserting ``paragraphs (2), (3), (4), and
(6)''; and
(4) in paragraph (4), as redesignated by paragraph
(2), by striking ``section 2320'' and inserting
``section 3775(a)''.
SEC. 1878. TRANSFER OF TITLE 10 SECTION RELATING TO NOTIFICATION OF
NAVY PROCUREMENT PRODUCTION DISRUPTIONS.
(a) Transfer of Section 2339b.--Section 2339b of title 10,
United States Code, as added by section 820 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), is transferred to chapter 873 of such title, inserted
before section 8752, and redesignated as section 8751.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 873 of such title is amended by inserting
before the item relating to section 8752 the following new
item:
``8751. Notification of Navy procurement production disruptions.''.
SEC. 1879. TRANSFER OF TITLE 10 SECTION RELATING TO ENERGY SECURITY.
(a) Transfer.--Section 2410q of title 10, United States
Code, is transferred to subchapter II of chapter 173 of such
title, inserted after section 2922h, and redesignated as
section 2922i.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2922i. Multiyear contracts: purchase of electricity from renewable
energy sources.''.
SEC. 1880. PART IV HEADING.
(a) Heading.--The heading of part IV of subtitle A of title
10, United States Code, is amended to read as follows:
``PART IV--SERVICE, SUPPLY, AND PROPERTY''.
(b) Table of Chapters.--The item relating to the heading of
part IV in the table of chapters at the beginning of subtitle A
of such title is amended to read as follows:
``Part IV--Service, Supply, and Property''.
SEC. 1881. REPEAL OF CHAPTERS 137, 139, 144, AND 148.
(a) Repeal.--Chapters 137, 139, 144, and 148 of title 10,
United States Code, are repealed.
(b) Table of Chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of such title are amended by striking the items
relating to chapters 137, 139, 144, and 148.
SEC. 1882. REVISION OF CHAPTER 141.
(a) Chapter Heading.--
(1) The heading of chapter 141 of title 10, United
States Code, is amended to read as follows:
``PART 141--MISCELLANEOUS PROVISIONS RELATING TO PROPERTY''.
(2) The items relating to such chapter in the table
of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of such title are
amended to read as follows:
``141. Miscellaneous Provisions Relating to Property.............2381''.
(b) Consolidation of Remaining Sections of Chapter 141.--
Sections 2410r and 2410s of such title are transferred within
chapter 141 of such title to appear (in that order) before
section 2389 and are redesignated as sections 2387 and 2388,
respectively.
(c) Table of Sections.--The table of sections at the
beginning of such chapter is amended to read as follows:
``Sec.
``2385. Arms and ammunition: immunity from taxation.
``2387. Contract working dogs: requirement to transfer animals to 341st
Training Squadron after service life.
``2388. Security clearances for facilities of certain companies.
``2389. Ensuring safety regarding insensitive munitions.
``2390. Prohibition on the sale of certain defense articles from the
stocks of the Department of Defense.
``2391. Military base reuse studies and community planning assistance.
``2396. Advances for payments for compliance with foreign laws, rent in
foreign countries, tuition, public utility services, and pay
and supplies of armed forces of friendly foreign countries.''.
SEC. 1883. REFERENCES.
(a) Definitions.--In this section:
(1) Redesignated section.--The term ``redesignated
section'' means a section of title 10, United States
Code, that is redesignated by this title, as that
section is so redesignated.
(2) Source section.--The term ``source section''
means a section of title 10, United States Code, that
is redesignated by this title, as that section was in
effect before the redesignation.
(b) Reference to Source Section.--
(1) Treatment of reference.--Except as otherwise
provided in this title, a reference to a source
section, including a reference in a regulation, order,
or other law, is deemed to refer to the corresponding
redesignated section.
(2) Title 10.--Except as otherwise provided in this
title, in title 10, United States Code, each reference
in the text of such title to a source section is
amended by striking such reference and inserting a
reference to the appropriate redesignated section.
SEC. 1884. SAVINGS PROVISIONS.
(a) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a provision of title 10, United States Code,
redesignated by this title continues in effect under the
provision as so redesignated.
(b) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a provision of title 10, United
States Code, redesignated by this title is deemed to have been
taken or committed under the provision as so redesignated.
SEC. 1885. RULE OF CONSTRUCTION.
This title, including the amendments made by this title, is
intended only to reorganize title 10, United States Code, and
may not be construed to alter--
(1) the effect of a provision of title 10, United
States Code, including any authority or requirement
therein;
(2) a department or agency interpretation with
respect to title 10, United States Code; or
(3) a judicial interpretation with respect to title
10, United States Code.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2021''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2024.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2024 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Limitation on military construction project at Kwajalein
Atoll.
Sec. 2105. Modification of authority to carry out fiscal year 2017
project at Camp Walker, Korea.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Wainwright.................................. $114,000,000
Arizona..................................... Yuma Proving Ground.............................. $14,000,000
California.................................. Military Ocean Terminal Concord.................. $46,000,000
Colorado.................................... Fort Carson...................................... $28,000,000
Georgia..................................... Fort Gillem...................................... $71,000,000
Fort Gordon...................................... $80,000,000
Hawaii...................................... Aliamanu Military Reservation.................... $71,000,000
Schofield Barracks............................... $39,000,000
Wheeler Army Airfield............................ $89,000,000
Louisiana................................... Fort Polk........................................ $25,000,000
Oklahoma.................................... McAlester AAP.................................... $35,000,000
South Carolina.............................. Fort Jackson..................................... $7,000,000
Virginia.................................... Humphreys Engineer Center........................ $51,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation outside the United States, and in the amount, set
forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Italy....................................... Casmera Renato Dal Din........................... $10,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of
units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $84,100,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $32,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an
amount not to exceed $3,300,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT KWAJALEIN
ATOLL.
The Secretary of the Army may not commence the military
construction project authorized by section 2102(a) at Kwajalein
Atoll, as specified in the funding table in section 4601, and
none of the funds authorized to be appropriated by this Act for
that military construction project may be obligated or
expended, until the Secretary submits to Committees on Armed
Services of the House of Representatives and the Senate a
design plan for the project that ensures that, upon completion
of the project, the project will be resilient to 15 inches of
sea level fluctuation and periods of complete inundation and
wave-overwash predicted during the 10-year period beginning on
the date of the enactment of this Act.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2017
PROJECT AT CAMP WALKER, KOREA.
In the case of the authorization contained in the table in
section 2102(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2689) for Camp
Walker, Korea, the Secretary of the Army may construct an
elevated walkway between two existing parking garages to
connect children's playgrounds using amounts available for
Family Housing New Construction, as specified in the funding
table in section 4601 of such Act (130 Stat. 2883).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing
units.
Sec. 2203. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Camp Pendleton................................. $115,530,000
Lemoore......................................... $187,220,000
Point Mugu...................................... $26,700,000
Port Hueneme.................................... $43,500,000
San Diego....................................... $128,500,000
Seal Beach...................................... $46,800,000
Twentynine Palms................................ $76,500,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam.................. $114,900,000
Maine........................................ Kittery......................................... $715,000,000
NCTAMS LANT Detachment Cutler................... $26,100,000
Nevada....................................... Fallon.......................................... $29,040,000
North Carolina............................... Cherry Point.................................... $51,900,000
Virginia..................................... Norfolk......................................... $39,800,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island................................ SW Asia......................................... $68,340,000
El Salvador................................... Comalapa........................................ $28,000,000
Greece........................................ Souda Bay....................................... $50,180,000
Guam.......................................... Andersen Air Force Base......................... $21,280,000
Joint Region Marianas........................... $546,550,000
Spain......................................... Rota............................................ $60,110,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in
the funding table in section 4601, the Secretary of the Navy
may carry out architectural and engineering services and
construction design activities with respect to the construction
or improvement of family housing units in an amount not to
exceed $5,854,000.
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$37,043,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing and improvements to military family housing
units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year
2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year
2020 projects.
Sec. 2307. Technical corrections related to authority to carry out
certain fiscal year 2020 family housing projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Edwards Air Force Base...................... $40,000,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $22,000,000
South Dakota................................... Ellsworth Air Force Base.................... $96,000,000
Texas.......................................... Joint Base San Antonio...................... $19,500,000
Utah........................................... Hill Air Force Base......................... $132,000,000
Virginia....................................... Joint Base Langley-Eustis................... $19,500,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Andersen Air Force Base..................... $56,000,000
Qatar.......................................... Al Udeid.................................... $26,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and
available for military family housing functions as specified in
the funding table in section 4601, the Secretary of the Air
Force may carry out architectural and engineering services and
construction design activities with respect to the construction
or improvement of family housing units in an amount not to
exceed $2,969,000.
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $94,245,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding table
in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 may not exceed the total amount authorized
to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1826) for Royal Air Force Lakenheath,
United Kingdom, for construction of a 2,384 square-meter
Consolidated Corrosion Control Facility, as specified in the
funding table in section 4601 of such Act (131 Stat. 2004), the
Secretary of the Air Force may construct a 2,700 square-meter
Consolidated Corrosion Control and Wash Rack Facility.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in
section 2301(b) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1826) is amended in the item relating to Royal Air
Force Lakenheath, United Kingdom, by striking
``$136,992,000'' and inserting ``$172,292,000'' to
reflect the project modification made by subsection
(a).
(2) Division d table.--The funding table in section
4601 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 2004) is
amended in the item relating to Royal Air Force
Lakenheath, Consolidated Corrosion Control Facility, by
striking ``$20,000'' in the Conference Authorized
column and inserting ``$55,300'' to reflect the project
modification made by subsection (a).
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Eielson Air Force Base, Alaska.--In the case of the
authorization contained in the table in section 2301(a) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2246) for Eielson Air
Force Base, Alaska, for construction of a F-35 CATM Range, as
specified in the funding table in section 4601 of that Act (132
Stat. 2404), the Secretary of the Air Force may construct a 600
square meter non-contained (outdoor) range with covered and
heated firing line.
(b) Barksdale Air Force Base, Louisiana.--
(1) Modification of project authority.--In the case
of the authorization contained in table in section
2301(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2246) for Barksdale Air Force Base,
Louisiana, for construction of an Entrance Road and
Gate Complex the Secretary of the Air Force may
construct a 190 square meter visitor control center, 44
square meter gate house, 124 square meter privately
owned vehicle inspection facility, 338 square meter
truck inspection facility and a 45 square meter
gatehouse.
(2) Project conditions.--The military construction
project referred to in paragraph (1) shall be carried
out consistent with the Unified Facilities Criteria
relating to Entry Control Facilities and applicable
construction guidelines of the Department of the Air
Force. Construction in a flood plain is authorized,
subject to the condition that the Secretary of the Air
Force include appropriate mitigation measures.
(3) Modification of project amounts.--
(A) Division b table.--The authorization
table in section 2301(a) of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2246)
is amended in the item relating to Barksdale
Air Force Base, Louisiana, by striking
``$12,250,000'' and inserting ``$48,000,000''
to reflect the project modification made by
paragraph (1).
(B) Division d table.--The funding table in
section 4601 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2404) is amended
in the item relating to Barksdale Air Force
Base, Louisiana, by striking ``$12,250'' in the
Conference Authorized column and inserting
``$48,000'' to reflect the project modification
made by paragraph (1).
(c) Royal Air Force Lakenheath, United Kingdom.--In the
case of the authorization contained in the table in section
2301(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2247)
for Royal Air Force Lakenheath, United Kingdom, for
construction of a 485 square-meter F-35A ADAL Conventional
Munitions MX, as specified in the funding table of section 4601
of such Act (132 Stat. 2405), the Secretary of the Air Force
may construct a 1,206 square-meter maintenance facility for
such purpose.
(d) Force Protection and Safety.--The funding table in
section 4601 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2406) is amended in the item relating to Force Protection
and Safety under Military Construction, Air Force, by striking
``$35,000'' in the Conference Authorized column and inserting
``$50,000'' to reflect amounts appropriated for such purpose.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECTS.
(a) Tyndall Air Force Base, Florida.--In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1913) for Tyndall Air Force Base,
Florida--
(1) for construction of Auxiliary Ground Equipment
Facility, as specified in the funding table in section
4603 of that Act (133 Stat. 2103), the Secretary of the
Air Force may construct up to 5,043 square meters of
aircraft support equipment storage;
(2) for construction of Ops/Aircraft Maintenance
Unit/Hanger Number 2, as specified in such funding
table, the Secretary of the Air Force may construct--
(A) up to 2,584 square meters of squadron
operations; and
(B) up to 2,880 square meters of aircraft
maintenance unit;
(3) for construction of Ops/Aircraft Maintenance
Unit/Hanger Number 3, as specified in such funding
table, the Secretary of the Air Force may construct--
(A) up to 2,584 square meters of squadron
operations; and
(B) up to 2,880 square meters of aircraft
maintenance unit;
(4) for construction of Operations Group/
Maintenance Group HQ, as specified in such funding
table, the Secretary of the Air Force may construct up
to 3,479 square meters of headquarters;
(5) for construction of Security Forces Mobility
Storage Facility, as specified in such funding table,
the Secretary of the Air Force may construct up to 930
square meters of equipment storage;
(6) for construction of Site Development, Utilities
& Demo Phase 2, as specified in such funding table, the
Secretary of the Air Force may construct--
(A) up to 3,039 meters of storm water
piping, box culverts, underground detention,
and grading for surface detention;
(B) up to 6,136 meters of water lines;
(C) up to 11,171 meters of communications
lines;
(D) up to 48,245 square meters of roads;
(E) up to 25,979 meters of electrical
lines; and
(F) up to 618 square meters of pump house
facility;
(7) for construction of Lodging Facilities Phases
1-2, as specified in such funding table, the Secretary
of the Air Force may construct up to 20,361 square
meters of visiting quarters;
(8) for construction of Dorm Complex Phases 1-2, as
specified in such funding table, the Secretary of the
Air Force may construct up to 24,792 square meters of
permanent party dormitory;
(9) for construction of Tyndall AFB Gate Complex,
as specified in such funding tale, the Secretary of the
Air Force may construct--
(A) up to 139 square meters of gate houses;
(B) up to 1,747 square meters of canopies;
(C) up to 555 square meters of vehicle
inspection ports; and
(D) 19 each active/passive barriers;
(10) for construction of Aircraft Wash Rack, as
specified in such funding table, the Secretary of the
Air Force may construct--
(A) up to 2,307 square meters of corrosion
control; and
(B) up to 1,621 square meters of aircraft
wash rack in a hangar facility;
(11) for construction of Deployment Center/Flight
Line Dining/AAFES, as specified in such funding table,
the Secretary of the Air Force may construct--
(A) up to 3,707 square meters of deployment
processing center; and
(B) up to 128 square meters of AAFES
(Shoppette);
(12) for construction of Airfield Drainage, as
specified in such funding table, the Secretary of the
Air Force may construct up to 37,357 square meters of
drainage ditch;
(13) for construction of 325th Fighter Wing HQ
Facility, as specified in such funding table, the
Secretary of the Air Force may construct--
(A) up to 3,301 square meters of 325th
Fighter Wing HQ building; and
(B) up to 697 square meters of command
post; and
(14) for construction of Community Commons
Facility, as specified in such funding table, the
Secretary of the Air Force may construct--
(A) up to 1,080 square meters of recreation
center;
(B) up to 974 square meters of arts and
crafts center;
(C) up to 2,048 square meters of bowling
center; and
(D) up to 1,537 square meters of library.
(b) Offutt Air Force Base, Nebraska.--In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1913) for Offutt Air Force Base,
Nebraska--
(1) for construction of an Emergency Power
Microgrid, as specified in the funding table in section
4603 of such Act (133 Stat. 2104), the Secretary of the
Air Force may construct seven 2.5-megawatt diesel
engine generators, seven diesel exhaust fluid systems,
15-kV switchgear, two import/export inter-ties, five
import-only inter-ties, and 800 square meters of
switchgear facility;
(2) for construction of a Flightline Hangars
Campus, as specified in such funding table, the
Secretary of the Air Force may construct 445 square
meter of petroleum operations center, 268 square meters
of de-icing liquid storage, and 173 square meters of
warehouse; and
(3) for construction of a Lake Campus, as specified
in such funding table, the Secretary of the Air Force
may construct 240 square meters of softball complex and
270 square meters of morale, welfare, and recreation
equipment storage facility;
(4) for construction of a Logistics Readiness
Squadron Campus, as specified in such funding table,
the Secretary of the Air Force may construct 2,536
square meters of warehouse; and
(5) for construction of a Security Campus, as
specified in such funding table, the Secretary of the
Air Force may construct 4,218 square meters of
operations center and 1,343 square meters of military
working dog kennel.
(c) Joint Base Langley-Eustis, Virginia.--In the case of
the authorization contained in the table in section 2912(a) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1913) for Joint Base Langley-
Eustis, Virginia, for construction of a Dormitory at the
installation, as specified in the funding table in section 4603
of such Act (133 Stat. 2104), the Secretary of the Air Force
may construct up to 6,720 square meters of dormitory.
SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS.
(a) Authorization of Omitted Spangdahlem Air Base Family
Housing Project.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1869) and available for military family
housing functions, the Secretary of the Air Force may carry out
the military family housing project to construct 76 housing
units at Spangdahlem Air Base, Germany, as specified in the
funding table in section 4601 of such Act (133 Stat. 2099).
(b) Correction of Amount Authorized for Family Housing
Improvements.--Section 2303 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1869) is amended by striking ``$53,584,000'' and
inserting ``$46,638,000'' to reflect the amount specified in
the funding table in section 4601 of such Act (133 Stat. 2099)
for Construction Improvements under Family Housing
Construction, Air Force.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Anniston Army Depot............................. $18,000,000
Alaska........................................ Fort Greely..................................... $48,000,000
Arizona....................................... Fort Huachuca................................... $33,728,000
Yuma............................................ $49,500,000
California.................................... Beale Air Force Base............................ $22,800,000
Colorado...................................... Fort Carson..................................... $15,600,000
CONUS Unspecified............................. CONUS Unspecified............................... $14,400,000
Florida....................................... Hurlburt Field.................................. $83,120,000
Kentucky...................................... Fort Knox....................................... $69,310,000
New Mexico................................... Kirtland Air Force Base......................... $46,600,000
North Carolina................................ Fort Bragg...................................... $113,800,000
Ohio.......................................... Wright-Patterson Air Force Base................. $23,500,000
Texas......................................... Fort Hood....................................... $32,700,000
Virginia...................................... Joint Expeditionary Base Little Creek-Fort Story $112,500,000
Washington.................................... Joint Base Lewis-McChord........................ $21,800,000
Manchester...................................... $82,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in the
amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Def Fuel Support Point Tsurumi................ $49,500,000
----------------------------------------------------------------------------------------------------------------
(c) Modification of Authority To Carry Out Certain Fiscal
Year 2020 Project.--In the case of the authorization contained
in the table in section 2401(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1871) for the construction of a backup generator at the
Pentagon, Virginia, the Secretary of Defense may replace and
upgrade existing generators to obtain additional power
generation capacity, as specified in the funding table in
section 4601 of that Act (133 Stat. 2095).
(d) Extension of Authority To Carry Out Certain Fiscal Year
2016 Project.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1145),
the authorization set forth in the table in paragraph
(2), as provided in section 2401 of that Act (129 Stat.
1157), shall remain in effect until October 1, 2021, or
the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2022,
whichever is later.
(2) Table.--The table referred to in paragraph (1)
is as follows:
Defense Agencies: Extension of 2016 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Klamath Falls IAP......... Fuel Facilities.......... $2,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
Arkansas..................................... Ebbing Air National Guard Base................ $2,600,000
California................................... Marine Corps Air Ground Combat Center $11,646,000
Twentynine Palms.............................
Military Ocean Terminal Concord............... $29,000,000
Naval Support Activity Monterey............... $10,540,000
Naval Air Weapons Station China Lake.......... $8,950,000
District of Columbia........................ Joint Base Anacostia-Bolling.................. $44,313,000
Georgia...................................... Fort Benning.................................. $17,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
Naval Support Activity South Potomac.......... $18,460,000
Missouri..................................... Whiteman Air Force Base....................... $17,310,000
Nevada....................................... Creech Air Force Base......................... $32,000,000
North Carolina............................... Fort Bragg.................................... $6,100,000
Ohio......................................... Wright-Patterson Air Force Base............... $35,000,000
Tennessee.................................... Memphis Air National Guard Base............... $4,780,000
Virginia..................................... Naval Medical Center Portsmouth............... $611,000
Surface Combat Systems Center Wallops Island.. $9,100,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installation or location outside the United States, and in the
amount, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy........................................ Naval Support Activity Naples................. $3,490,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as
specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2404. INDEPENDENT STUDY ON WESTERN EMERGENCY REFINED FUEL
RESERVES.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of Energy, seek to
enter into a contract with a Federally funded research and
development center under which contract such center shall
conduct a study on the feasibility (including costs and
benefits) of establishing one or more emergency fuel reserves
for refined fuel in the Western United States.
(b) Elements of Study.--In conducting the study referred to
in subsection (a), the Federally funded research and
development center with which the Secretary enters into a
contract under such subsection shall analyze the following:
(1) An assessment, in the event of a 30 day-
interruption in the capability of oil refineries of the
West Coast of the United States, Alaska, and Hawaii to
refine petroleum, of--
(A) the capacity of the Department of
Defense to meet defense missions requirements
using the Prepositioned War Reserve
Requirements of the Department for wartime and
peacetime operations through the Prepositioned
War Reserve Stock and Operating Stock of the
Department;
(B) the military installations or missions
otherwise served by such refineries that may
have unique or limited connection to refined
petroleum supply infrastructure; and
(C) the capacity of the Strategic Petroleum
Reserve and connecting pipeline infrastructure
to support requirements of the West Coast area
of the United States for petroleum and refined
petroleum products.
(2) An assessment of the practicability of the
storage of military specification fuels and jet fuel
stock in long-term storage in a salt cavern, hard-rock
storage, or tank or other storage.
(3) An identification and assessment of various
options to provide long-term storage of refined fuels
in the Western United States, including through the
establishment of one or more Western Emergency Refined
Fuel Reserves, including--
(A) for the assessment of each option, a
proposal for the Federal agency or agencies to
be responsible for such option; and
(B) for the assessment of the establishment
of any such Reserve, an estimate of the costs
of construction and operation of such Reserve.
(c) Report.--The contract under subsection (a) shall
require the Federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense and the Secretary of Energy a report on
the results of study. The report shall be so submitted in both
classified and unclassified form.
(d) Submittal to Congress.--
(1) In general.--Not later than 30 days after the
date on which the Secretary of Defense and the
Secretary of Energy receive the report under subsection
(c), the Secretary of Defense, in consultation with the
Secretary of Energy, shall submit to the appropriate
committees of Congress the following:
(A) The report under subsection (c),
unaltered, in both classified and unclassified
form.
(B) Such comments as the Secretary of
Defense considers appropriate in light of the
report under subsection (c).
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services, the
Committee on Energy and Natural Resources, and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Armed Services, the
Committee on Energy and Commerce, and the
Committee on Appropriations of the House of
Representatives.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment Program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2020, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share of
the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in
section 4601.
(b) Authority To Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment Program
(NSIP), the Department of Defense construction agent may
recognize the NATO project authorization amounts as budgetary
resources to incur obligations for the purposes of executing
the NSIP project.
SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC TREATY
ORGANIZATION SECURITY INVESTMENT PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program
``(a) Authority To Execute Projects.--When the United
States is designated as the Host Nation for purposes of
executing a project under the North Atlantic Treaty
Organization Security Investment Program (in this section
referred to as the `Program'), the Secretary of Defense may
accept such designation and carry out such project consistent
with the requirements of this section.
``(b) Project Funding.--The Secretary of Defense may fund
authorized expenditures of projects accepted under subsection
(a) with--
``(1) contributions under subsection (c);
``(2) appropriations of the Department of Defense
for the Program when directed by the North Atlantic
Treaty Organization to apply amounts of such
appropriations as part of the share of contributions of
the United States for the Program; or
``(3) any combination of amounts described in
paragraphs (1) and (2).
``(c) Authority To Accept Contributions.--(1) The Secretary
of Defense may accept contributions from the North Atlantic
Treaty Organization and member nations of the North Atlantic
Treaty Organization for the purpose of carrying out a project
under subsection (a).
``(2) Contributions accepted under paragraph (1) shall be
placed in an account established for the purpose of carrying
out the project for which the funds were provided and shall
remain available until expended.
``(3)(A) If contributions are made under paragraph (1) as
reimbursement for a project or portion of a project previously
completed by the Department of Defense, such contributions
shall be credited to--
``(i) the appropriations used for the project or
portion thereof, if such appropriations have not yet
expired; or
``(ii) the appropriations for the Program, if the
appropriations described in clause (i) have expired.
``(B) Funding credited under subparagraph (A) shall merge
with and remain available for the same purposes and duration as
the appropriations to which credited.
``(d) Obligation Authority.--The construction agent of the
Department of Defense designated by the Secretary of Defense to
execute a project under subsection (a) may recognize the North
Atlantic Treaty Organization project authorization amounts as
budgetary resources to incur obligations against for the
purposes of executing the project.
``(e) Insufficient Contributions.--(1) In the event that
the North Atlantic Treaty Organization does not agree to
contribute funding for all costs necessary for the Department
of Defense to carry out a project under subsection (a),
including necessary personnel costs of the construction agent
designated by the Department of Defense, contract claims, and
any conjunctive funding requirements that exceed the project
authorization or standards of the North Atlantic Treaty
Organization, the Secretary of Defense, upon determination that
completion of the project is in the national interest of the
United States, may fund such costs, and undertake such
conjunctively funded requirements not otherwise authorized by
law, using any unobligated funds available among funds
appropriated for the Program for military construction.
``(2) The use of funds under paragraph (1) from
appropriations for the Program may be in addition to or in
place of any other funding sources otherwise available for the
purposes for which those funds are used.
``(f) Authorized Expenditures Defined.--In this section,
the term `authorized expenditures' means project expenses for
which the North Atlantic Treaty Organization has agreed to
contribute funding.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of such title is
amended by adding at the end the following new item:
``2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.''.
(c) Conforming Repeals.--
(1) 2019.--Section 2502 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2252) is amended--
(A) in subsection (a)--
(i) by striking ``(a)
Authorization.--Funds'' and inserting
``Funds''; and
(ii) by striking the second
sentence; and
(B) by striking subsection (b).
(2) 2020.--Section 2502 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1874) is amended--
(A) in subsection (a), by striking ``(a)
Authorization.--Funds'' and inserting
``Funds''; and
(B) by striking subsection (b).
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations or
locations in the Republic of Korea, and in the amounts, set
forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Carroll........... Site Development....... $49,000,000
Army................................. Camp Humphreys......... Attack Reconnaissance $99,000,000
Battalion Hangar......
Army................................. Camp Humphreys......... Hot Refuel Point....... $35,000,000
Navy................................. COMROKFLT Naval Base, Maritime Operations $26,000,000
Busan................. Center................
Air Force............................ Daegu Air Base......... AGE Facility and $14,000,000
Parking Apron.........
Air Force............................ Kunsan Air Base........ Backup Generator Plant. $19,000,000
Air Force............................ Osan Air Base.......... Aircraft Corrosion $12,000,000
Control Facility
(Phase 3).............
Air Force............................ Osan Air Base.......... Child Development $20,000,000
Center................
Air Force............................ Osan Air Base.......... Relocate Munitions $84,000,000
Storage Area Delta
(Phase 1).............
Defense-Wide......................... Camp Humphreys......... Elementary School...... $58,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2512. QATAR FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the State of Qatar for required
in-kind contributions, the Secretary of Defense may accept
military construction projects for the installation in the
State of Qatar, and in the amounts, set forth in the following
table:
State of Qatar Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Air Force............................ Al Udeid............... Billet (A12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (B12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (D10)........... $77,000,000
Air Force............................ Al Udeid............... Billet (009)........... $77,000,000
Air Force............................ Al Udeid............... Billet (007)........... $77,000,000
Air Force............................ Al Udeid............... Armory/Mount........... $7,200,000
Air Force............................ Al Udeid............... Billet (A06)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... Billet (BOS)........... $77,000,000
Air Force............................ Al Udeid............... Billet (B04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (A04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (AOS)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... MSG (Base Operations $9,300,000
Support Facility).....
Air Force............................ Al Udeid............... ITN (Communications $3,500,000
Facility).............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020
project in Alabama.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National
Guard installations or locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Tucson........................................... $18,100,000
Arkansas.................................... Fort Chaffee..................................... $15,000,000
California.................................. Bakersfield...................................... $9,300,000
Colorado.................................... Peterson Air Force Base.......................... $15,000,000
Indiana..................................... Shelbyville...................................... $12,000,000
Kentucky.................................... Frankfort........................................ $15,000,000
Mississippi................................. Brandon.......................................... $10,400,000
Nebraska.................................... North Platte..................................... $9,300,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000
Ohio........................................ Columbus......................................... $15,000,000
Oklahoma.................................... Ardmore.......................................... $9,800,000
Oregon...................................... Hermiston........................................ $25,035,000
Puerto Rico................................. Fort Allen....................................... $37,000,000
South Carolina.............................. Joint Base Charleston............................ $15,000,000
Tennessee................................... McMinnville...................................... $11,200,000
Texas....................................... Fort Worth....................................... $13,800,000
Utah........................................ Nephi............................................ $12,000,000
Virgin Islands.............................. St. Croix........................................ $39,400,000
Wisconsin................................... Appleton......................................... $11,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army Reserve
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Gainesville.................................... $36,000,000
Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000
North Carolina................................ Asheville...................................... $24,000,000
Wisconsin..................................... Fort McCoy..................................... $17,100,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the Navy Reserve
and Marine Corps Reserve installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Reisterstown................................... $39,500,000
Minnesota..................................... Naval Operational Support Center Minneapolis... $12,800,000
Utah.......................................... Hill Air Force Base............................ $25,010,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the Air
National Guard installations or locations inside the United
States, and in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Montgomery Regional Airport.................... $23,600,000
Guam.......................................... Joint Region Marianas.......................... $20,000,000
Maryland...................................... Joint Base Andrews............................. $9,400,000
North Dakota.................................. Hector International Airport................... $17,500,000
Texas......................................... Joint Base San Antonio......................... $10,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the
installation inside the United States, and in the amount, set
forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Texas......................................... Joint Reserve Base Fort Worth.................. $39,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), as specified in the funding table in
section 4601.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2020
PROJECT IN ALABAMA.
In the case of the authorization contained in the table in
section 2601 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1875) for
Anniston Army Depot, Alabama, for construction of an Enlisted
Transient Barracks as specified in the funding table in section
4601 of such Act (133 Stat. 2096), the Secretary of the Army
may construct a training barracks at Fort McClellan, Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account established by
section 2906 of such Act (as amended by section 2711 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY THE
SECRETARY OF THE ARMY IN UMATILLA, OREGON.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress a
plan to finish remediation activities conducted by the
Secretary in Umatilla, Oregon, by not later than three years
after such date of enactment.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification and clarification of construction authority in
the event of a declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Modification of reporting requirements regarding certain
military construction projects and military family housing
projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
Sec. 2805. Congressional project authorization required for military
construction projects for energy resilience, energy security,
and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects in
certain areas outside the United States.
Sec. 2807. Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military
housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units
to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of
performance metrics for contracts for provision or management
of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement
recommendations relating to military family housing contained
in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military
families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold.
Sec. 2818. Expansion of uniform code of basic standards for privatized
military housing and hazard and habitability inspection and
assessment requirements to Government-owned and Government-
controlled military family housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies,
professional military education schools, and military museums
subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United
States overseas military enduring locations and contingency
locations.
Sec. 2823. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military
installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense
infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military
installations.
Sec. 2828. Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System
receiving station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel.
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee.
Subtitle E--Military Land Withdrawals
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval
Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and
reservation.
Sec. 2844. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public land
laws.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
Sec. 2851. Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General for Guam Realignment.
Sec. 2852. Additional exception to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support
rotational Armed Forces in Australia.
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-support
services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of
land exchange authority.
Sec. 2863. Pilot program to support combatant command military
construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction
projects for child development centers at military
installations.
Sec. 2866. Department of the Army pilot program for development and use
of online real estate inventory tool.
Subtitle H--Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units and
weapon systems.
Sec. 2872. Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States air
base resiliency in Europe.
Subtitle I--Other Matters
Sec. 2881. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in
making basing decisions associated with certain military units
and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets.
Subtitle A--Military Construction Program Changes
SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN
THE EVENT OF A DECLARATION OF WAR OR NATIONAL
EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (a) the following
new subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the
event of a declaration by the President of a national emergency
in which the construction authority described in subsection (a)
is used, the total cost of all military construction projects
undertaken using that authority during the national emergency
may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(b) Additional Conditions on Source of Funds.--Section
2808(a) of title 10, United States Code, is amended by striking
the second sentence and inserting the following new subsection:
``(b) Conditions on Sources of Funds.--A military
construction project to be undertaken using the construction
authority described in subsection (a) may be undertaken only
within the total amount of funds that have been appropriated
for military construction, excluding funds appropriated for
family housing, that--
``(1) remain unobligated as of the date on which
the first contract would be entered into in support of
the national emergency declaration described in
subsection (a); and
``(2) are available because the military
construction project for which the funds were
appropriated--
``(A) has been canceled; or
``(B) has reduced costs as a result of
project modifications or other cost savings.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of
title 10, United States Code, is amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Waiver of Other Provisions of Law in Event of
National Emergency.--In the event of a declaration by the
President of a national emergency in which the construction
authority described in subsection (a) is used, the authority
provided by such subsection to waive or disregard another
provision of law that would otherwise apply to a military
construction project authorized by this section may be used
only if--
``(1) such other provision of law does not provide
a means by which compliance with the requirements of
the law may be waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the
nature of the national emergency necessitates the
noncompliance with the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that
follows through the end of the subsection and inserting
the following: ``of the following:
``(A) The reasons for the decision to use the
construction authority described in subsection (a),
including, in the event of a declaration by the
President of a national emergency, the reasons why use
of the armed forces is required in response to the
declared national emergency.
``(B) The construction projects to be undertaken
using the construction authority described in
subsection (a), including, in the event of a
declaration by the President of a national emergency,
an explanation of how each construction project
directly supports the immediate security, logistical,
or short-term housing and ancillary supporting facility
needs of the members of the armed forces used in the
national emergency.
``(C) The estimated cost of the construction
projects to be undertaken using the construction
authority described in subsection (a), including the
cost of any real estate action pertaining to the
construction projects, and certification of compliance
with the funding conditions imposed by subsections (b)
and (c).
``(D) Any determination made pursuant to subsection
(d)(2) to waive or disregard another provision of law
to undertake any construction project using the
construction authority described in subsection (a).
``(E) The military construction projects, including
any ancillary supporting facility projects, whose
cancellation, modification, or other cost savings
result in funds being available to undertake
construction projects using the construction authority
described in subsection (a) and the possible impact of
the cancellation or modification of such military
construction projects on military readiness and the
quality of life of members of the armed forces and
their dependents.''; and
(2) by adding at the end the following new
paragraph:
``(2) In the event of a declaration by the President of a
national emergency in which the construction authority
described in subsection (a) is used, a construction project to
be undertaken using such construction authority may be carried
out only after the end of the five-day period beginning on the
date the notification required by paragraph (1) is received by
the congressional defense committees.''.
(e) Clerical Amendments.--Section 2808 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by
subsection (a)(1), by inserting ``Notification
Requirement.--(1)'' after ``(e)''; and
(3) in subsection (f), as redesignated by
subsection (a)(1), by inserting ``Termination of
Authority.--'' after ``(f)''.
(f) Exception for Pandemic Mitigation and Response
Projects.--Subsections (b), (c), (d) of section 2808 of title
10, United States Code, as added by this section, shall not
apply to a military construction project commenced under the
authority of subsection (a) of such section 2808 during the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) if the
Secretary of Defense determines that the military construction
project will directly support pandemic mitigation and response
efforts of health care providers or support members of the
Armed Forces directly participating in such pandemic mitigation
and response efforts. Subsection (e) of section 2808 of title
10, United States Code, as redesignated by subsection (a)(1)
and amended by subsection (d) of this section, shall still
apply to any such military construction project.
SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR
THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY
CONSTRUCTION AUTHORITIES.
Section 2805(f)(3) of title 10, United States Code, is
amended by striking ``2022'' and inserting ``2027''.
SEC. 2803. MODIFICATION OF REPORTING REQUIREMENTS REGARDING CERTAIN
MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS, CONTRACTS, AND AGREEMENTS.
(a) Cost-increase Reports; Elimination of Submission to
Comptroller General.--Section 2853(f) of title 10, United
States Code, is amended--
(1) in paragraphs (1) and (3), by striking ``and
the Comptroller General of the United States''; and
(2) by striking paragraph (6).
(b) Synchronization of Notification Requirements.--Section
2853(c)(1) of title 10, United States Code, is amended by
inserting after ``cost increase'' in the matter preceding
subparagraph (A) the following: ``(subject to subsection
(f))''.
(c) Delegation and Scope of Housing Privatization Reporting
Requirement.--Section 2884(a) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) in the matter preceding the
subparagraphs, by striking ``The Secretary of
Defense'' and inserting ``The Secretary
concerned''; and
(B) in subparagraph (A)--
(i) by inserting ``or agreement''
after ``each contract''; and
(ii) by striking ``that the
Secretary proposes to solicit'';
(2) in paragraph (2)--
(A) in the matter preceding the
subparagraphs, by striking ``For each proposed
contract, conveyance, or lease described in
paragraph (1), the report required by such
paragraph'' and inserting ``A report required
by paragraph (1)''; and
(B) by inserting ``agreement,'' after
``contract,'' each place it appears; and
(3) in paragraph (3), by inserting ``or agreement''
after ``contract'' each place it appears.
SEC. 2804. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN
LIFE-CYCLE COST FOR MILITARY CONSTRUCTION.
(a) In General.--Chapter 169 of title 10, United States
Code, is amended by inserting after section 2815 the following
new section:
``Sec. 2816. Consideration of energy security and energy resilience in
life-cycle cost for military construction
``(a) In General.--(1) The Secretary concerned, when
evaluating the life-cycle designed cost of a covered military
construction project, shall include as a facility requirement
the long-term consideration of energy security and energy
resilience that would ensure that the resulting facility is
capable of continuing to perform its missions, during the life
of the facility, in the event of a natural or human-caused
disaster, an attack, or any other unplanned event that would
otherwise interfere with the ability of the facility to perform
its missions.
``(2) A facility requirement under paragraph (1) shall not
be weighed, for cost purposes, against other facility
requirements in determining the design of the facility.
``(b) Inclusion in the Building Life-cycle Cost Program.--
The Secretary shall include the requirements of subsection (a)
in applying the latest version of the building life-cycle cost
program, as developed by the National Institute of Standards
and Technology, to consider on-site distributed energy assets
in a building design for a covered military construction
project.
``(c) Covered Military Construction Project Defined.--(1)
In this section, the term `covered military construction
project' means a military construction project for a facility
that is used to perform critical functions during a natural or
human-caused disaster, an attack, or any other unplanned event.
``(2) For purposes of paragraph (1), the term `facility'
includes at a minimum any of the following:
``(A) Operations centers.
``(B) Nuclear command and control facilities.
``(C) Integrated strategic and tactical warning and
attack assessment facilities.
``(D) Continuity of government facilities.
``(E) Missile defense facilities.
``(F) Air defense facilities.
``(G) Hospitals.
``(H) Armories and readiness centers of the
National Guard.
``(I) Communications facilities.
``(J) Satellite and missile launch and control
facilities.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating to
section 2815 the following new item:
``2816. Consideration of energy security and energy resilience in life-
cycle cost for military construction.''.
SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR MILITARY
CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY
SECURITY, AND ENERGY CONSERVATION.
(a) Replacement of Notice and Wait Authority.--Section 2914
of title 10, United States Code, is amended to read as follows:
``Sec. 2914. Military construction projects for energy resilience,
energy security, and energy conservation
``(a) Project Authorization Required.--The Secretary of
Defense may carry out such military construction projects for
energy resilience, energy security, and energy conservation as
are authorized by law, using funds appropriated or otherwise
made available for that purpose.
``(b) Submission of Project Proposals.--(1) As part of the
Department of Defense Form 1391 submitted to the appropriate
committees of Congress for a military construction project
covered by subsection (a), the Secretary of Defense shall
include the following information:
``(A) The project title.
``(B) The location of the project.
``(C) A brief description of the scope of work.
``(D) The original project cost estimate and the
current working cost estimate, if different.
``(E) Such other information as the Secretary
considers appropriate.
``(2) In the case of a military construction project for
energy conservation, the Secretary also shall include the
following information:
``(A) The original expected savings-to-investment
ratio and simple payback estimates and measurement and
verification cost estimate.
``(B) The most current expected savings-to-
investment ratio and simple payback estimates and
measurement and verification plan and costs.
``(C) A brief description of the measurement and
verification plan and planned funding source.
``(3) In the case of a military construction project for
energy resilience or energy security, the Secretary also shall
include the rationale for how the project would enhance mission
assurance, support mission critical functions, and address
known vulnerabilities.
``(c) Application to Military Construction Projects.--This
section shall apply to military construction projects covered
by subsection (a) for which a Department of Defense Form 1391
is submitted to the appropriate committees of Congress in
connection with the budget of the Department of Defense for
fiscal year 2023 and thereafter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 173 of title 10, United
States Code, is amended by striking the item relating to
section 2914 and inserting the following new item:
``2914. Military construction projects for energy resilience, energy
security, and energy conservation.''.
SEC. 2806. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION
PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED
STATES.
(a) Extension of Authority.--Subsection (h) of section 2808
of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2807(a) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115-232; 132 Stat. 2264), is further amended--
(1) in paragraph (1), by striking ``December 31,
2020'' and inserting ``December 31, 2021''; and
(2) paragraph (2), by striking ``fiscal year 2021''
and inserting ``fiscal year 2022''.
(b) Continuation of Limitation on Use of Authority.--
Subsection (c) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723), as most recently amended by
section 2807(b) of the Military Construction Authorization Act
for Fiscal Year 2019 (division B of Public Law 115-232; 132
Stat. 2264), is further amended--
(1) by striking ``either'' and inserting ``each'';
and
(2) by inserting after the first paragraph (2) the
following new subparagraph:
``(C) The period beginning October 1, 2020, and
ending on the earlier of December 31, 2021, or the date
of the enactment of an Act authorizing funds for
military activities of the Department of Defense for
fiscal year 2022.''.
(c) Technical Corrections.--Subsection (c) of section 2808
of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2807(b) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115-232; 132 Stat. 2264) and subsection (b) of
this section, is further amended--
(1) by redesignating the second paragraph (1) as
subparagraph (A); and
(2) by redesignating the first paragraph (2) as
subparagraph (B).
SEC. 2807. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION
REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS.
The Navy shall be responsible for programming, requesting,
and executing any military construction requirements related to
any Fleet Readiness Center that is a tenant command at a Marine
Corps installation.
Subtitle B--Military Family Housing Reforms
SEC. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY
HOUSING PRIVATIZATION REFORM.
(a) Chief Housing Officer Oversight Responsibilities.--
(1) Oversight of all military housing.--Section
2890a of title 10, United States Code, is amended--
(A) in subsection (a)(1), by striking
``housing units'' and inserting ``family
housing and military unaccompanied housing
under the jurisdiction of the Department of
Defense or acquired or constructed under
subchapter IV of this chapter (in this section
referred to as `covered housing units')''; and
(B) in subsection (b)(1)--
(i) in the matter preceding
subparagraph (A), by striking ``housing
under subchapter IV and this
subchapter'' and inserting ``covered
housing units''; and
(ii) in subparagraphs (A) and (B),
by inserting ``covered'' before
``housing units'' both places it
appears.
(2) Section heading.--The heading of section 2890a
of title 10, United States Code, is amended by
inserting before ``Chief Housing Officer'' the
following ``Supervision of military housing by''.
(3) Transfer and redesignation of section.--Section
2890a of title 10, United States Code, as amended by
paragraphs (1) and (2)--
(A) is transferred to appear after section
2851 of such title; and
(B) is redesignated as section 2851a.
(b) Rights and Responsibilities of Tenants of Housing
Units.--Section 2890 of title 10, United States Code, is
amended--
(1) in subsection (b)(15), by striking ``and held
in escrow'';
(2) in subsection (e)(2), in the matter preceding
subparagraph (A), by inserting ``a'' before
``landlord''; and
(3) in subsection (f), by striking paragraph (2)
and inserting the following new subsection:
``(2) Paragraph (1) shall not apply to a nondisclosure
agreement executed--
``(A) as part of the settlement of litigation; or
``(B) to avoid litigation if the tenant has
retained legal counsel or has sought military legal
assistance under section 1044 of this title.''.
(c) Contracts for Provision of Housing Units.--Section
2891(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph
(A), by inserting ``unit'' after ``different
housing''; and
(B) in subparagraph (B), by inserting
``the'' before ``tenant''; and
(2) in paragraph (2)(B), by inserting ``the''
before ``tenant'';
(d) Management of Housing Units.--Section 2891a of title
10, United States Code, is amended--
(1) by adding a period at the end of subsection
(b)(2);
(2) in subsection (d), by striking paragraph (11)
and inserting the following new paragraph:
``(11) Upon request by a prospective tenant, a landlord
providing a housing unit shall ensure that the needs of
enrollees in the Exceptional Family Member Program, or any
successor program, are considered in assigning the prospective
tenant to a housing unit provided by the landlord.''; and
(3) in subsection (e)(2)(B) by striking ``the any''
and inserting ``any''.
(e) Tenant Access to Maintenance Information.--Section
2892a of title 10, United States Code, is amended by striking
the text of such section and inserting the following:
``(a) Maintenance Information for Prospective Tenants.--The
Secretary concerned shall require each eligible entity or
subsequent landlord that offers for lease a housing unit to
provide to a prospective tenant of the housing unit--
``(1) not later than five business days before the
prospective tenant is asked to sign the lease, a
summary of maintenance conducted with respect to that
housing unit for the previous seven years; and
``(2) not later than two business days after the
prospective tenant requests additional information
regarding maintenance conducted with respect to that
housing unit during such period, all information
possessed by the eligible entity or subsequent landlord
regarding such maintenance conducted during such
period.
``(b) Maintenance Information for Existing Tenants.--A
tenant of a housing unit who did not receive maintenance
information described in subsection (a) regarding that housing
unit while a prospective tenant may request such maintenance
information and shall receive such maintenance information not
later than five business days after the making the request.
``(c) Maintenance Defined.--In the section, the term
`maintenance' includes any renovations of the housing unit
during the period specified in subsection (a)(1).''.
(f) Treatment of Certain Incentive Fees.--Section 2893 of
title 10, United States Code, is amended by striking
``propensity for'' and inserting ``pattern of''.
(g) Landlord-tenant Dispute Resolution Process.--Section
2894 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the
following new paragraph:
``(6) The dispute resolution process shall require the
installation or regional commander (as the case may be) to
record each dispute in the complaint database established under
section 2894a of this title.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter
preceding subparagraph (A), by striking ``24
hours'' and inserting ``two business days'';
(B) in paragraph (3)--
(i) by inserting ``business''
before ``days''; and
(ii) by inserting ``, such office''
before ``shall complete'';
(C) in paragraph (4), in the matter
preceding subparagraph (A), by inserting ``, at
a minimum,'' before ``the following persons'';
(D) in paragraph (5), by inserting
``calendar'' before ``days'' both places it
appears; and
(E) by striking paragraph (6) and inserting
the following new paragraph:
``(6) Except as provided in paragraph (5)(B), a final
decision shall be transmitted to the tenant, landlord, and the
installation or regional commander (as the case may be) not
later than 30 calendar days after the request was submitted.'';
and
(3) by striking subsections (d) and (e) and
inserting the following new subsections:
``(d) Effect of Failure to Comply With Decision.--(1) If
the final decision rendered under subsection (c) for resolution
of a landlord-tenant dispute includes instructions for the
landlord responsible for the housing unit to further remediate
the housing unit, the decision shall specify a reasonable
period of time, but not less than 10 business days, for the
landlord to complete the remediation.
``(2) If the landlord does not remediate the issues before
the end of the time period specified in the final decision in a
manner consistent with the instructions contained in the
decision, any amounts payable to the landlord for the housing
unit shall be reduced by 10 percent for each period of five
calendar days during which the issues remain unremediated.
``(e) Request to Withhold Payments During Resolution
Process.--(1) As part of the submission of a request for
resolution of a landlord-tenant dispute through the dispute
resolution process regarding maintenance guidelines or
procedures or habitability, the tenant may request that all or
part of the payments described in paragraph (3) for lease of
the housing unit be segregated and not used by the property
owner, property manager, or landlord pending completion of the
dispute resolution process.
``(2) The amount allowed to be withheld under paragraph (1)
shall be limited to amounts associated with the period during
which--
``(A) the landlord has not met maintenance
guidelines and procedures established by the Department
of Defense, either through contract or otherwise; or
``(B) the housing unit is uninhabitable according
to State and local law for the jurisdiction in which
the housing unit is located.
``(3) This subsection applies to the following:
``(A) Any basic allowance for housing payable to
the tenant (including for any dependents of the tenant
in the tenant's household) under section 403 of title
37.
``(B) All or part of any pay of a tenant subject to
allotment as described in section 2882(c) of this
title.''.
(h) Annual Assessment of the Dispute Resolution Process.--
Paragraph (10) of section 2884(c) of title 10, United States
Code, is amended to read as follows:
``(10) An assessment of the dispute resolution
process under section 2894(c) of this title, which
shall include a list of dispute resolution cases by
installation and the final outcome of each case.''.
(i) Payment Authority.--Section 606(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2871 note), as amended by
section 3036 of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1938), is further amended--
(1) in paragraph (1)(A), by inserting ``monthly''
before ``payments'';
(2) in paragraph (2)(A), by striking ``payments
to'' and all that follows through ``subparagraph (C)''
and inserting ``monthly payments, under such terms and
in such amounts as determined by the Secretary, to one
of more lessors responsible for underfunded MHPI
housing projects identified pursuant to subparagraph
(C) under the jurisdiction of the Secretary''; and
(3) in paragraph (3)(B), by inserting ``that''
before ``require''.
(j) Suspension of Resident Energy Conservation Program.--
Section 3063(b) of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 133
Stat. 1947; 10 U.S.C. 2867 note) is amended--
(1) by inserting ``covered by a program suspended
under subsection (a)'' after ``privatized military
housing'' the first place it appears; and
(2) by striking ``on the installation military
housing unit''.
(k) Clerical Amendments.--
(1) Chief housing officer.--
(A) Addition.--The table of sections at the
beginning of subchapter III of chapter 169 of
title 10, United States Code, is amended by
inserting after the item relating to section
2851 the following new item:
``2851a. Supervision of military housing by Chief Housing Officer.''.
(B) Repeal.--The table of sections at the
beginning of subchapter V of chapter 169 of
title 10, United States Code, is amended by
striking the item relating to section 2890a.
(2) Disclosure of personally identifiable
information.--The table of sections at the beginning of
subchapter V of chapter 169 of title 10, United States
Code, is amended by striking the item relating to
section 2892b and inserting the following new item:
``2892b. Prohibition on requirement to disclose personally identifiable
information in requests for certain maintenance.''.
SEC. 2812. REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY HOUSING
UNITS TO MEMBERS OF THE UNIFORMED SERVICES.
(a) Repeal.--Section 2830 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 169 of title 10, United
States Code, is amended by striking the item relating to
section 2830.
SEC. 2813. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY
HOUSING IMPROVEMENT FUND.
(a) In General.--Section 2883(d)(1) of title 10, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new
subparagraph:
``(B) The Secretary of Defense shall require that eligible
entities receiving amounts from the Department of Defense
Family Housing Improvement Fund prioritize the use of such
amounts for expenditures related to asset recapitalization,
operating expenses, and debt payments before other program
management-incentive fee expenditures. In the case of asset
recapitalization, the primary purpose of the expenditures must
be to sustain existing housing units owned or managed by the
eligible entity or for which the eligible entity is otherwise
responsible.''.
(b) Effective Date.--The requirements set forth in
subparagraph (B) of section 2883(d)(1) of title 10, United
States Code, as added by subsection (a), shall apply to
appropriate legal documents entered into or renewed on or after
the date of the enactment of this Act between the Secretary of
a military department and a landlord regarding privatized
military housing. In this subsection, the terms ``landlord''
and ``privatized military housing'' have the meanings given
those terms in section 3001(a) of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of Public
Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2814. AVAILABILITY OF INFORMATION REGARDING ASSESSMENT OF
PERFORMANCE METRICS FOR CONTRACTS FOR PROVISION OR
MANAGEMENT OF PRIVATIZED MILITARY HOUSING.
(a) Availability of Performance Metrics Assessments; Method
of Providing.--Section 2891c(b) of title 10, United States
Code, is amended--
(1) in the subsection heading, by inserting
``Performance Metrics and'' before ``Use of Incentive
Fees''; and
(2) in paragraph (1), by striking ``shall publish,
on a publicly accessible website, information'' and
inserting the following: ``shall make available, upon
request of a tenant, at the applicable installation
housing office the following:
``(A) An assessment of the indicators underlying
the performance metrics for each contract for the
provision or management of housing units to ensure such
indicators adequately measure the condition and quality
of each housing unit covered by the contract.
``(B) Information''.
(b) Description of Indicators Underlying Performance
Metrics.--Section 2891c(b) of title 10, United States Code, is
further amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2)(A) For purposes of paragraph (1)(A), the indicators
underlying the performance metrics for a contract for the
provision or management of housing units shall measure at a
minimum the following:
``(i) Tenant satisfaction.
``(ii) Maintenance management.
``(iii) Safety.
``(iv) Financial management.
``(B) An assessment required to be made available under
paragraph (1)(A) shall include a detailed description of each
indicator underlying the performance metrics, including the
following information:
``(i) The limitations of available survey data.
``(ii) How tenant satisfaction and maintenance
management is calculated.
``(iii) Whether any relevant data is missing.''.
(c) Conforming Amendments.--Paragraph (3) of section
2891c(b) of title 10, United States Code, as redesignated by
subsection (b)(1), is amended--
(1) by striking ``paragraph (1)'' and inserting
``paragraph (1)(B)''; and
(2) by striking ``each contract'' and inserting
``each contract for the provision or management of
housing units''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 2891c
of title 10, United States Code, is amended to read as
follows:
``Sec. 2891c. Transparency regarding finances and performance
metrics''.
(2) Table of sections.--The table of sections at
the beginning of subchapter V of chapter 169 of title
10, United States Code, is amended by striking the item
relating to section 2891c and inserting the following
new item:
``2891c. Transparency regarding finances and performance metrics.''.
SEC. 2815. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT
RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING
CONTAINED IN REPORT BY INSPECTOR GENERAL OF
DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall implement the
recommendations of the Inspector General of the Department of
Defense contained in the report of the Inspector General dated
April 30, 2020, and entitled ``Evaluation of the DoD's
Management of Health and Safety Hazards in Government-Owned and
Government-Controlled Military Family Housing''.
SEC. 2816. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY
FAMILIES DISPLACED FROM PRIVATIZED MILITARY
HOUSING.
(a) Guidance Required.--The Secretary of Defense shall
promulgate guidance for commanders of military installations
and installation housing management offices to assist such
commanders and offices in facilitating and managing the
relocation and return of tenants of privatized military housing
when tenants are displaced from such housing--
(1) as a result of an environmental hazard or other
damage adversely affecting the habitability of the
privatized military housing; or
(2) during remediation or repair activities in
response to the hazard or damages.
(b) Financial Impact of Displacement.--As part of the
promulgation of the guidance, the Secretary of Defense shall
consider--
(1) the extent to which displaced tenants of
privatized military housing under the circumstances
described in subsection (a) incur relocation, per diem,
or similar expenses as a direct result of such
displacement that are not covered by a landlord,
insurance, or claims process; and
(2) the feasibility of providing reimbursement for
uncovered expenses.
(c) Consultation.--The Secretary of Defense shall
promulgate the guidance in consultation with the Secretaries of
the military departments, the Chief Housing Officer, landlords,
and other interested persons.
(d) Implementation.--The Secretaries of the military
departments shall be responsible for implementation of the
guidance at military installations under the jurisdiction of
the Secretary concerned, while recognizing that the guidance
cannot anticipate every situation in which tenants of
privatized military housing must be displaced from such housing
under the circumstances described in subsection (a).
(e) Definitions.--In this section, the terms ``landlord'',
``privatized military housing'', and ``tenant'' have the
meanings given those terms in section 3001(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2817. PROMULGATION OF GUIDANCE ON RELOCATION OF RESIDENTS OF
MILITARY HOUSING IMPACTED BY PRESENCE OF MOLD.
As part of the process developed by the Secretary of
Defense pursuant to section 3053 of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of Public
Law 116-92; 133 Stat. 1943; 10 U.S.C. 2821 note) to identify,
record, and resolve environmental health hazards in military
housing, the Secretary shall promulgate guidance regarding
situations in which the presence of mold in a unit of housing
under the jurisdiction of the Department of Defense (including
privatized military housing) is an emergency situation
requiring the relocation of the residents of the unit.
SEC. 2818. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED
MILITARY HOUSING AND HAZARD AND HABITABILITY
INSPECTION AND ASSESSMENT REQUIREMENTS TO
GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED MILITARY
FAMILY HOUSING.
(a) Uniform Code of Basic Standards for Military Housing.--
The Secretary of Defense shall expand the uniform code of basic
housing standards for safety, comfort, and habitability for
privatized military housing established pursuant to section
3051(a) of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1941; 10 U.S.C. 2871 note) to include Government-owned and
Government-controlled military family housing located inside or
outside the United States and occupied by members of the Armed
Forces.
(b) Inspection and Assessment Plan.--The Secretary of
Defense shall expand the Department of Defense housing
inspection and assessment plan prepared pursuant to section
3051(b) of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1941; 10 U.S.C. 2871 note) to include Government-owned and
Government-controlled military family housing located inside or
outside the United States and occupied by members of the Armed
Forces and commence inspections and assessments of such
military family housing pursuant to the plan.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. ACCEPTANCE OF PROPERTY BY MILITARY SERVICE ACADEMIES,
PROFESSIONAL MILITARY EDUCATION SCHOOLS, AND
MILITARY MUSEUMS SUBJECT TO NAMING-RIGHTS
CONDITION.
(a) Authority to Accept Personal Property Subject to
Condition.--Section 2601(e) of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking
``Real'';
(2) in paragraph (1), by inserting ``or personal''
after ``real'' both places it appears; and
(3) in paragraph (3)(B), by inserting ``or
personal'' after ``real''.
(b) Eligible Recipients.--Section 2601(e) of title 10,
United States Code, is further amended--
(1) in paragraph (1), by striking ``the United
States Military Academy, the Naval Academy, the Air
Force Academy, or the Coast Guard Academy'' and
inserting ``an eligible entity''; and
(2) by adding at the end the following new
paragraph:
``(5) In this subsection, the term `eligible entity' means
each of the following:
``(A) The United States Military Academy, the Naval
Academy, the Air Force Academy, and the Coast Guard
Academy.
``(B) The professional military education schools
listed in section 2162(d) of this title and the Defense
Acquisition University.
``(C) A military museum.''.
SEC. 2822. CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED
STATES OVERSEAS MILITARY ENDURING LOCATIONS AND
CONTINGENCY LOCATIONS.
(a) Inclusion of Information in Existing Annual Report.--
Section 2687a(a) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Master
Plans'' and inserting ``Overseas Military Locations'';
(2) in paragraph (1), by striking subparagraph (B)
and inserting the following new subparagraph:
``(B) the status of overseas military locations,
whether such a location is designated as an enduring
location or contingency location.''; and
(3) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) To satisfy the reporting requirement specified in
paragraph (1)(B), a report under paragraph (1) shall contain
the following:
``(A) A list of overseas military locations. For
any overseas military location established during the
previous fiscal year, the reasons for the establishment
of the overseas military location.
``(B) A description of the strategic goal and
operational requirements supported by each overseas
military location.
``(C) A list of each construction or facility
improvement project carried out by the Department of
Defense regardless of the funding source, and each
construction or facility improvement project accepted
as a payment-in-kind, at overseas military locations
during the previous fiscal year if the construction or
facility improvement project was not specifically
authorized in a Military Construction Authorization Act
or congressional notice of the construction or facility
improvement project was not provided by another means.
Each construction or facility improvement project on
the list shall be delineated by project location,
project title or description, project cost, including
costs covered by the host country, and authority used
to undertake the project.
``(D) For each overseas military location first
designated as an enduring location in one of the
previous two required reports, a list of required
construction and facility improvement projects
anticipated to be carried out by the Department of
Defense directly or through the acceptance of payments-
in-kind during the fiscal year in which the report is
submitted and the next four fiscal years. Each
construction or facility improvement project on the
list shall be delineated by project location, project
title or description, estimated project cost, including
costs anticipated to be covered by the host country,
and authority to be used to undertake the project.
``(E) An overview of any annual lease or access
costs to the United States for each overseas military
location designated as an enduring location.
``(F) A description of any plans to transition an
existing contingency overseas military location to an
enduring overseas military location, or to upgrade or
downgrade the designation of an existing enduring or
contingency overseas military location, during the
fiscal year in which the report is submitted.
``(G) A list of any overseas military locations
that, during the previous fiscal year, were transferred
to the control of security forces of the host country
or another military force, closed, or for any other
reason no longer used by the armed forces, including a
summary of any costs associated with the transfer or
closure of the overseas military location.
``(H) A summary of any force protection risks
identified for cooperative security locations and
contingency locations, the actions proposed to mitigate
such risks, and the resourcing and implementation plan
to implement the mitigation actions.
``(I) Such other such matters related to overseas
military locations as the Secretary of Defense
considers appropriate.
``(3) In this subsection:
``(A)(i) The term `overseas military location'
covers both enduring locations and contingency
locations established outside the United States.
``(ii) An enduring location is primarily
characterized either by the presence of permanently
assigned United States forces with robust
infrastructure and quality of life amenities to support
that presence, by the sustained presence of allocated
United States forces with infrastructure and quality of
life amenities consistent with that presence, or by the
periodic presence of allocated United States forces
with little or no permanent United States military
presence or controlled infrastructure. Enduring
locations include main operating bases, forward
operating sites, and cooperative security locations.
``(iii) A contingency location refers to a location
outside of the United States that is not covered by
subparagraph (B), but that is used by United States
forces to support and sustain operations during named
and unnamed contingency operations or other operations
as directed by appropriate authority and is categorized
by mission life-cycle requirements as initial,
temporary, or semi-permanent.
``(B)(i) The term `construction or facility
improvement project' includes any construction,
development, conversion, or extension of a building,
structure, or other improvement to real property
carried out at an overseas military location, whether
to satisfy temporary or permanent requirements, and any
acquisition of land for an overseas military location.
``(ii) The term does not include repairs to a
building, structure, or other improvement to real
property, unless the building, structure, or other
improvement cannot effectively be used for its
designated functional purpose in the absence of the
repairs.
``(4) The Secretary of Defense shall prepare the report
under paragraph (1) in coordination with the Under Secretary of
Defense for Policy and the Under Secretary of Defense for
Acquisition and Sustainment.
``(5) A report under paragraph (1) shall be submitted in
unclassified form, but may contain a classified annex as
necessary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 2687a(e)(2) of
title 10, United States Code, is amended by striking
``host nation'' both places it appears and inserting
``host country''.
(2) Section heading.--The heading of section 2687a
of title 10, United States Code, is amended to read as
follows:
``Sec. 2687a. Overseas base closures and realignments and status of
United States overseas military locations''.
(3) Table of sections.--The table of sections at
the beginning of chapter 159 of title 10, United States
Code, is amended by striking the item relating to
section 2687a and inserting the following new item:
``2687a. Overseas base closures and realignments and status of United
States overseas military locations.''.
(c) Temporary Continuation of Superceded Reporting
Requirement.--Until the Secretary of Defense submits the first
report required by section 2687a(a) of title 10, United States
Code, that includes the information required by paragraph (2)
of such section, as added by subsection (a), the Secretary of
Defense shall continue to prepare and submit the report
required by section 2816 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public
Law 114-92; 129 Stat. 1176), notwithstanding the expiration of
such reporting requirement.
SEC. 2823. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN
PRIVATIZED UTILITY SYSTEMS.
(a) Utility Privatization Contract Renewals.--Section
2688(d)(2) of title 10, United States Code, is amended--
(1) in the first sentence, by inserting ``or the
renewal of such a contract'' after ``paragraph (1)'';
(2) in the second sentence, by striking ``the
contract.'' and inserting ``the contract or contract
renewal.''; and
(3) by adding at the end the following new
sentence: ``A renewal of a contract pursuant to this
paragraph may be entered into only within the last five
years of the existing contract term.''.
(b) Availability of ERCIP Funds for Privatized Utility
System Activities.--Section 2914 of title 10, United States
Code, as amended by section 2805, is further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Relation to Certain Other Authorities.--A project
under this section may include--
``(1) activities related to a utility system
authorized under subsections (h), (j), and (k) of
section 2688 or section 2913 of this title,
notwithstanding that the United States does not own the
utility system covered by the project; and
``(2) energy-related activities included as a
separate requirement in an energy savings performance
contract (as defined in section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C.
8287c(3))).''.
SEC. 2824. VESTING EXERCISE OF DISCRETION WITH SECRETARIES OF THE
MILITARY DEPARTMENTS REGARDING ENTERING INTO
LONGER-TERM CONTRACTS FOR UTILITY SERVICES.
Section 2688(d)(2) of title 10, United States Code, as
amended by section 2823, is further amended in the first
sentence--
(1) by striking ``The Secretary of Defense, or the
designee of the Secretary,'' and inserting ``The
Secretary concerned''; and
(2) by striking ``if the Secretary'' and inserting
``if the Secretary concerned''.
SEC. 2825. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY
INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY.
(a) Promotion of On-Site Energy Security and Energy
Resilience.--Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h) Promotion of On-Site Energy Security and Energy
Resilience.--(1) Consistent with the energy security and
resilience goals of the Department of Defense and the energy
performance master plan referred to in this section, the
Secretary concerned shall consider, when feasible, projects for
the production of installation energy that benefits military
readiness and promotes installation energy security and energy
resilience in the following manner:
``(A) Location of the energy-production
infrastructure on the military installation that will
consume the energy.
``(B) Incorporation of energy resilience features,
such as microgrids, to ensure that energy remains
available to the installation even when the
installation is not connected to energy sources located
off the installation.
``(C) Reduction in periodic refueling needs from
sources off the installation to not more than once
every two years.
``(3) In this subsection, the term `microgrid' means an
integrated energy system consisting of interconnected loads and
energy resources that, if necessary, can be removed from the
local utility grid and function as an integrated, stand-alone
system.''.
(b) Evaluation of Feasibility of Expanding Use of On-Site
Energy Production.--
(1) Projects authorized.--Subsection (h) of section
2911 of title 10, United States Code, as added by
subsection (a), is amended by inserting after paragraph
(1) the following new paragraph:
``(2)(A) Using amounts made available for military
construction projects under section 2914 of this title, the
Secretary of Defense shall carry out at least four projects to
promote installation energy security and energy resilience in
the manner described in paragraph (1).
``(B) At least one project shall be designed to develop
technology that demonstrates the ability to connect an existing
on-site energy generation facility that uses solar power with
one or more installation facilities performing critical
missions in a manner that allows the generation facility to
continue to provide electrical power to these facilities even
if the installation is disconnected from the commercial power
supply.
``(C) At least one project shall be designed to develop
technology that demonstrates that one or more installation
facilities performing critical missions can be isolated, for
purposes of electrical power supply, from the remainder of the
installation and from the commercial power supply in a manner
that allows an on-site energy generation facility that uses a
renewable energy source, other than solar energy, to provide
the necessary power exclusively to these facilities.
``(D) At least two projects shall be designed to develop
technology that demonstrates the ability to store sufficient
electrical energy from an on-site energy generation facility
that uses a renewable energy source to provide the electrical
energy required to continue operation of installation
facilities performing critical missions during nighttime
operations.
``(E) The authority of the Secretary of Defense to commence
a project under this paragraph expires on September 30,
2025.''.
(2) Briefing.--Not later than March 1, 2021, the
Secretary of Defense shall brief the congressional
defense committees regarding the plan to carry out the
on-site energy production projects authorized by
paragraph (2) of section 2911(h) of title 10, United
States Code, as added by paragraph (1).
SEC. 2826. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE
INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS.
(a) Options To Improve Electrical Metering.--The Secretary
of Defense and the Secretaries of the military departments
shall improve the metering of electrical energy usage of
covered defense structures to accurately determine energy
consumption by such a structure to increase energy efficiency
and improve energy resilience, using any combination of the
options specified in subsection (b) or such other methods as
the Secretary concerned considers practicable.
(b) Metering Options.--Electrical energy usage options to
be considered for a covered defense structure include the
following:
(1) Installation of a smart meter at the electric
power supply cable entry point of the covered defense
structure, with remote data storage and retrieval
capability using cellular communication, to provide
historical energy usage data on an hourly basis to
accurately determine the optimum cost effective energy
efficiency and energy resilience measures for the
covered defense structure.
(2) Use of an energy usage audit firm to
individually meter the covered defense structure using
clamp-on meters and data storage to provide year-long
electric energy load profile data, particularly in the
case of a covered defense structure located in climates
with highly variable use based on weather or
temperature changes, to accurately identify electric
energy usage demand for both peak and off peak periods
for a covered defense structure.
(3) Manual collection and calculation of the
connected load via nameplate data survey of all the
connected electrical devices for the covered defense
structure and comparison of such data to the designed
maximum rating of the incoming electric supply to
determine the maximum electrical load for the covered
defense structure.
(c) Cybersecurity.--The Secretary of Defense and the
Secretaries of the military departments shall consult with the
Chief Information Officer of the Department of Defense to
ensure that the electrical energy metering options considered
under subsection (b) do not compromise the cybersecurity of
Department of Defense networks.
(d) Consideration of Partnerships.--The Secretary of
Defense and the Secretaries of the military departments shall
consider the use of arrangements (known as public-private
partnerships) with appropriate entities outside the Government
to reduce the cost of carrying out this section.
(e) Definitions.--In this section:
(1) The term ``covered defense structure'' means
any infrastructure under the jurisdiction of the
Department of Defense inside the United States that the
Secretary of Defense or the Secretary of the military
department concerned determines--
(A) is used to support a critical mission
of the Department; and
(B) is located at a military installation
with base-wide resilient power.
(2) The term ``energy resilience'' has the meaning
given that term in section 101(e)(6) of title 10,
United States Code.
(f) Implementation Report.--As part of the Department of
Defense energy management report to be submitted under section
2925 of title 10, United States Code, during fiscal year 2022,
the Secretary of Defense shall include information on the
progress being made to comply with the requirements of this
section.
SEC. 2827. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY
INSTALLATIONS.
(a) Risk-Based Approach to Installation Water Management
and Security.--
(1) General requirement.--The Secretary concerned
shall adopt a risk-based approach to water management
and security for each military installation under the
jurisdiction of the Secretary.
(2) Implementation priorities.--The Secretary
concerned shall begin implementation of paragraph (1)
by prioritizing those military installations under the
jurisdiction of the Secretary that the Secretary
determines--
(A) are experiencing the greatest risks to
sustainable water management and security; and
(B) face the most severe existing or
potential adverse impacts to mission assurance
as a result of such risks.
(3) Determination method.--Determinations under
paragraph (2) shall be made on the basis of the water
management and security assessments made by the
Secretary concerned under subsection (b).
(b) Water Management and Security Assessments.--
(1) Assessment methodology.--The Secretaries
concerned, acting jointly, shall develop a methodology
to assess risks to sustainable water management and
security and mission assurance.
(2) Elements.--Required elements of the assessment
methodology shall include the following:
(A) An evaluation of the water sources and
supply connections for a military installation,
including water flow rate and extent of
competition for the water sources.
(B) An evaluation of the age, condition,
and jurisdictional control of water
infrastructure serving the military
installation.
(C) An evaluation of the military
installation's water-security risks related to
drought-prone climates, impacts of defense
water usage on regional water demands, water
quality, and legal issues, such as water rights
disputes.
(D) An evaluation of the resiliency of the
military installation's water supply and the
overall health of the aquifer basin of which
the water supply is a part, including the
robustness of the resource, redundancy, and
ability to recover from disruption.
(E) An evaluation of existing water
metering and consumption at the military
installation, considered at a minimum--
(i) by type of installation
activity, such as training,
maintenance, medical, housing, and
grounds maintenance and landscaping;
and
(ii) by fluctuations in
consumption, including peak consumption
by quarter.
(c) Evaluation of Installations for Potential Net Zero
Water Usage.--
(1) Evaluation required.--The Secretary concerned
shall conduct an evaluation of each military
installation under the jurisdiction of the Secretary to
determine the potential for the military installation,
or at a minimum certain installation activities, to
achieve net zero water usage.
(2) Elements.--Required elements of each evaluation
shall include the following:
(A) An evaluation of alternative water
sources to offset use of freshwater, including
water recycling and harvested rainwater for use
as non-potable water.
(B) An evaluation of the feasibility of
implementing Department of Energy guidelines
for net zero water usage, when practicable, to
minimize water consumption and wastewater
discharge in buildings scheduled for
renovation.
(C) An evaluation of the practicality of
implementing net zero water usage technology
into new construction in water-constrained
areas, as determined by water management and
security assessments conducted under subsection
(b).
(d) Improved Landscaping Management Practices.--
(1) Landscaping management.--The Secretary
concerned shall implement, to the maximum extent
practicable, at each military installation under the
jurisdiction of the Secretary landscaping management
practices to increase water resilience and ensure
greater quantities of water availability for
operational, training, and maintenance requirements.
(2) Arid or semi-arid climates.--For military
installations located in arid or semi-arid climates,
landscaping management practices shall include the use
of xeriscaping.
(3) Non-arid climates.--For military installations
located in non-arid climates, landscaping management
practices shall include the use of plants common to the
region in which the installation is located and native
grasses and plants.
(4) Pollinator conservation reference guide.--The
Secretary concerned shall follow the recommendations of
the Department of Defense Pollinator Conservation
Reference Guide (September 2018) to the maximum extent
practicable in order to reduce operation and
maintenance costs related to landscaping management,
while improving area management. Consistent with such
guide, in the preparation of a military installation
landscaping plan, the Secretary concerned should
consider the following:
(A) Adding native flowering plants to sunny
open areas and removing overhanging tree limbs
above open patches within forested areas or
dense shrub.
(B) Removing or controlling invasive plants
to improve pollinator habitat.
(C) Preserving known and potential
pollinator nesting and overwintering sites.
(D) Eliminating or minimizing pesticide use
in pollinator habitat areas.
(E) Mowing in late fall or winter after
plants have bloomed and set seed, adjusting
timing to avoid vulnerable life stages of
special status pollinators.
(F) Mowing mid-day when adult pollinators
can avoid mowing equipment.
(e) Implementation Report.--
(1) Report required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the other Secretaries
concerned, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the progress made in implementing this
section.
(2) Report elements.--The report shall include the
following:
(A) The methodology developed under
subsection (b) to conduct water management and
security assessments.
(B) A list of the military installations
that have been assessed using such methodology
and a description of the findings.
(C) A list of planned assessments for the
one-year period beginning on the date of the
submission of the report.
(D) An evaluation of the progress made on
implementation of xeriscaping and other
regionally appropriate landscaping practices at
military installations.
(f) Definitions.--In this section:
(1) The term ``net zero water usage'', with respect
to a military installation or installation activity,
means a situation in which the combination of
limitations on the consumption of water resources and
the return of water to an original water source by the
installation or activity is sufficient to prevent any
reduction in the water resources of the area in both
quantity and quality over a reasonable period of time.
(2) The terms ``Secretary concerned'' and
``Secretary'' mean the Secretary of a military
department and the Secretary of Defense with respect to
the Pentagon Reservation.
(3) The term ``xeriscaping'' means landscape design
that emphasizes low water use and drought-tolerant
plants that require little or no supplemental
irrigation.
SEC. 2828. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF
EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR
REAL PROPERTY IN EUROPE.
(a) Prohibition on Closure or Return.--Except as provided
by subsection (b), the Secretary of Defense shall not implement
any activity that closes or returns to the host nation any
military installation, infrastructure, or real property in
Europe that, as of the date of enactment of this Act, is under
the operational control of the Department of Defense or a
military department and is utilized by the United States Armed
Forces.
(b) Waiver and Exception.--The Secretary of Defense may
waive the prohibition under subsection (a) if the Secretary
certifies to the congressional defense committees that there is
no longer a foreseeable need for the military installation,
infrastructure, or real property, or a portion of the military
installation in the case of a partial closure and return of a
military installation, to support a permanent or rotational
United States military presence in the European theater.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Arizona
Department of Emergency and Military Affairs (in this section
referred to as the ``State'') all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more than
3,000 acres at Camp Navajo, Arizona, for the purpose of
permitting the State to use the property--
(1) for training the Arizona Army National Guard
and Air National Guard; and
(2) for defense industrial base economic
development purposes that are compatible with the
environmental security and primary National Guard
training purpose of Camp Navajo.
(b) Condition of Conveyance.--
(1) Use of revenues.--The authority of the
Secretary of the Army to make the conveyance described
in subsection (a) is subject to the condition that the
State agree that all revenues generated from the use of
the property conveyed under such subsection will be
used to support the training requirements of the
Arizona Army National Guard and Air National Guard,
including necessary infrastructure maintenance and
capital improvements.
(2) Audit.--The United States Property and Fiscal
Office for Arizona shall--
(A) conduct periodic audits of all revenues
generated by uses of the conveyed property and
the use of such revenues; and
(B) provide the audit results to the Chief
of the National Guard Bureau.
(c) Reversionary Interest.--
(1) Interest retained.--If the Secretary of the
Army determines at any time that the property conveyed
under subsection (a) is not being used in accordance
with the purposes of the conveyance specified in such
subsection, or that the State has not complied with the
condition imposed by subsection (b), all right, title,
and interest in and to the conveyed property, including
any improvements thereon, shall, at the option of the
Secretary, revert to and become the property of the
United States, and the United States shall have the
right of immediate entry onto the property.
(2) Determination.--A determination by the
Secretary under this subsection shall be made on the
record after an opportunity for a hearing.
(d) Alternative Consideration Option.--
(1) Consideration option.--In lieu of exercising
the reversionary interest retained under subsection
(c), the Secretary of the Army may accept an offer by
the State to pay to the United States an amount equal
to the fair market value of the property conveyed under
subsection (a), excluding the value of any improvements
on the conveyed property constructed without Federal
funds after the date of the conveyance is completed, as
determined by the Secretary.
(2) Treatment of consideration received.--
Consideration received by the Secretary under paragraph
(1) shall be deposited in the special account in the
Treasury established for the Secretary under subsection
(e) of section 2667 of title 10, United States Code,
and shall be available to the Secretary for the same
uses and subject to the same limitations as provided in
that section.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army
shall require the State to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for
such costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey
costs, costs for environmental documentation related to
the conveyance, and any other administrative costs
related to the conveyance. If amounts are collected
from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the State.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out
the conveyance or, if the period of availability for
obligations for that appropriation has expired, to the
fund or account currently available to the Secretary
for the same purpose. Amounts so credited shall be
merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Army.
(g) Savings Provision.--Nothing in this section shall be
construed to alleviate, alter, or affect the responsibility of
the United States for cleanup and remediation of the property
to be conveyed under subsection (a) in accordance with the
Defense Environmental Restoration Program under section 2701 of
title 10, United States Code, and the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(h) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States. These additional terms may include a requirement
for the State to consult with the Secretary of the Navy
regarding use of the conveyed property.
SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL INDUSTRIAL
RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA.
(a) Elements of Exchange.--Section 2841(a) of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1860) is amended by striking
paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) real property, including improvements
thereon, located in Titusville, Florida, that will
replace the NIROP and meet the readiness requirements
of the Department of the Navy, as determined by the
Secretary; and
``(2) reimbursement for the costs of relocation of
contractor and Government personnel and equipment from
the NIROP to the replacement facilities, to the extent
specified in the land exchange agreement contemplated
in subsection (b).''.
(b) Elements of Land Exchange Agreement.--Section
2841(b)(1) of the Military Construction Authorization Act for
Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat.
1860) is amended by inserting after ``identifies'' the
following: ``the costs of relocation to be reimbursed by the
Exchange Entity,''.
(c) Valuation of Properties and Compensation.--Section 2841
of the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1860) is
amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(3) by inserting after subsection (b) the following
new subsections:
``(c) Valuation.--The Secretary shall determine the fair
market value of the properties, including improvements thereon,
to be exchanged by the Secretary and the Exchange Entity under
subsection (a).
``(d) Compensation.--
``(1) Compensation required.--The Exchange Entity
shall provide compensation under the land exchange
agreement described in subsection (b) that is equal to
or exceeds the fair market value of the NIROP, as
determined under subsection (c).
``(2) In-kind consideration.--As part of the
compensation under the land exchange agreement, the
Secretary and the Exchange Entity may agree for the
Exchange Entity to provide the following forms of in-
kind consideration at any property or facility under
the control of the Secretary:
``(A) Alteration, repair, improvement, or
restoration (including environmental
restoration) of property.
``(B) Use of facilities by the Secretary.
``(C) Provision of real property
maintenance services.
``(D) Provision of or payment of utility
services.
``(E) Provision of such other services
relating to activities that will occur on the
property as the Secretary considers
appropriate.
``(3) Deposit.--The Secretary shall deposit any
cash payments received under the land exchange
agreement, other than cash payments accepted under
section 2695 of title 10, United States Code, in the
account in the Treasury established pursuant to section
572(b) of title 40, United States Code.
``(4) Use of proceeds.--Proceeds deposited pursuant
to paragraph (3) in the account referred to in such
paragraph shall be available to the Secretary in such
amounts as provided in appropriations Acts for the
following activities:
``(A) Maintenance, protection, alternation,
repair, improvement, or restoration (including
environmental restoration) of property or
facilities.
``(B) Payment of utilities services.
``(C) Real property maintenance
services.''.
(d) Treatment of Certain Amounts Received.--Subsection (f)
of section 2841 of the Military Construction Authorization Act
for Fiscal Year 2018 (division B of Public Law 115-91; 131
Stat. 1861), as redesignated by subsection (c)(2) of this
section, is amended by striking ``(a), (c)(2), and (d)'' and
inserting ``(a) and (e)''.
(e) Sunset.--Subsection (j) of section 2841 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1861), as redesignated by
subsection (c)(2) of this section, is amended by striking
``October 1, 2023'' and inserting ``October 1, 2026, if the
Secretary and the Exchange Entity have not entered into a land
exchange agreement described in subsection (b) before that
date''.
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
(a) Conveyance Authorized.--If the Secretary of the Army
determines that no department or agency of the Federal
Government will accept the transfer of a parcel of real
property consisting of approximately 525 acres at Sharpe Army
Depot in Lathrop, California, the Secretary may convey to the
Port of Stockton, California, all right, title, and interest of
the United States in and to the property, including any
improvements thereon, for the purpose of permitting the Port of
Stockton to use the property for the development or operation
of a port facility.
(b) Modification of Parcel Authorized for Conveyance.--If a
department or agency of the Federal Government will accept the
transfer of a portion of the parcel of real property described
in subsection (a), the Secretary of the Army shall modify the
conveyance authorized by such subsection to exclude the portion
of the parcel to be accepted by that department or agency.
(c) Conveyance Alternatives.--
(1) Public benefit conveyance.--The Secretary of
the Army may assign the real property described in
subsection (a) to the Secretary of Transportation for
conveyance under such subsection as a public benefit
conveyance without monetary consideration to the
Federal Government if the Port of Stockton satisfies
the conveyance requirements specified in section 554 of
title 40, United States Code.
(2) Fair market value conveyance.--
(A) Amount and determination.--If the Port
of Stockton fails to qualify for a public
benefit conveyance under paragraph (1) and
still desires to acquire the real property
described in subsection (a), the Port of
Stockton shall pay to the United States an
amount that is not less than the fair market
value of the property to be conveyed. The
Secretary of the Army shall determine the fair
market value of the property using an
independent appraisal based on the highest and
best use of the property.
(B) Deposit and availability.--The
Secretary shall deposit cash payment received
under subparagraph (A) in the special account
in the Treasury established for that Secretary
under section 2667(e) of title 10, United
States Code. The entire amount deposited shall
be available for use in accordance with
paragraph (1)(C) of such section. Paragraph
(1)(D) of such section shall not apply to the
entire amount deposited.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army
shall require the Port of Stockton to pay costs to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to
carry out the conveyance authorized by subsection (a),
including survey costs, appraisal costs, costs for
environmental documentation related to the conveyance,
and any other administrative costs related to the
conveyance.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to pay
the costs incurred by the Secretary in carrying out the
conveyance under subsection (a) or, if the period of
availability of obligations for that appropriation has
expired, to the appropriations of fund that is
currently available to the Secretary for the same
purpose. Amounts so credited shall be merged with
amounts in such fund or account and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary of the Army.
(f) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States.
(g) Sunset.--If the real property authorized for conveyance
by subsection (a) is not conveyed within one year after the
date of the enactment of this Act, the Secretary of the Army
may report the property excess for disposal in accordance with
applicable law.
SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means the County
of San Bernardino, California.
(2) Federal land.--The term ``Federal land'' means
the approximately 73 acres of Federal land generally
depicted as ``Federal Land Proposed for Exchange'' on
the map titled ``Big Bear Land Exchange'' and dated
September 4, 2020.
(3) Non-federal land.--The term ``non-Federal
land'' means the approximately 71 acres of land owned
by the County generally depicted as ``Non-Federal Land
Proposed for Exchange'' on the map referred to in
paragraph (2).
(b) Exchange Authorized.--Subject to valid existing rights
and the terms of this section, no later than one year after the
date that the portion of the Pacific Crest National Scenic
Trail is relocated in accordance with subsection (i), if the
County offers to convey the non-Federal land to the United
States, the Secretary of Agriculture shall--
(1) convey to the County all right, title, and
interest of the United States in and to the Federal
land; and
(2) accept from the County a conveyance of all
right, title, and interest of the County in and to the
non-Federal land.
(c) Equal Value and Cash Equalization.--
(1) Equal value exchange.--The land exchange under
this section shall be for equal value, or the values
shall be equalized by a cash payment as provided for
under this subsection or an adjustment in acreage. At
the option of the County, any excess value of the non-
Federal lands may be considered a gift to the United
States.
(2) Cash equalization payment.--The County may
equalize the values of the lands to be exchanged under
this section by cash payment without regard to any
statutory limit on the amount of such a cash
equalization payment.
(3) Deposit and use of funds received from
county.--Any cash equalization payment received by the
Secretary of Agriculture under this subsection shall be
deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act).
The funds so deposited shall remain available to the
Secretary of Agriculture, until expended, for the
acquisition of lands, waters, and interests in land for
the San Bernardino National Forest.
(d) Appraisal.--The Secretary of Agriculture shall complete
an appraisal of the land to be exchanged under this section in
accordance with--
(1) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(2) the Uniform Standards of Professional Appraisal
Practice.
(e) Title Approval.--Title to the land to be exchanged
under this section shall be in a format acceptable to the
Secretary of Agriculture and the County.
(f) Survey of Non-Federal Lands.--Before completing the
exchange under this section, the Secretary of Agriculture shall
inspect the non-Federal lands to ensure that the land meets
Federal standards, including hazardous materials and land line
surveys.
(g) Costs of Conveyance.--As a condition of the conveyance
of the Federal land under this section, any costs related to
the exchange under this section shall be paid by the County.
(h) Management of Acquired Lands.--The Secretary of
Agriculture shall manage the non-Federal land acquired under
this section in accordance with the Act of March 1, 1911 (16
U.S.C. 480 et seq.; commonly known as the Weeks Act), and other
laws and regulations pertaining to National Forest System
lands.
(i) Pacific Crest National Scenic Trail Relocation.--No
later than three years after the date of the enactment of this
Act, the Secretary of Agriculture, in accordance with
applicable laws, shall relocate the portion of the Pacific
Crest National Scenic Trail located on the Federal land--
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County
approval;
(3) to land within the Federal land, subject to
County approval; or
(4) in a manner that combines two or more of the
options described in paragraphs (1), (2), and (3).
(j) Map and Legal Descriptions.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Agriculture shall finalize a map and legal descriptions of all
land to be conveyed under this section. The Secretary may
correct any minor errors in the map or in the legal
descriptions. The map and legal descriptions shall be on file
and available for public inspection in appropriate offices of
the Forest Service.
SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER RADAR SYSTEM
RECEIVING STATION, MODOC COUNTY, CALIFORNIA.
(a) Conveyance Required.--
(1) In general.--As soon as practicable after
receiving a request from Modoc County, California (in
this section referred to as the ``County'') regarding
the conveyance required by this section, but subject to
paragraph (2), the Secretary of Agriculture shall
convey to the County all right, title, and interest of
the United States in and to a parcel of National Forest
System land, including improvements thereon, consisting
of approximately 927 acres in Modoc National Forest in
the State of California and containing an obsolete
Over-the-Horizon Backscatter Radar System receiving
station established on the parcel pursuant to a
memorandum of agreement between the Department of the
Air Force and Forest Service dated May 18 and 23, 1987.
(2) Applicable law and national security
determination.--The Secretary of Agriculture shall
carry out the conveyance under subsection (a) in
accordance with this section and all other applicable
law, including the condition that the conveyance not
take place until the Secretary, in consultation with
the Secretary of the Air Force, determines that the
conveyance will not harm the national security
interests of the United States.
(b) Purpose of Conveyance.--The purpose of the conveyance
under subsection (a) is to preserve and utilize the
improvements constructed on the parcel of National Forest
System land described in such subsection and to permit the
County to use the conveyed property, including improvements
thereon, for the development of renewable energy, including
solar and biomass cogeneration.
(c) Consideration.--
(1) In general.--As consideration for the
conveyance under subsection (a), the County shall pay
to the Secretary of Agriculture an amount that is not
less than the fair market value of the parcel of land
to be conveyed, as determined in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisition and the Uniform Standards of Professional
Appraisal Practice.
(2) Treatment of cash consideration.--The Secretary
shall deposit the payment received under paragraph (1)
in the account in the Treasury established by Public
Law 90-171 (commonly known as the Sisk Act; 16 U.S.C.
484a). The amount deposited shall be available to the
Secretary, in such amounts as may be provided in
advance in appropriation Acts, to pay any necessary and
incidental costs incurred by the Secretary in
connection with the improvement, maintenance,
reconstruction, or construction of a facility or
improvement for the National Forest System located in
the State of California.
(d) Reservation of Easement Related to Continued Use of
Water Wells.--The conveyance required by subsection (a) shall
be conditioned on the reservation of an easement by the
Secretary of Agriculture, subject to such terms and conditions
as the Secretary deems appropriate, necessary to provide access
for use authorized by the Secretary of the four water wells in
existence on the date of the enactment of this Act and
associated water conveyance infrastructure on the parcel of
National Forest System lands to be conveyed.
(e) Withdrawal.--The National Forest System land described
in subsection (a) is withdrawn from the operation of the mining
and mineral leasing laws of the United States.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of Agriculture
shall require the County to cover costs (except costs
for environmental remediation of the property) to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to
carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and any other administrative costs
related to the conveyance. If amounts are collected
from the County in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the County.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
those costs incurred by the Secretary of Agriculture in
carrying out the conveyance. Amounts so credited shall
be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject
to the same conditions and limitations, as amounts in
such fund or account.
(g) Environmental Remediation.--
(1) In general.--To expedite the conveyance of the
parcel of National Forest System land described in
subsection (a), including improvements thereon,
environmental remediation of the land by the Department
of the Air Force shall be limited to the removal of the
perimeter wooden fence, which was treated with an
arsenic-based weatherproof coating, and treatment of
soil affected by leaching of such chemical.
(2) Potential future environmental remediation
responsibilities.--Notwithstanding the conveyance of
the parcel of National Forest System land described in
subsection (a), the Secretary of the Air Force shall be
responsible for the remediation of any environmental
contamination, discovered post-conveyance, that is
attributed to Air Force occupancy of and operations on
the parcel pre-conveyance.
(h) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of Agriculture.
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUPPORT
ACTIVITY PANAMA CITY, FLORIDA, PARCEL.
(a) Transfer to the Secretary of the Navy.--Administrative
jurisdiction over the parcel of Federal land consisting of
approximately 1.23 acres located within Naval Support Activity
Panama City, Florida, and used by the Department of the Navy
pursuant to Executive Order No. 10355 of May 26, 1952, and
Public Land Order Number 952 of April 6, 1954, is transferred
from the Secretary of the Interior to the Secretary of the
Navy.
(b) Land Survey.--The exact acreage and legal description
of the Federal land transferred by subsection (a) shall be
determined by a survey satisfactory to the Secretary of the
Navy and the Secretary of the Interior.
(c) Consideration and Reimbursement.--
(1) No consideration.--The transfer made by
subsection (a) shall be without consideration.
(2) Reimbursement.--The Secretary of the Navy shall
reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior under
subsection (b) in conducting the survey and preparing
the legal description of the Federal land transferred
by subsection (a).
(d) Status of Land After Transfer.--Upon transfer of the
Federal land by subsection (a), the land shall cease to be
public land and shall be treated as property (as defined in
section 102(9) of title 40, United States Code) under the
administrative jurisdiction of the Secretary of the Navy.
SEC. 2837. LEASE EXTENSION, BRYAN MULTI-SPORTS COMPLEX, WAYNE COUNTY,
NORTH CAROLINA.
(a) Authority.--In the case of the existing lease with the
City of Goldsboro, North Carolina, regarding the approximately
62-acre Bryan Multi-Sports Complex located in Wayne County,
North Carolina, the Secretary of the Air Force may enter into
an agreement with the City of Goldsboro to extend the term of
the lease for the purpose of permitting the City to continue to
operate a sports and recreation facility for the benefit of
both the Air Force and the community.
(b) Duration.--The duration of the lease extension provided
by the Secretary of the Air Force under subsection (a) may not
exceed 30 years, providing a total lease period not to exceed
50 years for the lease described in such subsection.
(c) Payments Under the Lease.--The Secretary of the Air
Force may waive the requirement under section 2667(b)(4) of
title 10, United States Code, with respect to the lease
extension authorized by subsection (a) if the Secretary
determines that extension of the lease described in such
subsection enhances the quality of life of members of the Armed
Forces.
SEC. 2838. LAND CONVEYANCES, MILAN ARMY AMMUNITION PLANT, TENNESSEE.
(a) Conveyances Authorized.--
(1) City of milan, tennessee.--The Secretary of the
Army may convey to the City of Milan, Tennessee (in
this section referred to as the ``City''), all right,
title, and interest of the United States in and to
parcels of real property, including any improvements
thereon, at Milan Army Ammunition Plant, Tennessee,
that run parallel to Highway 45 and consist of a total
of approximately 292 acres.
(2) University of tennessee.--The Secretary of the
Army may convey, without consideration, to the
University of Tennessee (in this section referred to as
the ``University'') all right, title, and interest of
the United States in and to parcels of real property,
including any improvements thereon and parcels
currently leased to the University, at Milan Army
Ammunition Plant that consist of a total of
approximately 900 acres for the purpose of permitting
the University to use the parcels for education
research.
(b) Consideration.--
(1) Amount and determination.--As consideration for
the conveyance authorized by subsection (a)(1), the
City shall pay to the Secretary of the Army an amount
that is not less than the fair market value of the
property to be conveyed under such subsection, as
determined by an appraisal approved by the Secretary.
(2) Deposit and availability.--The Secretary of the
Army shall deposit the cash payment received under
paragraph (1) in the special account in the Treasury
established for that Secretary under section 2667(e) of
title 10, United States Code. The entire amount
deposited shall be available for use in accordance with
paragraph (1)(C) of such section. Paragraph (1)(D) of
such section shall not apply to the entire amount
deposited.
(c) Reversionary Interest.--
(1) Interest retained.--If the Secretary of the
Army determines at any time that the property conveyed
to the University under subsection (a)(2) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and
interest in and to the conveyed property, including any
improvements thereon, shall, at the option of the
Secretary, revert to and become the property of the
United States, and the United States shall have the
right of immediate entry onto the property. A
determination by the Secretary under this subsection
shall be made on the record after an opportunity for a
hearing.
(2) Alternative consideration option.--In lieu of
exercising the reversionary interest retained under
paragraph (1), the Secretary of the Army may accept an
offer by the University to pay to the Secretary an
amount equal to the fair market value of the property
conveyed under subsection (a)(2), excluding the value
of any improvements on the conveyed property
constructed without Federal funds after the date the
conveyance is completed, as determined by the
Secretary. Subsection (b)(2) shall apply to any cash
payment received by the Secretary under this paragraph.
(d) Payment of Costs of Conveyance.--
(1) Conveyance to city.--The Secretary of the Army
shall require the City to pay costs to be incurred by
the Secretary, or to reimburse the Secretary for such
costs incurred by the Secretary, to carry out the
conveyance authorized by subsection (a)(1), including
survey costs, appraisal costs, costs for environmental
documentation related to the conveyance, and any other
administrative costs related to the conveyance.
(2) Conveyance to university.--The Secretary shall
require the University to pay costs to be incurred by
the Secretary, or to reimburse the Secretary for such
costs incurred by the Secretary, to carry out the
conveyance authorized by subsection (a)(2), including
survey costs, appraisal costs, costs for environmental
documentation related to the conveyance, and any other
administrative costs related to the conveyance.
(3) Treatment of amounts received.--Amounts
received as reimbursement under paragraphs (1) and (2)
shall be credited to the fund or account that was used
to pay the costs incurred by the Secretary in carrying
out the conveyances under subsection (a) or, if the
period of availability of obligations for that
appropriation has expired, to the appropriations of
fund that is currently available to the Secretary for
the same purpose. Amounts so credited shall be merged
with amounts in such fund or account and shall be
available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account.
(e) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Army.
(f) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyances authorized by subsection (a) as
the Secretary considers appropriate to protect the interests of
the United States.
Subtitle E--Military Land Withdrawals
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO BENEFIT NAVAL
AIR FACILITY, EL CENTRO, CALIFORNIA.
Section 2925 of the El Centro Naval Air Facility Ranges
Withdrawal Act (subtitle B of title XXIX of Public Law 104-201;
110 Stat. 2816) is amended by striking ``25 years after the
date of the enactment of this subtitle'' and inserting ``on
November 6, 2046''.
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND
RESERVATION.
Notwithstanding section 3015 of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 892), the withdrawal and reservation of lands (known as
the Fallon Range Training Complex) made by section 3011(a) of
such Act (113 Stat. 885) shall terminate on November 6, 2046.
SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL
AND RESERVATION.
Notwithstanding section 3015 of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 892), the withdrawal and reservation of lands (known as
the Nevada Test and Training Range) made by section 3011(b) of
such Act (113 Stat. 886) shall terminate on November 6, 2046.
SEC. 2844. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT USE OF
CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER
PUBLIC LAND LAWS.
(a) Interagency Executive Committee on Joint Use by
Department of the Navy and Department of the Interior of Naval
Air Station Fallon Ranges.--Section 3011(a) of the Military
Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 885)
is amended by adding at the end the following new paragraph:
``(5) Intergovernmental executive committee.--
``(A) Establishment.--The Secretary of the
Navy and the Secretary of the Interior shall
jointly establish, by memorandum of
understanding, an intergovernmental executive
committee (referred to in this paragraph as the
`executive committee'), for the purpose of
exchanging views, information, and advice
relating to the management of the natural and
cultural resources of the land described in
paragraph (2).
``(B) Memorandum of understanding.--The
memorandum of understanding entered into under
subparagraph (A) shall include--
``(i) a description of the
officials and other individuals to be
invited to participate as members in
the executive committee under
subparagraph (C);
``(ii) a description of the duties
of the Chairperson and Vice Chairperson
of the executive committee; and
``(iii) subject to subparagraphs
(D) and (E), a procedure for--
``(I) creating a forum to
carry out the purpose described
in subparagraph (A);
``(II) rotating the
Chairperson of the executive
committee; and
``(III) scheduling regular
meetings of the executive
committee.
``(C) Membership.--The executive committee
shall be comprised of--
``(i) 1 representative of the
Nevada Department of Wildlife;
``(ii) 1 representative of the
Nevada Department of Conservation and
Natural Resources;
``(iii) 1 county commissioner from
each of Churchill, Lyon, Nye, Mineral,
and Pershing Counties, Nevada;
``(iv) 1 representative of each
Indian tribe in the vicinity of the
land described in paragraph (2); and
``(v) not more than 3 members that
the Secretary of the Navy and the
Secretary of the Interior jointly
determine would advance the goals and
objectives of the executive committee.
``(D) Chairperson and vice chairperson.--
The members of the executive committee shall
elect from among the members--
``(i) 1 member to serve as
Chairperson of the executive committee;
and
``(ii) 1 member to serve as Vice
Chairperson of the executive committee.
``(E) Meetings.--
``(i) Frequency.--The executive
committee shall meet not less
frequently than 3 times each calendar
year.
``(ii) Location.--The location of
the meetings of the executive committee
shall rotate to facilitate ease of
access for all members of the executive
committee.
``(iii) Public accessibility.--The
meetings of the executive committee
shall--
``(I) be open to the
public; and
``(II) serve as a forum for
the public to provide comments
regarding the natural and
cultural resources of the land
described in paragraph (2).
``(F) Conditions and terms.--
``(i) In general.--Each member of
the executive committee shall serve
voluntarily and without compensation.
``(ii) Term of appointment.--
``(I) In general.--Except
as provided in subclause
(II)(bb), each member of the
executive committee shall be
appointed for a term of 4
years.
``(II) Original members.--
Of the members initially
appointed to the executive
committee, the Secretary of the
Navy and the Secretary of the
Interior shall select--
``(aa) \1/2\ to
serve for a term of 4
years; and
``(bb) \1/2\ to
serve for a term of 2
years.
``(iii) Reappointment and
replacement.--The Secretary of the Navy
and the Secretary of the Interior may
reappoint or replace, as appropriate, a
member of the executive committee if--
``(I) the term of the
member has expired;
``(II) the member has
resigned; or
``(III) the position held
by the member has changed to
the extent that the ability of
the member to represent the
group or entity that the member
represents has been
significantly affected.
``(G) Liaisons.--The Secretary of the Navy
and the Secretary of the Interior shall each
appoint appropriate operational and land
management personnel of the Department of the
Navy and the Department of the Interior,
respectively, to serve as liaisons to the
executive committee.''.
(b) Joint Access and Use by Department of the Air Force and
Department of the Interior of Nevada Test and Training Range
and Desert National Wildlife Refuge.--
(1) United states fish and wildlife service and
department of the air force coordination.--Section
3011(b)(5) of the Military Lands Withdrawal Act of 1999
(Public Law 106-65; 113 Stat. 887) is amended by adding
at the end the following new subparagraph:
``(G) Interagency committee.--
``(i) In general.--The Secretary of
the Interior and the Secretary of the
Air Force shall jointly establish an
interagency committee (referred to in
this subparagraph as the `interagency
committee') to facilitate coordination,
manage public access needs and
requirements, and minimize potential
conflict between the Department of the
Interior and the Department of the Air
Force with respect to joint operating
areas within the Desert National
Wildlife Refuge.
``(ii) Membership.--The interagency
committee shall include only the
following members:
``(I) Representatives from
the United States Fish and
Wildlife Service.
``(II) Representatives from
the Department of the Air
Force.
``(III) The Project Leader
of the Desert National Wildlife
Refuge Complex.
``(IV) The Commander of the
Nevada Test and Training Range,
Nellis Air Force Base.
``(iii) Report to congress.--The
interagency committee shall biannually
submit to the Committees on Armed
Services, Environment and Public Works,
and Energy and Natural Resources of the
Senate and the Committees on Armed
Services and Natural Resources of the
House of Representatives, and make
available publicly online, a report on
the activities of the interagency
committee.''.
(2) Intergovernmental executive committee.--Such
section is further amended by adding at the end the
following new subparagraph:
``(H) Intergovernmental executive
committee.--
``(i) Establishment.--The Secretary
of the Interior and the Secretary of
the Air Force shall jointly establish,
by memorandum of understanding, an
intergovernmental executive committee
(referred to in this subparagraph as
the `executive committee') in
accordance with this subparagraph.
``(ii) Purpose.--The executive
committee shall be established for the
purposes of--
``(I) exchanging views,
information, and advice
relating to the management of
the natural and cultural
resources of the lands
withdrawn and reserved by this
section; and
``(II) discussing and
making recommendations to the
interagency committee
established under subparagraph
(G) with respect to public
access needs and requirements.
``(iii) Composition.--The executive
committee shall comprise the following
members:
``(I) Federal agencies.--
The Secretary of the Interior
and the Secretary of the Air
Force shall each appoint 1
representative from an
interested Federal agency.
``(II) State government.--
The Secretary of the Interior
and the Secretary of the Air
Force shall jointly invite 1
representative of the Nevada
Department of Wildlife.
``(III) Local
governments.--The Secretary of
the Interior and the Secretary
of the Air Force shall jointly
invite 1 county commissioner of
each of Clark, Nye, and Lincoln
Counties, Nevada.
``(IV) Tribal
governments.--The Secretary of
the Interior and the Secretary
of the Air Force shall jointly
invite 1 representative of each
Indian tribe in the vicinity of
the portions of the joint use
area of the Desert National
Wildlife Refuge where the
Secretary of the Interior
exercises primary jurisdiction.
``(V) Public.--The
Secretary of the Interior and
the Secretary of the Air Force
shall jointly invite not more
than 3 private individuals who
the Secretary of the Interior
and the Secretary of the Air
Force jointly determine would
further the goals and
objectives of the executive
committee.
``(VI) Additional
members.--The Secretary of the
Interior and the Secretary of
the Air Force may designate
such additional members as the
Secretary of the Interior and
the Secretary of the Air Force
jointly determine to be
appropriate.
``(iv) Operation.--The executive
committee shall operate in accordance
with the terms set forth in the
memorandum of understanding under
clause (i), which shall specify the
officials or other individuals to be
invited to participate in the executive
committee in accordance with clause
(iii).
``(v) Procedures.--Subject to
clauses (vi) and (vii), the memorandum
of understanding under clause (i) shall
establish procedures for--
``(I) creating a forum for
carrying out the purpose
described in clause (ii);
``(II) rotating the
Chairperson of the executive
committee; and
``(III) scheduling regular
meetings.
``(vi) Chairperson and vice
chairperson.--
``(I) In general.--The
members of the executive
committee shall elect from
among the members--
``(aa) 1 member to
serve as the
Chairperson of the
executive committee;
and
``(bb) 1 member to
serve as the Vice
Chairperson of the
executive committee.
``(II) Duties.--The duties
of each of the Chairperson and
the Vice Chairperson shall be
included in the memorandum of
understanding under clause (i).
``(vii) Meetings.--
``(I) Frequency.--The
executive committee shall meet
not less frequently than 3
times each calendar year.
``(II) Meeting locations.--
Locations of meetings of the
executive committee shall
rotate to facilitate ease of
access for all executive
committee members.
``(III) Public
accessibility.--Meetings of the
executive committee shall--
``(aa) be open to
the public; and
``(bb) provide a
forum for the public to
provide comment
regarding the
management of, and
public access to, the
Nevada Test and
Training Range and the
Desert National
Wildlife Refuge.
``(viii) Conditions and terms of
appointment.--
``(I) In general.--Each
member of the executive
committee shall serve
voluntarily and without
compensation.
``(II) Term of
appointment.--
``(aa) In
general.--Each member
of the executive
committee shall be
appointed for a term of
4 years.
``(bb) Original
members.--
Notwithstanding item
(aa), the Secretary of
the Interior and the
Secretary of the Air
Force shall select--
``(AA) \1/2\ of the
original members of the
executive committee to
serve for a term of 4
years; and
``(BB) \1/2\ of the
original members of the
executive committee to
serve for a term of 2
years.
``(III) Reappointment and
replacement.--The Secretary of
the Interior and the Secretary
of the Air Force may reappoint
or replace a member of the
executive committee if--
``(aa) the term of
the member has expired;
``(bb) the member
has resigned; or
``(cc) the position
held by the member has
changed to the extent
that the ability of the
member to represent the
group or entity that
the member represents
has been significantly
affected.
``(ix) Liaisons.--The Secretary of
the Air Force and the Secretary of the
Interior shall each appoint appropriate
operational and land management
personnel of the Department of the Air
Force and the Department of the
Interior, respectively, to participate
in, and serve as liaisons to, the
executive committee.''.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR INTERAGENCY
COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.
Section 2835(e)(1) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84; 10 U.S.C. 2687 note) is amended--
(1) in the paragraph heading, by striking
``Annual'' and inserting ``Biennial''; and
(2) in the matter preceding subparagraph (A)--
(A) by striking ``February 1 of each year''
and inserting ``February 1, 2022, and every
second February 1 thereafter'';
(B) by striking ``fiscal year'' and
inserting ``two fiscal years'';
(C) by striking ``such year'' and inserting
``such years''; and
(D) by striking ``the year'' and inserting
``the years''.
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC
INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF
MARINE CORPS FORCES IN ASIA-PACIFIC REGION.
Notwithstanding section 2821(b) of the Military
Construction Authorization Act for Fiscal Year 2015 (division B
of Public Law 113-291; 10 U.S.C. 2687 note), the Secretary of
Defense may proceed with the public infrastructure project on
Guam intended to provide a new public health laboratory, as
identified in the report prepared by the Secretary of Defense
under section 2822(d)(2) of the Military Construction
Authorization Act for Fiscal Year 2014 (division B of Public
Law 113-66; 127 Stat. 1017) and entitled ``Economic Adjustment
Committee Implementation Plan Supporting the Preferred
Alternative for the Relocation of Marine Corps Forces to
Guam'', subject to the availability of funds for the project.
SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO SUPPORT
ROTATIONAL ARMED FORCES IN AUSTRALIA.
(a) Master Plan Required.--The Secretary of Defense shall
develop a master plan for the construction of infrastructure
required to support the rotational presence of units and
members the United States Armed Forces in the Northern
Territory of the Commonwealth of Australia (in this section
referred to as the ``Northern Territory'').
(b) Master Plan Elements.--The master plan shall include
the following:
(1) A list and description of the scope, cost, and
schedule for each military construction, repair, or
other infrastructure project carried out at
installations or training areas in the Northern
Territory since October 1, 2011.
(2) A list and description of the scope, cost, and
schedule for each military construction, repair, or
other infrastructure project anticipated to be
necessary at installations or training areas in the
Northern Territory during the 10-year period beginning
on the date of the enactment of this Act.
(3) For each project included in the master plan
pursuant to paragraph (1) or (2), an explanation of--
(A) whether the proponent of the project
was the Secretary of a military department, a
combat support agency, a combatant command, or
the Commonwealth of Australia; and
(B) the funding source, or anticipated
resource sponsor, for the project, including
whether the project is funded by the United
States, by the Commonwealth of Australia, or
jointly by both countries.
(4) Such other issues as determined by the
Secretary of Defense to be appropriate.
(c) Coordination.--The Secretary of Defense shall
coordinate with the Commander of United States Indo-Pacific
Command and the Secretaries of the military departments to
develop the master plan.
(d) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a copy of the master plan. The report shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 2854. BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
(a) Designation of Responsible Organizational Element.--
(1) Designation required.--The Secretary of Defense
shall designate a single organizational element of the
Department of Defense to be responsible for bulk fuel
management and delivery throughout the United States
Indo-Pacific Command Area of Responsibility.
(2) Deadline for designation; notice.--Not later
than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall make the
designation required by paragraph (1) and notify the
Committees on Armed Services of the Senate and the
House of Representatives of the organizational element
so designated.
(b) Bulk Fuel Management Strategy.--
(1) Strategy required.--The organizational element
designated pursuant to subsection (a) shall prepare a
bulk fuel management strategy for the United States
Indo-Pacific Command Area of Responsibility designed to
develop the required bulk fuel management
infrastructure and programs to optimally support bulk
fuel management in the United States Indo-Pacific
Command Area of Responsibility.
(2) Additional elements.--The strategy shall
include the following additional elements:
(A) A description of current organizational
responsibility of bulk fuel management in the
United States Indo-Pacific Command Area of
Responsibility from ordering, storage,
strategic transportation, and tactical
transportation to the last tactical mile.
(B) A description of legacy bulk fuel
management assets that can be used to support
the United States Indo-Pacific Command.
(C) A description of current programs for
platforms and weapon systems and research and
development aimed at managing fuel constraints
through decreasing demand.
(c) Coordination.--The bulk fuel management strategy
required by subsection (b) shall be prepared in coordination
with subject-matter experts of the United States Indo-Pacific
Command, the United States Transportation Command, the Defense
Logistics Agency, and the military departments.
(d) Prohibition on Certain Construction Pending Notice.--Of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Navy for
construction related to additional bulk fuel storage in the
United States Indo-Pacific Command Area of Responsibility, not
more than 50 percent may be obligated or expended before the
date on which the notice required by subsection (a)(2) is
submitted.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS REALIZED FROM
INTERGOVERNMENTAL SERVICES AGREEMENTS FOR
INSTALLATION-SUPPORT SERVICES.
(a) Pilot Program Required.--Section 2679 of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Pilot Program for Use of Cost Savings Realized.--(1)
Each Secretary concerned shall conduct a pilot program under
which the Secretary will make available to the commander of
each military installation for which cost savings are realized
as a result of an intergovernmental support agreement entered
into under this section an amount equal to not less than 25
percent of the amount of such cost savings for that military
installation for a fiscal year.
``(2) Amounts made available to an installation commander
under paragraph (1) shall be used solely to address sustainment
restoration and modernization requirements that have been
approved by the major subordinate command or equivalent
component.
``(3) With respect to each military installation for which
amounts are made available to the installation commander under
paragraph (1), the Secretary concerned shall certify, not less
frequently than annually for each fiscal year of the pilot
program, to the congressional defense committees the following:
``(A) The name of the installation and the amount
of the cost savings achieved at the installation.
``(B) The source and type of intergovernmental
support agreement that achieved the cost savings.
``(C) The amount of the cost savings made available
to the installation commander under paragraph (1).
``(D) The sustainment restoration and modernization
purposes for which the amount made available under
paragraph (1) were used.
``(4) The authority to conduct the pilot program shall
expire September 30, 2025.''.
(b) Promulgation of Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall promulgate guidance for the development of the
pilot program required by subsection (e) of section 2679 of
title 10, United States Code, as added by subsection (a).
SEC. 2862. DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE EXPANSION OF
LAND EXCHANGE AUTHORITY.
(a) Pilot Program Required.--Section 2869(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) The Secretary of Defense shall establish a pilot
program under which the Secretary concerned, during the term of
the pilot program, may use the authority provided by paragraph
(1) to also convey real property, including any improvements
thereon, described in paragraph (2) to any person who agrees,
in exchange for the real property, to provide--
``(i) installation-support services (as defined in
2679(e) of this title); or
``(ii) a new facility or improvements to an
existing facility.
``(B) The acquisition of a facility or improvements to an
existing facility using the authority provided by subparagraph
(A) shall not be treated as a military construction project for
which an authorization is required by section 2802 of this
title.
``(C) The expanded conveyance authority provided by
subparagraph (A) applies only during the five-year period
beginning on the date on which the Secretary of Defense issues
guidance regarding the use by the Secretaries concerned of such
authority.''.
(b) Conditions on Use of Expanded Conveyance Authority.--
Section 2869(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``of
the land to be'' and inserting ``of the real
property, installation-support services, or
facility or improvements to an existing
facility''; and
(B) in the second sentence, by striking
``of the land is less than the fair market
value of the real property to be conveyed'' and
inserting ``of the real property conveyed by
the Secretary concerned exceeds the fair market
value of the real property, installation-
support services, or facility or improvements
received by the Secretary''; and
(2) by adding at the end the following new
paragraph:
``(3) The Secretary concerned may agree to accept a
facility or improvements to an existing facility under
subsection (a)(3) only if the Secretary concerned determines
that the facility or improvements--
``(A) are completed and usable, fully functional,
and ready for occupancy;
``(B) satisfy all operational requirements; and
``(C) meet all Federal, State, and local
requirements applicable to the facility relating to
health, safety, and the environment.''.
(c) Issuance of Guidance.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall issue guidance providing for the implementation of the
pilot program required by section 2869(a)(3) of title 10,
United States Code, as added by this section.
SEC. 2863. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY
CONSTRUCTION PRIORITIES.
(a) Pilot Program.--The Secretary of Defense shall conduct
a pilot program to evaluate the usefulness of reserving a
portion of the military construction funds of the military
departments to help the combatant commands satisfy their
military construction priorities in a timely manner.
(b) Location.--The Secretary of Defense shall conduct the
pilot program for the benefit of the United States Indo-Pacific
Command in the area of responsibility of the United States
Indo-Pacific Command.
(c) Required Investment.--For each fiscal year during which
the pilot program is conducted, the Secretary of Defense shall
reserve to carry out military construction projects under the
pilot program an amount equal to 10 percent of the total amount
authorized to be appropriated for military construction
projects by titles XXI, XXII, and XXIII of the Military
Construction Authorization Act for that fiscal year.
(d) Commencement and Duration.--
(1) Commencement.--The Secretary of Defense shall
commence the pilot program no later than October 1,
2023. The Secretary may commence the pilot program as
early as October 1, 2022, if the Secretary determines
that compliance with the reservation of funds
requirement under subsection (c) is practicable
beginning with fiscal year 2023.
(2) Duration.--The pilot program shall be in effect
for the fiscal year in which the Secretary commences
the pilot program, as described in paragraph (1), and
the subsequent two fiscal years. Any construction
commenced under the pilot program before the expiration
date may continue to completion.
(e) Progress Report.--Not later than February 15 of the
final fiscal year of the pilot program, the Secretary of
Defense shall submit to the congressional defense committees a
report evaluating the success of the pilot program in improving
the timeliness of the United States Indo-Pacific Command in
achieving its military construction priorities. The Secretary
shall include in the report--
(1) an evaluation of the likely positive and
negative impacts were the pilot program extended or
made permanent and, if extended or made permanent, the
likely positive and negative impacts of expansion to
cover all or additional combatant commands; and
(2) the recommendations of the Secretary regarding
whether the pilot program should be extended or made
permanent and expanded.
SEC. 2864. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN
A MICROGRID CONFIGURATION AT CERTAIN MILITARY
INSTALLATIONS.
(a) Pilot Program Authorized.--The Secretary of Defense may
conduct a pilot program (to be known as the ``Emergency Diesel
Generator Microgrid Program'') to evaluate the feasibility and
cost effectiveness of connecting existing diesel generators at
a military installation selected pursuant to subsection (c) to
create and support one or more microgrid configurations at the
installation capable of providing full-scale electrical power
for the defense critical facilities located at the installation
during an emergency involving the loss of external electric
power supply caused by an extreme weather condition, manmade
intentional infrastructure damage, or other circumstance.
(b) Goals of Pilot Program.--The goals of the Emergency
Diesel Generator Microgrid Program are--
(1) to test assumptions about lower operating and
maintenance costs, parts interchangeability, lower
emissions, lower fuel usage, increased resiliency,
increased reliability, and reduced need for emergency
diesel generators; and
(2) to establish design criteria that could be used
to build and sustain emergency diesel generator
microgrids at other military installations.
(c) Pilot Program Locations.--As the locations to conduct
the Emergency Diesel Generator Microgrid Program, the Secretary
of Defense shall select two major military installations
located in different geographical regions of the United States
that the Secretary determines--
(1) are defense critical electric infrastructure
sites or contain, or are served by, defense critical
electric infrastructure;
(2) contain more than one defense critical function
for national defense purposes and the mission assurance
of such critical defense facilities are paramount to
maintaining national defense and force projection
capabilities at all times; and
(3) face unique electric energy supply, delivery,
and distribution challenges that, based on the
geographic location of the installations and the
overall physical size of the installations, adversely
impact rapid electric infrastructure restoration after
an interruption.
(d) Specifications of Diesel Generators and Microgrid.--
(1) Generator specifications.--The Secretary of
Defense shall use existing diesel generators that are
sized >/= 750kW output.
(2) Microgrid specifications.--The Secretary of
Defense shall create the microgrid using commercially
available and proven designs and technologies. The
existing diesel generators used for the microgrid
should be spaced within 1.0 to 1.5 mile of each other
and, using a dedicated underground electric cable
network, be tied into a microgrid configuration
sufficient to supply mission critical facilities within
the service area of the microgrid. A selected military
installation may contain more than one such microgrid
under the Emergency Diesel Generator Microgrid Program.
(e) Program Authorities.--The Secretary of Defense may use
the authority under section 2914 of title 10, United States
Code (known as the Energy Resilience and Conservation
Investment Program), and energy savings performance contracts
to conduct the Emergency Diesel Generator Microgrid Program.
(f) Definitions.--For purposes of the Emergency Diesel
Generator Microgrid Program:
(1) The term ``defense critical electric
infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act (16 U.S.C. 824o-
1).
(2) The term ``energy savings performance
contract'' has the meaning given that term in section
804(3) of the National Energy Conservation Policy Act
(42 U.S.C. 8287c(3)).
(3) The term ``existing diesel generators'' means
diesel generators located, as of the date of the
enactment of this Act, at a major military installation
selected as a location for the Emergency Diesel
Generator Microgrid Program and intended for emergency
use.
(4) The term ``major military installation'' has
the meaning given that term in section 2864 of title
10, United States Code.
SEC. 2865. PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY CONSTRUCTION
PROJECTS FOR CHILD DEVELOPMENT CENTERS AT MILITARY
INSTALLATIONS.
(a) Authorization of Additional Projects.--Each Secretary
of a military department shall conduct a pilot program under
which the Secretary may carry out military construction
projects for child development centers at military
installations, as specified in the funding table in section
4601 of a National Defense Authorization Act for a fiscal year
covered by the pilot program. The military construction
projects authorized under the pilot program are in addition to
other military construction projects authorized by this Act or
other National Defense Authorization Acts for fiscal years
covered by the pilot program.
(b) Reporting Requirement as Condition of Authorization.--
(1) Report required.--Not later than 90 days after
the date of the enactment of a National Defense
Authorization Act for a fiscal year covered by the
pilot program, the Secretary of the military department
concerned shall submit to the congressional defense
committees a report that describes the location, title,
and cost, together with a Department of Defense Form
1391, for each military construction project the
Secretary proposes to carry out under the pilot program
pursuant to that National Defense Authorization Act.
(2) Timing of availability of funds.--No funds may
be obligated or expended for a military construction
project under the pilot program--
(A) unless the project is included in a
report submitted under paragraph (1); and
(B) until the expiration of the 30-day
period beginning on the date on which the
Secretary concerned submits the report under
paragraph (1) in which the project is included.
(c) Expiration of Authorization.--Section 2002 of a
National Defense Authorization Act for a fiscal year covered by
the pilot program shall apply with respect to the authorization
of a military construction project carried out under the pilot
program pursuant to that National Defense Authorization Act in
the same manner as such section applies to the authorization of
military construction projects contained in titles XXI through
XXIII of that National Defense Authorization Act.
(d) Covered Fiscal Years.--The pilot program shall be
carried out for each of fiscal years 2021 through 2025, as
provided in the National Defense Authorization Act for that
fiscal year.
SEC. 2866. DEPARTMENT OF THE ARMY PILOT PROGRAM FOR DEVELOPMENT AND USE
OF ONLINE REAL ESTATE INVENTORY TOOL.
(a) Pilot Program Required.--
(1) Establishment.--The Secretary of the Army shall
establish a pilot program for the development of an
online real estate tool to identify the existing
inventory of space available at the Army installations
selected by the Secretary under paragraph (2) for the
purposes specified in subsection (b).
(2) Selection of pilot locations.--The Secretary
shall evaluate the online inventory tool at not less
than five, but not more than 10, Army installations
selected by the Secretary as appropriate locations for
evaluation of the online inventory tool.
(3) Consultation.--The Secretary shall establish
the pilot program and develop the online inventory tool
in consultation with the Administrator of General
Services and the Assistant Secretary of Defense for
Sustainment.
(b) Purposes.--The purposes of the online inventory tool
are--
(1) to achieve efficiencies in real estate property
management consistent with the National Defense
Strategy goal of finding greater efficiencies within
Department of Defense operations;
(2) to provide a means to better market to the
public information regarding space available at Army
installations for better utilization of such space; and
(3) to provide a means to better quantify existing
space available at Army installations and how it is
utilized for current missions and requirements.
(c) Considerations.--To establish the pilot program, the
Secretary of the Army shall--
(1) consider innovative approaches, including the
use of other transaction authorities consistent with
section 2371 of title 10, United States Code, and the
use of commercial off-the-shelf technologies;
(2) develop appropriate protections of sensitive or
classified information from being included with the
online inventory tool; and
(3) develop appropriate levels of access for
private sector users of the online inventory tool.
(d) Establishment of Use Policy.--In connection with the
development of the online inventory tool, the Secretary of the
Army shall develop policy requiring the use of the online
inventory tool at the Army installations selected under
subsection (a)(2) to query for existing inventory at such
installations before any military construction or off-post
leases are agreed to for such installations. The Secretary
shall ensure that all relevant notifications to congressional
defense committees include certification that the online
inventory tool was used.
(e) Online Inventory Tool Defined.--In this section, the
term ``online inventory tool'' means the online real estate
tool developed under the pilot program to identify existing
inventory of space available at Army installations selected to
participate in the pilot program.
(f) Rule of Construction.--Nothing in this section shall be
construed to effect the application of title V of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
(g) Reporting Requirement.--Not later than February 15,
2025, the Secretary of the Army shall submit to Committees on
Armed Services of the Senate and the House of Representatives a
report evaluating the success of the pilot program in achieving
the purposes specified in subsection (b). At a minimum, the
report also shall identify and contain the following:
(1) The Army installations selected under
subsection (a)(2) to participate in the pilot program.
(2) The number of real estate agreements entered
into by the Department of the Army that were
facilitated by use of the online inventory tool,
including for each agreement the installation, amount
of space, value, and purpose of the agreement.
(3) An evaluation of the extent to which use of the
online inventory tool reduced the need for military
construction or off-post leases.
(4) An evaluation of any impediments to efficient
use of the online inventory tool.
(5) The recommendations of the Secretary regarding
whether the pilot program should be extended, expanded,
or made permanent.
(h) Duration.--The authority of the Secretary of the Army
to conduct the pilot program shall expire on September 30,
2025.
Subtitle H--Miscellaneous Studies and Reports
SEC. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR
RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY
UNITS AND WEAPON SYSTEMS.
(a) One-time Report on Decision-making Process.--
(1) Report required.--Not later than March 1, 2021,
each Secretary of a military department (and the
Secretary of Defense with respect to matters concerning
the Defense Agencies and the Joint Staff) shall submit
a report to the Committees on Armed Services of the
House of Representatives and the Senate regarding the
process to be used by the Secretary concerned to make
basing decisions for each Armed Force under the
jurisdiction of the Secretary concerned in the
following circumstances:
(A) Whenever a military installation is to
be selected to serve as the first permanent
location for a new major headquarters, covered
military unit, or major weapon system.
(B) Whenever a permanent change is
considered in the basing of a major
headquarters, covered military unit, or major
weapon system by relocating the major
headquarters, covered military unit, or major
weapon system from its current military
installation to a different military
installation.
(2) Elements of report.--The report submitted by
the Secretary concerned under paragraph (1) shall
include at a minimum the following:
(A) A description of the decision-making
process to be used by that Secretary for basing
decisions covered under subparagraph (A) and
(B) of such paragraph.
(B) A timeline for the scenarios outlined
in such subparagraphs, including the decision
authority for each decision to be made during
the decision-making process.
(C) The congressional engagement plan to be
used to notify the Committees on Armed Services
of the House of Representatives and the Senate
and interested Members of Congress at key
points throughout the decision-making process.
(D) The plan for implementing the
requirements of section 483 of title 10, United
States Code, as added by subsection (b).
(3) Definitions.--The definitions contained in
section 483 of title 10, United States Code, as added
by subsection (b), apply to this subsection.
(b) Congressional Notifications Required Related to Basing
Decision-making Process.--Chapter 23 of title 10, United States
Code, is amended by inserting after section 482 the following
new section:
``Sec. 483. Notifications related to basing decision-making process
``(a) Notification Required.--At each point in the
decision-making process specified in subsection (b), the
Secretary concerned shall notify the congressional defense
committees of the decision-making process to be used or the
decision-making process used, whichever applies--
``(1) to select a military installation to serve as
the first permanent location for a new major
headquarters, covered military unit, or major weapon
system; or
``(2) to make a permanent change in the basing of a
major headquarters, covered military unit, or major
weapon system by relocating the major headquarters,
covered military unit, or major weapon system from its
current military installation to a different military
installation.
``(b) Deadlines for Submission of Notice.--The Secretary
concerned shall provide the notice required by subsection (a)
within seven days after each of the following decision points
during the decision-making process:
``(1) When the Secretary concerned issues any
formal internal guidance to begin the decision-making
process regarding the location or relocation of a major
headquarters, covered military unit, or major weapon
system.
``(2) When the Secretary concerned selects between
two and five military installations as the most likely
candidate locations for a major headquarters, covered
military unit, or major weapon system in order to
subject those installations to additional analysis.
``(3) When the Secretary concerned selects a
specific military installation as the preferred
location for the major headquarters, covered military
unit, or major weapon system.
``(c) Required Elements of Notification.--In a notice
required by subsection (a), the Secretary concerned shall
include at a minimum the following:
``(1) A description of the manner in which the
joint and all-domain training capabilities at each
candidate location, if applicable to the type of basing
decision-making process at issue, will be or was,
whichever applies, comparatively analyzed among
candidate military installations, separate from and in
addition to the mission criteria to be used or that was
used to make the basing decision.
``(2) A description of the manner in which the
airspace and training areas available at each candidate
location, if applicable to the type of basing decision-
making process at issue, will be or was, whichever
applies, comparatively analyzed among candidate
military installations, separate from and in addition
to the mission criteria to be used or that was used to
make the basing decision.
``(3) A description of the manner in which
community support for the basing decision-making
process described in subsection (a) will be or was,
whichever applies, comparatively analyzed among
candidate military installations, including
consultation with appropriate State officials and
officials of units of local government in which each
installation is located regarding matters affecting the
local community, such as transportation, utility
infrastructure, housing, education, and family support
activities. In any case in which the Secretary
concerned selects as the preferred location a military
installation with less community support compared to
other locations, as indicated by such a comparative
analysis, an explanation of the operational
considerations that formed the basis for such
selection.
``(4) An explanation of how each candidate location
will be or was, whichever applies, scored against the
factors referred to in the preceding paragraphs,
including the weight assigned to each factor.
``(5) A summary of any internal score cards that
will be or were, whichever applies, used to make the
basing decision.
``(d) Notice and Wait Requirements.--No irrevocable action
may be taken to effect or implement a basing decision reached
through the decision-making process described in subsection (a)
until the end of the 14-day period beginning on the date on
which the Secretary concerned submits, in an electronic medium
pursuant to section 480 of this title, the notice referred to
in subsection (b)(3) regarding a preferred location for the
major headquarters, covered military unit, or major weapon
system.
``(e) Annual Reporting Requirement.--
``(1) Report required.--Not later than 10 days
after the date on which the budget request for a fiscal
year is submitted to Congress under section 1105 of
title 31, the Secretary concerned shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report providing the
following:
``(A) An update on the status and
anticipated completion date of each decision-
making process that was commenced or was
underway during the previous two fiscal years
regarding the location or relocation of a major
headquarters, covered military unit, or major
weapon system.
``(B) A list and description of anticipated
basing decisions to be made regarding the
location or relocation of a major headquarters,
covered military unit, or major weapon system
over the period covered by the future-years
defense plan.
``(C) A timeline for a congressional
engagement plan to brief the Committees on
Armed Services of the House of Representatives
and the Senate during the decision-making
process and when decision notifications would
be provided to interested Members of Congress.
``(2) Elements of report.--To satisfy the
requirements of paragraph (1)(B), a report under this
subsection shall include at a minimum the following:
``(A) An estimate of the number of members
of the armed forces and civilian personnel
potentially impacted by the basing decision.
``(B) The locations to be considered, if
already known.
``(C) The expected timeline for beginning
the decision-making process and reaching a
final determination.
``(f) Definitions.--In this section:
``(1) The term `covered military unit' means a unit
of the armed forces whose initial assignment to a
military installation or relocation from a military
installation to a different military installation
requires the preparation of an environmental impact
statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) The term `major headquarters' means the
headquarters of a military unit or command that is the
appropriate command of a general officer or flag
officer.
``(3) The term `major weapon system' means a weapon
system that is treatable as a major system under
section 2302(5) of title.
``(4) The term `military installation' means a
base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including
any leased facility, which is located within any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana
Islands, or Guam. Such term does not include any
facility used primarily for civil works, rivers and
harbors projects, or flood control projects.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of the military
department concerned; and
``(B) the Secretary of Defense with respect
to matters concerning the Defense Agencies and
the Joint Staff.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 10, United States Code, is
amended by inserting after the item relating to section 482 the
following new item:
``483. Notifications related to basing decision-making process.''.
SEC. 2872. REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY
INSTALLATIONS AND OPERATIONS AND DEVELOPMENT AND
IMPLEMENTATION OF NOISE MITIGATION MEASURES.
(a) Report Requirement.--Not later than July 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report describing--
(1) the types and extent of noise restrictions
impacting military installations inside the United
States, including outlying landing fields and training
ranges;
(2) the effect of such noise restrictions on the
operational readiness and efficiency of aviation units
stationed at or using the military installations;
(3) the voluntary noise mitigation measures,
encroachment management measures, and community
relations initiatives used by the military departments
to prevent or lessen the need for noise restrictions;
and
(4) the progress being made to develop and
implement additional cost-effective technological
measures to mitigate noise emanating from operations at
military installations and to prevent or lessen the
need for noise restrictions.
(b) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Secretaries of the military
departments.
SEC. 2873. STUDY AND REPORT REGARDING CONTINUED NEED FOR PROTECTED
AIRCRAFT SHELTERS IN EUROPE AND STATUS OF UNITED
STATES AIR BASE RESILIENCY IN EUROPE.
(a) Study Required.--The Secretary of Defense, in
consultation with the United States European Command, shall
conduct a study to determine the following:
(1) The continued need for protected aircraft
shelters in Europe utilized by the United States Armed
Forces.
(2) The feasibility of providing alternative
protections against attack for United States military
aircraft based in Europe that would be as effective as,
or more effective than, protected aircraft shelters
against attack.
(3) The current resiliency status of air bases in
Europe under the operational control of the Department
of Defense or a military department and utilized by the
United States Armed Forces.
(4) The effect of the proposed demotion of
protected aircraft shelters in Europe on the resiliency
of such air bases in Europe.
(b) Report Requirement.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the results of the study required by subsection (a).
The report shall be submitted in unclassified form, but may
include a classified annex.
(c) Prohibition on Certain Activities Pending Study.--Until
the study required by subsection (a) is submitted as provided
in subsection (b), funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 and funds
authorized to be appropriated by a National Defense
Authorization Act or otherwise made available for fiscal year
2022 may not be obligated or expended to implement any activity
that would have the effect of--
(1) reducing the resiliency of any air base in
Europe under the operational control of the Department
of Defense or a military department and utilized by the
United States Armed Forces; or
(2) demolishing any protected aircraft shelter in
Europe utilized by the United States Armed Forces.
(d) Waiver and Exception.--The Secretary of Defense may
waive the prohibition in subsection (c)(2) and authorize the
demolition of a protected aircraft shelter covered by the
prohibition at any time after the end of the 14-day period
beginning on the date on which the Secretary certifies to the
congressional defense committees, in an electronic medium
pursuant to section 480 of title 10, United States Code, that
the protected aircraft shelter--
(1) is no longer needed to meet foreseeable threats
to United States military aircraft in the European
theater; or
(2) is no longer a viable defensive measure to
protect against such foreseeable threats.
Subtitle I--Other Matters
SEC. 2881. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM
SYNCHRONIZATION FOR GROUND BASED STRATEGIC
DETERRENT.
(a) Authorization for Planning and Design.--Of the amounts
authorized to be appropriated for planning and design, Air
Force, for fiscal year 2021, for the Ground Based Strategic
Deterrent, as specified in the funding table in section 4601,
the Secretary of the Air Force may use not more than
$15,000,000 for the purpose of obtaining or carrying out
necessary planning and construction design in connection with
military construction projects and other infrastructure
projects necessary to support the development and fielding of
the Ground Based Strategic Deterrent weapon system.
(b) Air Force Project Management and Supervision.--Each
contract entered into by the United States for a military
construction project or other infrastructure project in
connection with the development and fielding of the Ground
Based Strategic Deterrence weapon system shall be carried out
under the direction and supervision of the Secretary of the Air
Force. The Secretary may utilize and consult with the Air Force
Civil Engineer Center, the Army Corps of Engineers, and the
Naval Facilities Engineering Command for subject matter
expertise, contracting capacity, and other support as
determined to be necessary by the Secretary to carry out this
section.
(c) Use of Single Prime Contractor.--The Secretary of the
Air Force may award contracts for planning and construction
design and for military construction projects and other
infrastructure projects authorized by law in connection with
the development and fielding of the Ground Based Strategic
Deterrent weapon system to a single prime contractor if the
Secretary determines that awarding the contracts to a single
prime contractor--
(1) is in the best interest of the Government; and
(2) is necessary to ensure the proper
synchronization and execution of work related to the
development and fielding of the Ground Based Strategic
Deterrent weapon system and its associated military
construction projects and other infrastructure
projects.
(d) Exceptions to Current Law.--The Secretary of the Air
Force may carry out this section without regard to the
following provisions of law:
(1) Section 2304 of title 10, United States Code.
(2) Section 2851(a) of such title.
(e) Expiration of Authority.--The authorities provided by
this section shall expire upon the earlier of the following:
(1) The date that is 15 years after the date of the
enactment of this Act.
(2) The date on which the Secretary of the Air
Force submits to the congressional defense committees a
certification that the fielding of the Ground Based
Strategic Deterrent weapon system is complete.
(f) Reporting Requirements.--
(1) Initial report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the congressional defense
committees a report describing the actions taken and to
be taken by the Secretary to ensure that the
development and fielding of the Ground Based Strategic
Deterrent weapon system is synchronized with its
associated military construction projects and other
infrastructure projects.
(2) Report elements.--The report required by
paragraph (1) shall contain, at minimum, the following
elements:
(A) A description of the estimated total
cost, scope of work, location, and schedule for
the planning and design, military construction,
and other infrastructure investments necessary
to support the development and fielding of the
Ground Based Strategic Deterrent weapon system.
(B) A recommendation regarding the methods
by which a programmatic military construction
authorization, authorization of appropriations,
and appropriation, on an installation-by-
installation basis, could be used to support
the synchronized development and fielding of
the Ground Based Strategic Deterrent and its
associated military construction projects and
other infrastructure projects.
(C) Identification of the specific
provisions of law, if any, that the Secretary
determines may adversely impact or delay the
development and fielding of the Ground Based
Strategic Deterrent weapon system and its
associated construction projects and other
infrastructure projects, assuming, as described
in subparagraph (B), the use of a programmatic
military construction authorization on an
installation-by-installation basis.
(D) A plan to ensure sufficient capability
and capacity to cover civilian and military
manning for oversight and contract management
related to the development and fielding of the
Ground Based Strategic Deterrent weapon system
and its associated construction projects and
other infrastructure projects.
(3) Updates.--At the same time that the budget is
submitted under section 1105(a) of title 31, United
States Code, for fiscal years 2023 through 2026, the
Secretary of Defense shall notify the congressional
defense committees of any deviations made during the
current or preceding fiscal year or intended to be made
during the current or next fiscal year from the
synchronization actions described in the report
required by paragraph (1), in particular the report
elements specified in paragraph (2).
SEC. 2882. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
(a) Prioritization of Community Infrastructure Projects.--
Section 2391(d)(1) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``, if the Secretary determines
that such assistance will enhance the military value,
resilience, or military family quality of life at such
military installation''; and
(3) by adding at the end the following new
subparagraph:
``(B) The Secretary shall establish criteria for the
selection of community infrastructure projects to receive
assistance under this subsection, including selection of
community infrastructure projects in the following order of
priority:
``(i) Projects that will enhance military value at
a military installation, taking into consideration the
military value criteria originally developed by the
Secretary in compliance with the amendment made by
section 3002 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1344).
``(ii) Projects that will enhance military
installation resilience, as defined in section
101(e)(8) of this title.
``(iii) Projects that will enhance military family
quality of life at a military installation, taking into
consideration subsection (e)(4)(C).''.
(b) Cost-Sharing Requirements.--Paragraph (2) of section
2391(d) of title 10, United States Code, is amended to read as
follows:
``(2)(A) The criteria established for the selection of
community infrastructure projects to receive assistance under
this subsection shall include a requirement that, except as
provided in subparagraph (B), the State or local government
agree to contribute not less than 30 percent of the funding for
the community infrastructure project.
``(B) If a proposed community infrastructure project will
be carried out in a rural area or the Secretary of Defense
determines that a proposed community infrastructure project is
advantageous for reasons related to national security, the
Secretary--
``(i) shall not penalize a State or local
government for offering to make a contribution of 30
percent or less of the funding for the community
infrastructure project; and
``(ii) may reduce the requirement for a State or
local government contribution to 30 percent or less or
waive the cost-sharing requirement entirely.''.
(c) Specified Duration of Program.--Section 2391(d)(4) of
title 10, United States Code, is amended by striking ``upon the
expiration of the 10-year period which begins on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2019'' and inserting ``on September 30, 2028''.
(d) Clarification of Military Family Quality of Life
Criteria.--Section 2391(e)(4) of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
``(C) For the purposes of determining whether
proposed community infrastructure will enhance quality
of life, the Secretary of Defense shall consider the
impact of the community infrastructure on alleviating
installation commuter workforce issues and the benefit
of schools or other local infrastructure located off of
a military installation that will support members of
the armed forces and their dependents residing in the
community.''.
(e) Definition of Rural Area Revised.--Section 2391(e)(5)
of title 10, United States Code, is amended by striking
``50,000 inhabitants'' and inserting ``100,000 inhabitants''.
SEC. 2883. CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS ISSUES IN
MAKING BASING DECISIONS ASSOCIATED WITH CERTAIN
MILITARY UNITS AND MAJOR HEADQUARTERS.
(a) Taking Into Consideration Military Family Readiness
Issues.--In determining whether to proceed with any basing
decision associated with a covered military unit or major
headquarters in the United States after the date of the
enactment of this Act, the Secretary of the military department
concerned shall take into account, among such other factors as
that Secretary considers appropriate, the military family
readiness considerations specified in this section, including
those military family readiness considerations specified
pursuant to subsection (e).
(b) Interstate Portability of Licensure and Certification
Credentials.--With regard to the State in which an installation
subject to a basing decision covered by subsection (a) is or
will be located, the Secretary of the military department
concerned shall take into account the extent to which the
State--
(1) has entered into reciprocity agreements to
recognize and accept professional and occupational
licensure and certification credentials granted by or
in other States; or
(2) allows for the transfer of such licenses and
certifications granted by or in other States.
(c) Housing.--With regard to the military housing area in
which an installation subject to a basing decision covered by
subsection (a) is or will be located, the Secretary of the
military department concerned shall take into account the
extent to which housing (including military family housing)
that meets Department of Defense requirements is available and
accessible to members of the Armed Forces through the private
sector in such military housing area.
(d) Health Care.--With regard to the community in which an
installation subject to a basing decision covered by subsection
(a) is or will be located, the Secretary of the military
department concerned shall take into account the extent to
which primary healthcare and specialty healthcare is available
and accessible to dependents, including dependents with
disabilities, of members of the Armed Forces through the
private sector in such local community.
(e) Other Specified Considerations.--The Secretary of the
military department concerned shall take into account such
other considerations in connection with military family
readiness as the Secretary of Defense shall specify for
purposes of compliance with this section.
(f) Savings Clause.--Nothing in this section shall be
construed as requiring the Secretary of a military department
to make a basing decision covered by subsection (a) that the
Secretary determines would diminish military readiness or
impede military mission for the purpose of military family
readiness.
(g) Analytical Framework.--The Secretary of the military
department concerned shall take into account the considerations
specified in this section, among such other factors as the
Secretary considers appropriate, in determining whether to
proceed with a basing decision covered by subsection (a) using
an analytical framework developed by that Secretary that uses
criteria based on--
(1) quantitative data available within the
Department of Defense; and
(2) such reliable quantitative data from sources
outside the Department as the Secretary considers
appropriate.
(h) Basing Decision Scorecard.--
(1) Scorecard required.--The Secretary of the
military department concerned shall establish a
scorecard for military installations under the
jurisdiction of such Secretary, and for States and
localities in which such installations are or may be
located, to facilitate taking into account the
considerations specified in this section whenever that
Secretary makes a basing decision covered by subsection
(a).
(2) Update.--The Secretary of the military
department concerned shall update the scorecard
established by that Secretary under this subsection not
less frequently than once each year in order to keep
the information in such scorecard as current as is
practicable.
(3) Availability to public.--A current version of
each scorecard established under this subsection shall
be available to the public through an Internet website
of the military department concerned that is accessible
to the public.
(i) Briefings.--Not later than April 1 of each of 2021,
2022, and 2023, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on actions taken pursuant to this section,
including a description and assessment of the effect of the
taking into account of the considerations specified in this
section on particular basing decisions in the United States
during the one-year period ending on the date of the briefing.
(j) Definitions.--In this section:
(1) The term ``covered military unit'' means a unit
of the Armed Forces whose initial assignment to a
military installation or relocation from a military
installation to a different military installation
requires the preparation of an environmental impact
statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The term ``major headquarters'' means the
headquarters of a unit of the Armed Forces or command
that is the appropriate command of a general officer or
flag officer.
SEC. 2884. DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN MILITARY
COMMUNITIES OF DANGEROUS DOGS KEPT AS PETS.
(a) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a uniform policy for the regulation of dangerous dogs
kept as pets in military communities.
(b) Consultation.--The policy required by subsection (a)
shall be developed in consultation with professional veterinary
and animal behavior experts in regard to effective regulation
of dangerous dogs kept as pets.
(c) Regulations.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations implementing the
policy established under subsection (a).
(2) Best practices.--The regulations prescribed
under paragraph (1) shall include strategies, for
implementation within all military communities, for the
prevention of dog bites that are consistent with the
following best practices:
(A) Enforcement of regulations relating to
dangerous dogs kept as pets, with emphasis on
identification of dangerous dog behavior and
chronically irresponsible pet owners.
(B) Enforcement of animal control
regulations, such as leash laws and stray
animal control policies.
(C) Promotion and communication of
resources for pet spaying and neutering.
(D) Investment in community education
initiatives, such as teaching criteria for pet
selection, pet care best practices, owner
responsibilities, and safe and appropriate
interaction with dogs.
(d) Exclusions.--This section does not apply with respect
to military working dogs and any dog certified as a service
animal.
(e) Definitions.--In this section:
(1) The term ``dangerous dog'' means a dog that--
(A) has attacked a person or another animal
without justification, causing injury or death
to the person or animal; or
(B) exhibits behavior that reasonably
suggests the likely risk of such an attack.
(2) The term ``military communities'' means--
(A) all military installations; and
(B) all military housing, including
privatized military housing under subchapter IV
of chapter 169 of title 10, United States Code.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and
carry out the military construction project for the
installation outside the United States, and in the amount, set
forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Spain......................................... Rota........................................... $59,230,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property
and carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Ramstein....................................... $36,345,000
Spangdahlem Air Base........................... $25,824,000
Romania....................................... Campia Turzii.................................. $130,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for the military
construction projects outside the United States authorized by
this title as specified in the funding table in section 4602.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for
life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C--Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation.
Subtitle D--Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Subtitle E--Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for purposes
of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3144. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle F--Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense
activities.
Subtitle G--Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed research
and development.
Subtitle H--Other Matters
Sec. 3171. Independent study on potential environmental effects of
nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National
Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
Project 21-D-510, HE Synthesis, Formulation, and
Production, Pantex Plant, Amarillo, Texas, $31,000,000.
Project 21-D-511, Savannah River Plutonium
Processing Facility, Savannah River Site, Aiken, South
Carolina, $241,900,000.
Project 21-D-512, Plutonium Pit Production Project,
Los Alamos National Laboratory, Los Alamos, New Mexico,
$226,000,000.
Project 21-D-530, KL Steam and Condensate Upgrades,
Knolls Atomic Power Laboratory, Schenectady, New York,
$4,000,000.
General Plant Project, U1a.03 Test Bed Facility
Improvements, Nevada National Security Site, Nevada,
$16,000,000.
General Plant Project, TA-15 DARHT Hydro Vessel
Repair Facility, Los Alamos National Laboratory, New
Mexico, $16,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out, for
defense environmental cleanup activities, the following new
plant project:
Project 21-D-401, Hoisting Capability Project, Waste
Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2021 for other defense
activities in carrying out programs as specified in the funding
table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2021 for nuclear energy as
specified in the funding table in section 4701.
Subtitle B--Nuclear Weapons Stockpile Matters
SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
(a) Requirements.--
(1) In general.--Subtitle A of title XLII of the
Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended by adding at the end the following new section:
``SEC. 4223. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
``(a) Reporting Requirements.--
``(1) Phase 1.--Upon receiving a concept definition
study under phase 1 of the joint nuclear weapons life
cycle for the W93 nuclear weapon, the Nuclear Weapons
Council shall submit to the congressional defense
committees a report that includes the following:
``(A) A description of the potential
military characteristics of the weapon.
``(B) A description of the stockpile-to-
target sequence requirements of the weapon.
``(C) An initial assessment of the
requirements a W93 nuclear weapon program is
likely to generate for the nuclear security
enterprise, including--
``(i) adjustments to the size and
composition of the workforce;
``(ii) additions to existing weapon
design and production capabilities; or
``(iii) additional facility
recapitalization or new construction.
``(D) A preliminary description of other
significant requirements for a W93 nuclear
weapon program, including--
``(i) first production unit date;
``(ii) initial operational
capability date;
``(iii) full operational capability
date; and
``(iv) any unique safety and surety
requirements that could increase design
complexity or cost estimate
uncertainty.
``(2) Phase 2.--
``(A) In general.--Not later than 15 days
after the date on which the Nuclear Weapons
Council approves phase 2 of the joint nuclear
weapons life cycle for the W93 nuclear weapon,
the Administrator shall submit to the
congressional defense committees a plan to
implement a process of independent peer review
or review by a board of experts, or both, with
respect to--
``(i) the nonnuclear components of
the weapon;
``(ii) subsystem design; and
``(iii) engineering aspects of the
weapon.
``(B) Requirements for process.--The
Administrator shall ensure that the process
required by subparagraph (A)--
``(i) uses--
``(I) all relevant
capabilities of the Federal
Government, the defense
industrial base, and
institutions of higher
education; and
``(II) other capabilities
that the Administrator
determines necessary; and
``(ii) informs the entire
development life cycle of the W93
nuclear weapon.
``(b) Certifications and Reports at Phase 3.--Not later
than 15 days after the date on which the Nuclear Weapons
Council approves phase 3 of the joint nuclear weapons life
cycle for the W93 nuclear weapon--
``(1) the Administrator shall certify to the
congressional defense committees that--
``(A) phases 1 through 5 of the joint
nuclear weapons life cycle for the weapon will
employ, at a minimum, the same best practices
and will provide Congress with the same level
of programmatic insight as exists under the
phase 6.X process for life extension programs;
and
``(B) the proposed design for the weapon
can be carried out within estimated schedule
and cost objectives; and
``(2) the Commander of the United States Strategic
Command shall submit to the congressional defense
committees a report containing the requirements for
weapon quantity and composition by type for the sub-
surface ballistic nuclear (SSBN) force, including such
requirements planned for the 15-year period following
the date of the report, including any planned life
extensions, retirements, or alterations.
``(c) Waivers.--Subsections (a) and (b) may be waived
during a period of war declared by Congress after the date of
the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021.
``(d) Joint Nuclear Weapons Life Cycle Defined.--In this
section, the term `joint nuclear weapons life cycle' has the
meaning given that term in section 4220.''.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by inserting
after the item relating to section 4222 the following
new item:
``Sec. 4223. W93 nuclear warhead acquisition process.''.
(b) Selected Acquisition Reports and Independent Cost
Estimates.--Section 4217(b) of such Act (50 U.S.C. 2537(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking
``phase 6.2A'' and inserting ``phase
6.2A or new weapon system at the
completion of phase 2A'';
(ii) in clause (ii), by striking
``phase 6.3'' and inserting ``phase 6.3
or new weapon system at the completion
of phase 3'';
(iii) by redesignating clauses (iv)
and (v) as clauses (v) and (vi),
respectively; and
(iv) by inserting after clause
(iii) the following new clause (iv):
``(iv) Each new weapon system at the
completion of phase 4, relating to production
engineering, and before the initiation of phase
5, relating to first production.''; and
(B) in subparagraph (B), by striking
``phase 6.2'' and inserting ``phase 6.2 or new
weapon system at the completion of phase 2'';
and
(2) in paragraph (4)(B), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph (A)(v)''.
SEC. 3112. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR
LIFE EXTENSION PROGRAMS.
(a) In General.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.), as amended by
section 3111(a)(1), is further amended by adding at the end the
following new section:
``SEC. 4224. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS
FOR LIFE EXTENSION PROGRAMS.
``(a) Review of Contractor Earned Value Management
Systems.--The Administrator shall enter into an arrangement
with an independent entity under which that entity shall--
``(1) review and validate whether the earned value
management systems of contractors of the Administration
for life extension programs meet the earned value
management national standard; and
``(2) conduct periodic surveillance reviews of such
systems to ensure that such systems maintain compliance
with that standard through program completion.
``(b) Benchmarks for Technology Readiness Levels.--The
Administrator shall--
``(1) establish specific benchmarks for technology
readiness levels of critical technologies for life
extension programs at key decision points; and
``(2) ensure that critical technologies meet such
benchmarks at such decision points.
``(c) Applicability.--This section shall apply to programs
that, as of the date of the enactment of this section, have not
entered phase 3 of the nuclear weapons acquisition process or
phase 6.3 of a nuclear weapons life extension program.
``(d) Definition.--In this section, the term `earned value
management national standard' means the most recent version of
the EIA-748 Earned Value Management System Standard published
by the National Defense Industrial Association.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4223, as added by section 3111(a)(2),
the following new item:
``Sec. 4224. Earned value management and technology readiness levels for
life extension programs.''.
SEC. 3113. MONITORING OF INDUSTRIAL BASE FOR NUCLEAR WEAPONS
COMPONENTS, SUBSYSTEMS, AND MATERIALS.
(a) Designation of Official.--Not later than March 1, 2021,
the Administrator for Nuclear Security shall designate a senior
official within the National Nuclear Security Administration to
be responsible for monitoring the industrial base that supports
the nuclear weapons components, subsystems, and materials of
the Administration, including--
(1) the consistent monitoring of the current status
of the industrial base;
(2) tracking of industrial base issues over time;
and
(3) proactively identifying gaps or risks in
specific areas relating to the industrial base.
(b) Provision of Resources.--The Administrator shall ensure
that the official designated under subsection (a) is provided
with resources sufficient to conduct the monitoring required by
that subsection.
(c) Consultations.--The Administrator, acting through the
official designated under subsection (a), shall, to the extent
practicable and beneficial, in conducting the monitoring
required by that subsection, consult with--
(1) officials of the Department of Defense who are
members of the Nuclear Weapons Council established
under section 179 of title 10, United States Code;
(2) officials of the Department of Defense
responsible for the defense industrial base; and
(3) other components of the Department of Energy
that rely on similar components, subsystems, or
materials.
(d) Briefings.--
(1) Initial briefing.--Not later than April 1,
2021, the Administrator shall provide to the Committees
on Armed Services of the Senate and the House of
Representatives a briefing on the designation of the
official required by subsection (a), including on--
(A) the responsibilities assigned to that
official; and
(B) the plan for providing that official
with resources sufficient to conduct the
monitoring required by subsection (a).
(2) Subsequent briefings.--Not later than April 1,
2022, and annually thereafter through 2024, the
Administrator shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a briefing on activities carried out under this section
that includes an assessment of the progress made by the
official designated under subsection (a) in conducting
the monitoring required by that subsection.
SEC. 3114. PLUTONIUM PIT PRODUCTION.
(a) Independent Cost Estimate.--
(1) Requirement.--The Secretary of Energy shall
obtain an independent cost estimate for each covered
project in accordance with Department of Energy Order
413.3B (relating to program management and project
management for the acquisition of capital assets), as
in effect on the day before the date of the enactment
of this Act.
(2) Confidence level.--An independent cost estimate
under paragraph (1) with respect to a covered project
shall assign a confidence level, expressed as a
percentage, with respect to whether the Secretary will
be able to carry out the covered project within the
estimated schedule and cost objectives of the
Department of Energy consistent with the document of
the Government Accountability Office entitled ``Cost
Estimating and Assessment Guide'' (GAO-09-3SP) and
dated March 2009.
(3) Submission.--Not later than 30 days after
obtaining an independent cost estimate under paragraph
(1) with respect to a covered project, the Secretary
shall submit to the congressional defense committees
the estimate, including the confidence level assigned
under paragraph (2).
(b) Conditional Reports and Certifications.--
(1) Low confidence.--If an independent cost
estimate for a covered project under subsection (a)
assigns a high-end cost for the project that is 15
percent or more higher than the high-end project cost
position approved by the Department of Energy for the
project at critical decision 1 in the acquisition
process--
(A) not later than 90 days after approval
of critical decision 1, the Secretary shall
submit to the congressional defense committees
the report described in paragraph (2) with
respect to the covered project; and
(B) not later than 90 days after the date
on which the Secretary submits the independent
cost estimate to the congressional defense
committees under subsection (a)(3), the
Commander of the United States Strategic
Command shall certify to those committees
that--
(i) the requirement to produce war
reserve plutonium pits under section
4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a) cannot be altered or
extended by not more than five years
without--
(I) degrading the
capabilities of the Command to
accomplish its assigned nuclear
deterrence missions; or
(II) reducing the
confidence of the Commander in
the military effectiveness of
the nuclear weapons stockpile,
taking into account all
mitigation strategies available
to the Commander; or
(ii) that requirement can be
altered or extended as described in
clause (i) without degrading the
capabilities described in subclause (I)
of that clause or reducing the
confidence described in subclause (II)
of that clause.
(2) Report described.--
(A) In general.--The report described in
this paragraph with respect to a covered
project is a report by the Secretary that
includes--
(i)(I) a certification by the
Secretary that, notwithstanding the
costs and confidence level set forth in
the independent cost estimate under
subsection (a), the Secretary will able
to carry out the covered project within
the estimated schedule and cost
objectives of the Department of Energy;
and
(II) a detailed explanation of why
the Secretary disagrees with the
independent cost estimate; or
(ii) if the Secretary cannot make
the certification under clause (i)(I),
a plan by the Secretary--
(I) to achieve costs and a
confidence level consistent
with the costs and confidence
level set forth in the
independent cost estimate,
including with respect to
changing the costs, schedule,
and scope of the covered
project; and
(II) that includes a
description, provided by the
Administrator for Nuclear
Security, of mitigation options
for minimizing any degradation
in the military effectiveness
of the nuclear weapons
stockpile until the Secretary
achieves costs and a confidence
level consistent with the costs
and confidence level set forth
in the independent cost
estimate.
(B) Prohibition on delegation.--The
Secretary may not delegate the responsibility
for making a certification under subparagraph
(A)(i)(I).
(c) Covered Project Defined.--In this section, the term
``covered project'' means--
(1) the Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina
(Project 21-D-511); or
(2) the Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico
(Project 21-D-512).
Subtitle C--Defense Environmental Cleanup Matters
SEC. 3121. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR FACILITIES
UNDERGOING DEFENSE ENVIRONMENTAL CLEANUP.
(a) In General.--Subtitle A of title XLIV of the Atomic
Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by
adding at the end the following new section:
``SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES.
``Each year, at the same time that the Department of Energy
submits its annual financial report under section 3516 of title
31, United States Code, the Secretary of Energy shall make
available to the public a statement of environmental
liabilities, as calculated for the most recent audited
financial statement of the Department under section 3515 of
that title, for each defense nuclear facility at which defense
environmental cleanup activities are occurring.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4409 the following new item:
``Sec. 4410. Public statement of environmental liabilities.''.
SEC. 3122. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS DEFENSE
ENVIRONMENTAL CLEANUP PLAN.
Section 4402A(b)(3) of the Atomic Energy Defense Act (50
U.S.C. 2582A(b)(3)) is amended by adding at the end the
following new subparagraph:
``(D) For any milestone that has been
missed, renegotiated, or postponed, a statement
of the current milestone, the original
milestone, and any interim milestones.''.
SEC. 3123. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP AS CAPITAL
ASSET PROJECTS OR OPERATIONS ACTIVITIES.
(a) In General.--The Assistant Secretary of Energy for
Environmental Management, in consultation with other
appropriate officials of the Department of Energy, shall
establish requirements for the classification of defense
environmental cleanup projects as capital asset projects or
operations activities.
(b) Report Required.--Not later than March 1, 2021, the
Assistant Secretary shall submit to the congressional defense
committees a report--
(1) setting forth the requirements established
under subsection (a); and
(2) assessing whether any ongoing defense
environmental cleanup projects should be reclassified
based on those requirements.
SEC. 3124. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF
HIGH-LEVEL WASTE.
Section 3121 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1953) is amended
by striking ``fiscal year 2020'' and inserting ``fiscal year
2020 or fiscal year 2021''.
SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT
OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR
RESERVATION.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Energy shall--
(1) enter into an arrangement with a federally
funded research and development center to conduct a
follow-on analysis to the analysis required by section
3134 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2769)
with respect to approaches for treating the portion of
low-activity waste at the Hanford Nuclear Reservation,
Richland, Washington, intended for supplemental
treatment; and
(2) enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine to
review the follow-on analysis conducted under paragraph
(1).
(b) Comparison of Alternatives to Aid Decisionmaking.--The
analysis required by subsection (a)(1) shall be designed, to
the greatest extent possible, to provide decisionmakers with
the ability to make a direct comparison between approaches for
the supplemental treatment of low-activity waste at the Hanford
Nuclear Reservation based on criteria that are relevant to
decisionmaking and most clearly differentiate between
approaches.
(c) Elements.--The analysis required by subsection (a)(1)
shall clearly lay out a framework of decisions to be made among
the treatment technologies, waste forms, and disposal locations
by including an assessment of the following:
(1) The most effective potential technology for
supplemental treatment of low-activity waste that will
produce an effective waste form, including an
assessment of the following:
(A) The maturity and complexity of the
technology.
(B) The extent of previous use of the
technology.
(C) The life cycle costs and duration of
use of the technology.
(D) The effectiveness of the technology
with respect to immobilization.
(E) The performance of the technology
expected under permanent disposal.
(F) The topical areas of additional study
required for the grout option identified in the
analysis required by section 3134 of the
National Defense Authorization Act for Fiscal
Year 2017.
(2) The differences among approaches for the
supplemental treatment of low-activity waste considered
as of the date of the analysis required by subsection
(a)(1).
(3) The compliance of such approaches with the
technical standards described in section 3134(b)(2)(D)
of the National Defense Authorization Act for Fiscal
Year 2017.
(4) The differences among potential disposal sites
for the waste form produced through such treatment,
including mitigation of radionuclides, including
technetium-99, selenium-79, and iodine-129, on a system
level.
(5) Potential modifications to the design of
facilities to enhance performance with respect to
disposal of the waste form to account for the
following:
(A) Regulatory compliance.
(B) Public acceptance.
(C) Cost.
(D) Safety.
(E) The expected radiation dose to
maximally exposed individuals over time.
(F) Differences among disposal
environments.
(6) Approximately how much and what type of
pretreatment is needed to meet regulatory requirements
regarding long-lived radionuclides and hazardous
chemicals to reduce disposal costs for radionuclides
described in paragraph (4).
(7) Whether the radionuclides can be left in the
waste form or economically removed and bounded at a
system level by the performance assessment of a
potential disposal site and, if the radionuclides
cannot be left in the waste form, how to account for
the secondary waste stream.
(8) Other relevant factors relating to the
technology described in paragraph (1), including the
following:
(A) The costs and risks in delays with
respect to tank performance over time.
(B) Consideration of experience with
treatment methods at other sites and commercial
facilities.
(C) Outcomes of the test bed initiative of
the Office of Environmental Management at the
Hanford Nuclear Reservation.
(d) Review, Consultation, Submission, and Limitations.--The
provisions of subsections (c) through (f) of section 3134 of
the National Defense Authorization Act for Fiscal Year 2017
shall apply with respect to the analysis required by subsection
(a)(1) to the same extent and in the same manner that such
provisions applied with respect to the analysis required by
subsection (a) of such section 3134, except that subsection (e)
of such section shall be applied and administered by
substituting ``the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021'' for ``the date of the enactment of this Act'' each
place it appears.
Subtitle D--Safeguards and Security Matters
SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
(a) In General.--Subtitle A of title XLV of the Atomic
Energy Defense Act (50 U.S.C. 2651 et seq.) is amended by
adding at the end the following new section:
``SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
``(a) Procedures for Reporting Penetrations.--The
Administrator shall establish procedures that require each
contractor and subcontractor to report to the Chief Information
Officer when a covered network of the contractor or
subcontractor that meets the criteria established pursuant to
subsection (b) is successfully penetrated.
``(b) Establishment of Criteria for Covered Networks.--
``(1) In general.--The Administrator shall, in
consultation with the officials specified in paragraph
(2), establish criteria for covered networks to be
subject to the procedures for reporting penetrations
under subsection (a).
``(2) Officials specified.--The officials specified
in this paragraph are the following officials of the
Administration:
``(A) The Deputy Administrator for Defense
Programs.
``(B) The Associate Administrator for
Acquisition and Project Management.
``(C) The Chief Information Officer.
``(D) Any other official of the
Administration the Administrator considers
necessary.
``(c) Procedure Requirements.--
``(1) Rapid reporting.--
``(A) In general.--The procedures
established pursuant to subsection (a) shall
require each contractor or subcontractor to
submit to the Chief Information Officer a
report on each successful penetration of a
covered network of the contractor or
subcontractor that meets the criteria
established pursuant to subsection (b) not
later than 60 days after the discovery of the
successful penetration.
``(B) Elements.--Subject to subparagraph
(C), each report required by subparagraph (A)
with respect to a successful penetration of a
covered network of a contractor or
subcontractor shall include the following:
``(i) A description of the
technique or method used in such
penetration.
``(ii) A sample of the malicious
software, if discovered and isolated by
the contractor or subcontractor,
involved in such penetration.
``(iii) A summary of information
created by or for the Administration in
connection with any program of the
Administration that has been
potentially compromised as a result of
such penetration.
``(C) Avoidance of delays in reporting.--If
a contractor or subcontractor is not able to
obtain all of the information required by
subparagraph (B) to be included in a report
required by subparagraph (A) by the date that
is 60 days after the discovery of a successful
penetration of a covered network of the
contractor or subcontractor, the contractor or
subcontractor shall--
``(i) include in the report all
information available as of that date;
and
``(ii) provide to the Chief
Information Officer the additional
information required by subparagraph
(B) as the information becomes
available.
``(2) Access to equipment and information by
administration personnel.--Concurrent with the
establishment of the procedures pursuant to subsection
(a), the Administrator shall establish procedures to be
used if information owned by the Administration was in
use during or at risk as a result of the successful
penetration of a covered network--
``(A) in order to--
``(i) in the case of a penetration
of a covered network of a management
and operating contractor, enhance the
access of personnel of the
Administration to Government-owned
equipment and information; and
``(ii) in the case of a penetration
of a covered network of a contractor or
subcontractor that is not a management
and operating contractor, facilitate
the access of personnel of the
Administration to the equipment and
information of the contractor or
subcontractor; and
``(B) which shall--
``(i) include mechanisms for
personnel of the Administration to,
upon request, obtain access to
equipment or information of a
contractor or subcontractor necessary
to conduct forensic analysis in
addition to any analysis conducted by
the contractor or subcontractor;
``(ii) provide that a contractor or
subcontractor is only required to
provide access to equipment or
information as described in clause (i)
to determine whether information
created by or for the Administration in
connection with any program of the
Administration was successfully
exfiltrated from a network of the
contractor or subcontractor and, if so,
what information was exfiltrated; and
``(iii) provide for the reasonable
protection of trade secrets, commercial
or financial information, and
information that can be used to
identify a specific person.
``(3) Dissemination of information.--The procedures
established pursuant to subsection (a) shall allow for
limiting the dissemination of information obtained or
derived through such procedures so that such
information may be disseminated only to entities--
``(A) with missions that may be affected by
such information;
``(B) that may be called upon to assist in
the diagnosis, detection, or mitigation of
cyber incidents;
``(C) that conduct counterintelligence or
law enforcement investigations; or
``(D) for national security purposes,
including cyber situational awareness and
defense purposes.
``(d) Definitions.--In this section:
``(1) Chief information officer.--The term `Chief
Information Officer' means the Associate Administrator
for Information Management and Chief Information
Officer of the Administration.
``(2) Contractor.--The term `contractor' means a
private entity that has entered into a contract or
contractual action of any kind with the Administration
to furnish supplies, equipment, materials, or services
of any kind.
``(3) Covered network.--The term `covered network'
includes any network or information system that
accesses, receives, or stores--
``(A) classified information; or
``(B) sensitive unclassified information
germane to any program of the Administration,
as determined by the Administrator.
``(4) Subcontractor.--The term `subcontractor'
means a private entity that has entered into a contract
or contractual action with a contractor or another
subcontractor to furnish supplies, equipment,
materials, or services of any kind in connection with
another contract in support of any program of the
Administration.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4510 the following new item:
``Sec. 4511. Reporting on penetrations of networks of contractors and
subcontractors.''.
Subtitle E--Personnel Matters
SEC. 3141. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30,
2020'' and inserting ``September 30, 2021''.
SEC. 3142. INCLUSION OF CERTAIN EMPLOYEES AND CONTRACTORS OF DEPARTMENT
OF ENERGY IN DEFINITION OF PUBLIC SAFETY OFFICER
FOR PURPOSES OF CERTAIN DEATH BENEFITS.
Section 1204(9) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284(9)) is amended--
(1) in subparagraph (D), by striking ``or'' at the
end;
(2) in subparagraph (E)(ii), by striking the period
at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(F) an employee or contractor of the
Department of Energy who--
``(i) is--
``(I) a nuclear materials
courier (as defined in section
8331(27) of title 5, United
States Code); or
``(II) designated by the
Secretary of Energy as a member
of an emergency response team;
and
``(ii) is performing official
duties of the Department, pursuant to a
deployment order issued by the
Secretary, to protect the public,
property, or the interests of the
United States by--
``(I) assessing, locating,
identifying, securing,
rendering safe, or disposing of
weapons of mass destruction (as
defined in section 1403 of the
Defense Against Weapons of Mass
Destruction Act of 1996 (50
U.S.C. 2302)); or
``(II) managing the
immediate consequences of a
radiological release or
exposure.''.
SEC. 3143. REIMBURSEMENT FOR LIABILITY INSURANCE FOR NUCLEAR MATERIALS
COURIERS.
Section 636(c)(2) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (as enacted into
law by section 101(f) of division A of Public Law 104-208; 5
U.S.C. prec. 5941 note) is amended by striking ``or under'' and
all that follows and inserting the following: ``any special
agent under section 203 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4823), or any nuclear
materials courier (as defined in section 8331(27) of such title
5);''.
SEC. 3144. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF
DECEASED NUCLEAR MATERIALS COURIERS.
Section 5724d(c)(1) of title 5, United States Code, is
amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon; and
(2) by adding at the end the following:
``(D) any nuclear materials courier, as
defined in section 8331(27); and''.
SEC. 3145. PERMANENT EXTENSION OF OFFICE OF OMBUDSMAN FOR ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.
Section 3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended by striking subsection (h).
SEC. 3146. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Annual Reports.--Not later than December 31, 2020, and
each year thereafter through 2022, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a report on the diversity of contractor employees of
the National Nuclear Security Administration.
(b) Matters Included.--Subject to subsection (c), each
report under subsection (a) shall include, for each covered
element of the Administration, the following:
(1) With respect to the fiscal year covered by the
report and the previous fiscal year, demographic data
of--
(A) the contractor employees of the covered
element;
(B) the contractor employees hired at the
covered element during each such year; and
(C) the contractor employees of the covered
element who voluntarily separated during each
such year.
(2) To the extent practical, a breakdown of the
data under paragraph (1) by each position in the
Standard Occupational Classification System of the
Bureau of Labor Statistics.
(3) A description of the plan to increase diversity
at the covered element, and how such plan responds to
any trends identified with respect to the data under
paragraph (1).
(4) An identification of the office of the covered
element responsible for implementing such plan and a
description of how that office determines whether the
covered element is meeting the goals of the plan.
(5) A description of the training resources
relating to diversity, equality, and inclusion mandated
for contractor employees of the covered element with
hiring authority, and an identification of how many
such contractor employees have been trained.
(c) Data.--The Administrator shall carry out this section
using data that is--
(1) otherwise available to the Administrator and to
the management and operating contractors of the nuclear
security enterprise;
(2) collected in accordance with applicable laws
and regulations of the Equal Employment Opportunity
Commission, regulations of the Office of Federal
Contract Compliance Programs of the Department of
Labor, and applicable provisions of Federal law on
privacy; and
(3) obtained from relevant elements of the Federal
Government pursuant to a memorandum of understanding
specifying the terms and conditions for the sharing of
such data, including by identifying--
(A) the statutory authority governing such
sharing;
(B) the minimum amount of data needed to be
shared;
(C) the exact data to be shared;
(D) the method of securely sharing such
data; and
(E) the limitations on the use and
disclosure of such data.
(d) Publication.--The Administrator shall make publicly
available on the internet website of the Department of Energy
each report under subsection (a), subject to the regulations
and Federal law specified in subsection (c)(2).
(e) GAO Review.--Not later than one year after the date on
which the Administrator submits the first report under
subsection (a), the Comptroller General of the United States
shall submit to the congressional defense committees a review
of--
(1) the diversity of contractor employees with
respect to both the hiring and retention of such
employees;
(2) the demographic composition of such employees;
and
(3) the issues relating to diversity that such
report identifies and the steps taken to address such
issues.
(f) Sense of Congress.--It is the sense of Congress that--
(1) the National Nuclear Security Administration is
undertaking the largest and most complex workload since
the end of the Cold War;
(2) ensuring that the nuclear security enterprise
hires, trains, and retains a diverse and highly
educated workforce is a national security priority of
the United States;
(3) more than 5,000 employees were hired at the
laboratories, plants, and sites of the National Nuclear
Security Administration during fiscal year 2019; and
(4) the National Nuclear Security Administration
has taken important actions to hire and retain the best
and brightest workforce and is encouraged to continue
to build upon those efforts, particularly as its aging
workforce continues to retire.
(g) Definitions.--In this section:
(1) Contractor employee.--The term ``contractor
employee'' means an employee of a management and
operating contractor of the nuclear security
enterprise.
(2) Covered element.--The term ``covered element''
means each national security laboratory and nuclear
weapons production facility (as such terms are defined
in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
(3) Nuclear security enterprise.--The term
``nuclear security enterprise'' has the meaning that
term in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
SEC. 3147. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS
RELATING TO URANIUM MINING AND NUCLEAR TESTING.
(a) Findings.--Congress makes the following findings:
(1) The Radiation Exposure Compensation Act (Public
Law 101-426; 42 U.S.C. 2210 note) was enacted in 1990
to provide monetary compensation to individuals who
contracted certain cancers and other serious diseases
following their exposure to radiation released during
atmospheric nuclear weapons testing during the Cold War
or following exposure to radiation as a result of
employment in the uranium industry during the Cold War.
(2) The Radiation Exposure Compensation Act expires
on July 9, 2022. Unless that Act is extended,
individuals who contract certain cancers and other
serious diseases because of events described in
paragraph (1) may be unable to claim compensation for
such diseases.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should continue to appropriately
compensate and recognize the individuals described in
subsection (a).
Subtitle F--Budget and Financial Management Matters
SEC. 3151. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
(a) In General.--Section 4732 of the Atomic Energy Defense
Act (50 U.S.C. 2772) is amended to read as follows:
``SEC. 4732. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
``(a) Reports Required.--
``(1) In general.--Concurrent with the submission
of the budget justification materials submitted to
Congress in support of the budget of the President for
a fiscal year (submitted to Congress pursuant to
section 1105(a) of title 31, United States Code), the
Secretary of Energy shall submit to the congressional
defense committees a report on the financial balances
for each atomic energy defense program.
``(2) Presentation of information.--In each report
required by paragraph (1), the Secretary shall--
``(A) present information on the financial
balances for each atomic energy defense program
at the budget control levels used in the report
accompanying the most current Act appropriating
funds for energy and water development; and
``(B) present financial balances in
connection with funding under recurring DOE
national security authorizations (as defined in
section 4701) separately from balances in
connection with funding under any other
provision of law.
``(b) Elements.--
``(1) Format.--Each report required by subsection
(a) shall--
``(A) be divided into two parts, as
specified in paragraphs (2) and (3); and
``(B) set forth the information required by
those paragraphs in summary form and by fiscal
year.
``(2) Part 1.--The first part of the report
required by subsection (a) shall set forth, for each
atomic energy defense program, the following
information, as of the end of the most recently
completed fiscal year:
``(A) The balance of any unobligated funds
and an explanation for why those funds are
unobligated.
``(B) The total funds available to cost.
``(C) The total balance of costed funds.
``(D) The total balance of uncosted funds.
``(E) The threshold for the balance of
uncosted funds, stated in dollars.
``(F) The amount of any balance of uncosted
funds that is over or under that threshold and,
in the case of a balance over that threshold,
an explanation for why the balance is over that
threshold.
``(G) The total balance of committed,
uncosted funds.
``(H) The total balance of uncommitted,
uncosted funds.
``(I) The amount of any balance of
uncommitted, uncosted funds that is over or
under the threshold described in subparagraph
(E) and, in the case of a balance over that
threshold, an explanation for why the balance
is over that threshold.
``(3) Part 2.--The second part of the report
required by subsection (a) shall set forth, for each
atomic energy defense program, the following
information:
``(A) The balance of any unobligated funds,
as of the end of the first quarter of the
current fiscal year.
``(B) The total balance of uncosted funds,
as of the end of the first quarter of the
current fiscal year.
``(C) Unalloted budget authority.
``(c) Definitions.--In this section:
``(1) Committed.--The term `committed', with
respect to funds, means the funds are associated with a
legally enforceable agreement, such as a purchase order
or contract, that has been entered into.
``(2) Costed.--The term `costed', with respect to
funds, means the funds have been obligated to a
contract and goods or services have been received by
the contractor in exchange for the funds.
``(3) Uncommitted.--The term `uncommitted', with
respect to funds, means the funds are not committed.
``(4) Uncosted.--The term `uncosted', with respect
to funds, means the funds have been obligated to a
contract and goods or services have not been received
by the contractor in exchange for the funds.
``(5) Threshold.--The term `threshold' means a
benchmark over which a balance carried over at the end
of a fiscal year should be given greater scrutiny by
Congress.
``(6) Total funds available to cost.--The term
`total funds available to cost' means the sum of--
``(A) total uncosted obligations from prior
fiscal years;
``(B) current fiscal year obligations; and
``(C) current fiscal year deobligations.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4732 and inserting the following new item:
``Sec. 4732. Reports on financial balances for atomic energy defense
activities.''.
Subtitle G--Administrative Matters
SEC. 3161. MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY TO MANAGE
SUPPLY CHAIN RISK.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C.
2786) is amended--
(1) in subsections (a) and (c), by inserting ``or
special exclusion action'' after ``covered procurement
action'' each place it appears;
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following
new subsection (e):
``(e) Delegation of Authority.--The Secretary may delegate
the authority under this section to--
``(1) in the case of the Administration, the
Administrator; and
``(2) in the case of any other component of the
Department of Energy, the Senior Procurement Executive
of the Department.''; and
(4) in subsection (f), as redesignated by paragraph
(2)--
(A) by redesignating paragraph (6) as
paragraph (7); and
(B) by inserting after paragraph (5) the
following new paragraph (6):
``(6) Special exclusion action.--The term `special
exclusion action' means an action to prohibit, for a
period not to exceed two years, the award of any
contracts or subcontracts by the Administration or any
other component of the Department of Energy related to
any covered system to a source the Secretary determines
to represent a supply chain risk.''.
SEC. 3162. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD
COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED
RESEARCH AND DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is
amended--
(1) in subsection (c)(2), by striking ``four'' and
inserting ``nine''; and
(2) in subsection (d), by striking ``February 15,
2020'' and inserting ``February 15, 2025''.
Subtitle H--Other Matters
SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF
NUCLEAR WAR.
(a) Study.--The Administrator for Nuclear Security, in
consultation with the Secretary of Defense and the Director of
National Intelligence, shall seek to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies conduct a study on
the environmental effects of nuclear war.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An evaluation of the non-fallout atmospheric
effects of plausible scenarios for nuclear war, ranging
from low-quantity regional exchanges to large-scale
exchanges between major powers.
(2) An examination of the effects evaluated under
paragraph (1) by--
(A) the yield, type, and number of nuclear
weapons;
(B) the types and locations of targets;
(C) the time distribution of the
explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a
significant impact on the effects.
(3) An assessment of current models of nuclear
explosions, including with respect to--
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases
from such explosions;
(C) the radioactive material from such
explosions; and
(D) the soot and other debris from such
fires and explosions and the atmospheric,
terrestrial, and marine consequences of such
effects, including with respect to changes in
weather patterns, airborne particulate
concentrations, stratospheric ozone,
agriculture, and long-term regional ecosystem
viability.
(4) Identification of the capabilities and
limitations of the models described in paragraph (3)
for assessing the environmental effects of nuclear war,
including--
(A) an evaluation of the relevant
uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can
be improved to better inform decision making.
(c) Report.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the National
Academies shall submit to the Administrator, the
Secretary, the Director, and the congressional defense
committees a report on the study under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form but may include a
classified annex.
(d) Provision of Information.--
(1) Secretary of defense.--The Secretary shall
provide to the National Academies such information of
the Department of Defense as is necessary for the
National Academies to conduct the study under
subsection (a), including information relating to
relevant scenarios described in subsection (b).
(2) Director of national intelligence.--The
Director shall provide to the National Academies such
information on foreign adversary capabilities as is
necessary for the National Academies to conduct the
study under subsection (a), including information
relating to relevant scenarios described in subsection
(b).
SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--The Administrator for Nuclear Security, in
consultation with the Secretary of Energy, shall enter into an
agreement with the National Academy of Sciences to review the
future of computing beyond exascale computing to meet national
security needs at the National Nuclear Security Administration.
(b) Elements.--The review required by subsection (a) shall
address the following:
(1) Future computing needs of the National Nuclear
Security Administration that exascale computing will
not accomplish during the 20 years after the date of
the enactment of this Act.
(2) Computing architectures that potentially can
meet those needs, including--
(A) classical computing architectures
employed as of such date of enactment;
(B) quantum computing architectures and
other novel computing architectures;
(C) hybrid combinations of classical and
quantum computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing
architectures described in paragraph (2).
(4) The maturity of the computing architectures
described in paragraph (2) and the software described
in paragraph (3), with key obstacles that must be
overcome for the employment of such architectures and
software.
(5) The secure industrial base that exists as of
the date of the enactment of this Act to meet the
unique needs of computing at the National Nuclear
Security Administration, including needs with respect
to--
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) Information and Clearances.--The Administrator shall
ensure that personnel of the National Academy of Sciences
overseeing the implementation of the agreement required by
subsection (a) or conducting the review required by that
subsection receive, in a timely manner, access to information
and necessary security clearances to enable the conduct of the
review.
(d) Report Required.--
(1) In general.--Not later than 2 years after the
date of the enactment of this Act, the National Academy
of Sciences shall submit to the congressional defense
committees a report on the findings of the review
required by subsection (a).
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(e) Exascale Computing Defined.--In this section, the term
``exascale computing'' means computing through the use of a
computing machine that performs near or above 10 to the 18th
power floating point operations per second.
SEC. 3173. SENSE OF CONGRESS ON THE AGREEMENT SUSPENDING THE
ANTIDUMPING INVESTIGATION ON URANIUM FROM THE
RUSSIAN FEDERATION.
It is the sense of Congress that the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian
Federation, dated October 16, 1992, as most recently amended by
an agreement signed by the United States Department of Commerce
and the State Atomic Energy Corporation Rosatom of the Russian
Federation on October 6, 2020 (85 Fed. Reg. 64112), will
provide certainty to the United States nuclear fuel supply
chain while avoiding unfair trade practices in the importation
of uranium products from the Russian Federation consistent with
national security and nonproliferation goals of the United
States.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2021, $28,836,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE NUCLEAR
FACILITIES SAFETY BOARD.
Section 313 of the Atomic Energy Act of 1954 (42 U.S.C.
2286b) is amended by adding at the end the following new
subsection:
``(k) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of
title 5, United States Code, a quorum of the members of
the Board may hold a meeting that is not open to public
observation to discuss official business of the Board
if--
``(A) no formal or informal vote or other
official action is taken at the meeting;
``(B) each individual present at the
meeting is a member or an employee of the
Board;
``(C) at least one member of the Board from
each political party is present at the meeting,
unless all members of the Board are of the same
political party at the time of the meeting; and
``(D) the general counsel of the Board, or
a designee of the general counsel, is present
at the meeting.
``(2) Disclosure of nonpublic collaborative
discussions.--
``(A) In general.--Except as provided by
subparagraph (B), not later than two business
days after the conclusion of a meeting
described in paragraph (1), the Board shall
make available to the public, in a place easily
accessible to the public--
``(i) a list of the individuals
present at the meeting; and
``(ii) a summary of the matters,
including key issues, discussed at the
meeting, except for any matter the
Board properly determines may be
withheld from the public under section
552b(c) of title 5, United States Code.
``(B) Information about matters withheld
from public.--If the Board properly determines
under subparagraph (A)(ii) that a matter may be
withheld from the public under section 552b(c)
of title 5, United States Code, the Board shall
include in the summary required by that
subparagraph as much general information as
possible with respect to the matter.
``(3) Rules of construction.--Nothing in this
subsection may be construed--
``(A) to limit the applicability of section
552b of title 5, United States Code, with
respect to--
``(i) a meeting of the members of
the Board other than a meeting
described in paragraph (1); or
``(ii) any information that is
proposed to be withheld from the public
under paragraph (2)(A)(ii); or
``(B) to authorize the Board to withhold
from any individual any record that is
accessible to that individual under section
552a of title 5, United States Code.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $13,006,000 for fiscal year 2021 for
the purpose of carrying out activities under chapter 869 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce
training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent
graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime
industry in national security.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) Fiscal Year 2021 Authorization.--There are authorized
to be appropriated to the Department of Transportation for
fiscal year 2021, to be available without fiscal year
limitation if so provided in appropriations Acts, for programs
associated with maintaining the United States merchant marine,
the following amounts:
(1) For expenses necessary for operations of the
United States Merchant Marine Academy, $85,441,000, of
which--
(A) $79,941,000 shall be for Academy
operations; and
(B) $5,500,000 shall remain available until
expended for capital asset management at the
Academy.
(2) For expenses necessary to support the State
maritime academies, $50,780,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2022, for the Student Incentive
Program;
(B) $6,000,000 shall remain available until
expended for direct payments to such academies;
(C) $3,800,000 shall remain available until
expended for training ship fuel assistance;
(D) $8,080,000 shall remain available until
expended for offsetting the costs of training
ship sharing. and
(E) $30,500,000 shall remain available
until expended for maintenance and repair of
State maritime academy training vessels.
(3) For expenses necessary to support the National
Security Multi-Mission Vessel Program, $388,815,000,
which shall remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $67,148,000, of
which--
(A) $3,000,000 shall remain available until
expended for activities authorized under
section 50307 of title 46, United States Code;
and
(B) $9,775,000 shall remain available until
expended for the Marine Highways Program.
(5) For expenses necessary to dispose of vessels in
the National Defense Reserve Fleet, $5,000,000, which
shall remain available until expended.
(6) For expenses necessary to maintain and preserve
a United States flag merchant marine to serve the
national security needs of the United States under
chapter 531 of title 46, United States Code,
$494,008,000.
(7) For expenses necessary for the loan guarantee
program authorized under chapter 537 of title 46,
United States Code, $33,000,000, of which--
(A) $30,000,000 shall remain available
until expended for the cost (as defined in
section 502(5) of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $3,000,000 may be used for
administrative expenses relating to loan
guarantee commitments under the program.
(8) For expenses necessary to provide assistance to
small shipyards and for maritime training programs
under section 54101 of title 46, United States Code,
$20,000,000, which shall remain available until
expended.
(9) For expenses necessary to implement the Port
and Intermodal Improvement Program, $750,000,000,
except that no such funds may be used to provide a
grant to purchase fully automated cargo handling
equipment that is remotely operated or remotely
monitored with or without the exercise of human
intervention or control, if the Secretary determines
such equipment would result in a net loss of jobs
within a port or port terminal.
(b) Amount of Fiscal Year 2021 Contractor Payments Under
Operating Agreements.--Section 53106(a)(1)(B) of title 46,
United States Code, is amended by striking ``$5,233,463'' and
inserting ``$8,233,463''.
(c) Conforming Amendment.--Title 46, United States Code, is
further amended--
(1) in section 53111(2), by striking
``$314,007,780'' and inserting ``$494,008,000''; and
(2) in section 54101(i), by striking ``for each of
fiscal years 2020 and 2021 to carry out this section
$40,000,000'' and inserting ``for fiscal year 2021 to
carry out this section $20,000,000''.
SEC. 3502. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL-
INSPECTION LAWS AND APPROVING FOREIGN VESSEL
CHARTERS FOR PASSENGER VESSELS.
(a) Improvements to Waiver Process.--
(1) In general.--Section 501 of title 46, United
States Code, is amended--
(A) by striking subsection (a) and
inserting the following new subsection (a):
``(a) On Request of Secretary of Defense.--
``(1) In general.--On request of the Secretary of
Defense, the head of an agency responsible for the
administration of the navigation or vessel-inspection
laws shall waive compliance with those laws to the
extent the Secretary considers necessary in the
interest of national defense to address an immediate
adverse effect on military operations.
``(2) Submittal of explanation to congress.--Not
later than 24 hours after making a request under
paragraph (1), the Secretary of Defense shall submit to
the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Armed Services
of the Senate a written explanation of the
circumstances requiring such a waiver in the interest
of national defense, including a confirmation that
there are insufficient qualified vessels to meet the
needs of national defense without such a waiver.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (2)
and (3) as paragraphs (3) and (4),
respectively;
(ii) by inserting after paragraph
(1) the following new paragraph (2):
``(2) Duration of waiver.--
``(A) In general.--Subject to subparagraphs
(B) and (C), a waiver issued under this
subsection shall be for a period of not more
than 10 days.
``(B) Waiver extension.--Upon the
termination of the period of a waiver issued
under this subsection, the head of an agency
may extend the waiver for an additional period
of not more than 10 days, if the Maritime
Administrator makes the determinations referred
to in paragraph (1).
``(C) Aggregate duration.--The aggregate
duration of the period of all waivers and
extensions of waivers under this subsection
with respect to any one set of events shall not
exceed 45 days.''; and
(iii) in paragraph (4), as so
redesignated--
(I) in subparagraph
(B)(ii), by striking
``paragraph (2)(A)'' and
inserting ``paragraph (3)(A)'';
and
(II) by adding at the end
the following new subparagraph:
``(C) Notification required for
extensions.--For purposes of this paragraph, an
extension requested or issued under paragraph
(2)(B) shall be treated in the same manner as a
waiver requested or issued under this
subsection.'';
(C) by redesignating subsection (c) as
subsection (d); and
(D) by inserting after subsection (b) the
following new subsection:
``(c) Report.--
``(1) In general.--Not later than 10 days after the
date of the conclusion of the voyage of a vessel that,
during such voyage, operated under a waiver issued
under this section, the owner or operator of the vessel
shall submit to the Maritime Administrator a report
that includes--
``(A) the name and flag of the vessel;
``(B) the dates of the voyage;
``(C) any relevant ports of call; and
``(D) any other information the Maritime
Administrator determines necessary.
``(2) Publication.--Not later than 48 hours after
receiving a report under paragraph (1), the Maritime
Administrator shall publish such report on an
appropriate website of the Department of
Transportation.''.
(2) Applicability.--The amendments made by
paragraph (1) shall apply with respect to waivers
issued after the date of the enactment of this Act.
(b) Foreign Vessel Charters for Passenger Vessels.--For
fiscal year 2020 and each subsequent fiscal year, the Maritime
Administrator shall make publicly available on an appropriate
website of the Maritime Administration--
(1) a detailed summary of each request for a
determination, approval, or confirmation that a vessel
charter for a passenger vessel is encompassed by the
general approval of time charters issued pursuant to
section 56101 of title 46, United States Code, or
regulations prescribed pursuant to such section; and
(2) the final action of the Administration with
respect to such request, after the provision of notice
and opportunity for public comment.
SEC. 3503. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) Sense of Congress.--It is the sense of Congress that,
due to the unique mission of the United States Merchant Marine
Academy, it is highly desirable that the Superintendent of the
Academy be a graduate of the Academy in good standing and have
attained an unlimited merchant marine officer's license.
(b) Qualifications of Superintendent.--Section 51301(c)(2)
of title 46, United States Code, is amended--
(1) in subparagraph (A)(i), by inserting after
``attained'' the following ``the rank of Captain, Chief
Mate, or Chief Engineer in the merchant marine of the
United States, or''; and
(2) in subparagraphs (B)(i)(I) and (C)(i), by
inserting ``merchant marine,'' before ``Navy,''.
SEC. 3504. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS.
Section 50302 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by inserting ``or
subsection (d)'' after ``this
subsection''; and
(ii) in subparagraph (G), by
inserting ``, including the owners or
operators of a facility, or collection
of facilities at a port'' after
``private entities'';
(B) in paragraph (5)--
(i) in subparagraph (A), by
inserting ``or subsection (d)'' after
``this subsection'';
(ii) in subparagraph (B)--
(I) by striking ``60'' and
inserting ``90''; and
(II) by inserting ``or
subsection (d)'' after ``this
subsection'';
(C) in paragraph (6), by striking
subparagraph (C);
(D) in paragraph (7)--
(i) in subparagraph (B)--
(I) by striking ``25
percent'' and inserting ``18
percent''; and
(II) by striking
``paragraph (3)(A)'' and all
that follows through the period
at the end of clause (ii) and
inserting ``subsection (d). The
requirement under paragraph
(6)(A)(ii) shall not apply to
grants made under subsection
(d).''; and
(ii) by striking subparagraph (C)
and inserting the following:
``(C) Development phase activities.--Of the
amounts made available for grants under this
section for a fiscal year--
``(i) not more than 10 percent may
be used to make grants for development
phase activities under paragraph
(3)(B); and
``(ii) not more than 10 percent may
be used to make grants for development
phase activities under subsection
(d)(3)(A)(ii)(III).'';
(E) in paragraph (8)--
(i) in subparagraph (A)--
(I) by inserting ``or
subsection (d)'' after ``this
subsection'' the first place it
appears; and
(II) by striking ``a
project under this subsection''
and inserting ``the project for
which the grant is requested'';
(ii) in subparagraph (B)--
(I) in clause (i) by
striking ``under this
subsection'' and inserting
``under this subsection or
subsection (d)''; and
(II) in clause (ii) by
inserting ``for which a grant
is awarded under subsection (d)
or that is'' after ``project'';
and
(F) in paragraph (9), by inserting ``for
grants made under this subsection and
subsection (d)'' after ``procedures'';
(G) in paragraph (10), by inserting ``or
subsection (d)'' after ``this subsection'';
(H) in paragraph (11)--
(i) in subparagraph (A)--
(I) by striking ``under
this subsection'' and inserting
``to make grants for port
development under this
section''; and
(II) by striking ``to carry
out this subsection'' and
inserting ``to make grants for
port development under this
section'';
(ii) in subparagraph (B)--
(I) in clause (i), by
striking ``for carrying out
this subsection'' and inserting
``to make grants for port
development under this
section''; and
(II) in clause (ii)--
(aa) by striking
``under this
subsection'' and
inserting ``for port
development under this
section'';
(bb) by inserting
``or that are returned
under paragraph
(9)(C)'' after ``the
award''; and
(cc) by adding at
the end the following
new sentence: ``Any
such amount may only be
expended to award a
grant under the same
subsection of this
section under which the
original grant was
made.''; and
(I) in paragraph (12)--
(i) by inserting ``and subsection
(d)'' after ``this subsection''; and
(ii) by striking subparagraph (A)
and redesignating subparagraphs (B)
through (D) as subparagraphs (A)
through (C), respectively;
(2) by redesignating subsection (d) as subsection
(e);
(3) by inserting after subsection (c) the following
new subsection (d):
``(d) Assistance for Small Inland and Coastal Ports and
Terminals.--
``(1) In general.--From amounts reserved under
subsection (c)(7)(B), the Secretary, acting through the
Administrator of the Maritime Administration, shall
make grants under this subsection to eligible
applicants for eligible projects at a port, to and from
which the average annual tonnage of cargo for the
immediately preceding 3 calendar years from the time an
application is submitted is less than 8,000,000 short
tons, as determined using United States Army Corps of
Engineers data or data provided by an independent audit
the findings of which are acceptable to the Secretary.
``(2) Awards.--In providing assistance under this
subsection, the Secretary shall--
``(A) take into account--
``(i) the economic advantage and
the contribution to freight
transportation at a port; and
``(ii) the competitive disadvantage
of such a port;
``(B) not make more than 1 award per
applicant under this subsection for each fiscal
year appropriation; and
``(C) take into consideration the degree to
which a project would promote the enhancement
and efficiencies of a port.
``(3) Use of funds.--
``(A) In general.--Assistance provided
under this subsection may be used for a project
that--
``(i) is--
``(I) within the boundary
of a port; or
``(II) outside the boundary
of a port, but is directly
related to port operations or
to an intermodal connection to
a port; and
``(ii) for--
``(I) making capital
improvements, including to
piers, wharves, docks,
terminals, and similar
structures used principally for
the movement of goods;
``(II) acquiring,
improving, repairing, or
maintaining transportation or
physical infrastructure,
buildings, or equipment;
``(III) performing
development phase activities
described in subsection
(c)(3)(B) related to carrying
out an activity described in
this clause; and
``(IV) otherwise fulfilling
the purposes for which such
assistance is provided.
``(B) Acquisition methods.--The Secretary
may not require as a condition of issuing a
grant under this subsection--
``(i) direct ownership of either a
facility or equipment to be procured
using funds awarded under this
subsection; or
``(ii) that equipment procured
using such funds be new.
``(4) Prohibited uses.--Funds provided under this
subsection may not be used for--
``(A) projects conducted on property
outside the boundary of a port unless such
property is directly related to port operations
or to an intermodal connection to a port;
``(B) any single grant award more than 10
percent of total allocation of funds to carry
out this subsection per fiscal year
appropriation; or
``(C) activities, including channel
improvements or harbor deepening that is part
of a Federal channel or an access channel
associated with a Federal channel, authorized,
as of the date of the application for
assistance under this subsection, to be carried
out by of the United States Army Corps of
Engineers.
``(5) Matching requirements.--
``(A) In general.--Any costs of the project
to be paid by the recipient's matching share
pursuant to subsection (c)(8)(B) may--
``(i) be incurred prior to the date
on which assistance is provided; and
``(ii) include a loan agreement, a
commitment from investors, cash on
balance sheet, or other contributions
determined acceptable by the Secretary.
``(B) Determination of effectiveness.--In
determining whether a project meets the
criteria under clauses (i), (iii), (iv), (v),
and (vi) of subsection (c)(6)(A), the Secretary
shall accept documentation used to obtain a
commitment of the matching funds covered by
this paragraph, including feasibility studies,
business plans, investor prospectuses, loan
applications, or similar documentation.''; and
(4) in subsection (e)(3), as so redesignated--
(A) by inserting ``or subsection (d)''
after ``subsection (c)''; and
(B) by striking ``to port authorities or
commissions or their subdivisions and agents''
and inserting ``to any eligible applicants as
described in subsection (c)(2)''.
SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 503 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief program
``(a) General Authority.--The Maritime Administrator may
make grants to, and enter into contracts and agreement with,
eligible State and Tribal entities and eligible entities for--
``(1) the costs of capital projects to protect,
repair, reconstruct, or replace equipment and
facilities of the United States maritime transportation
system that the Maritime Administrator determines is in
danger of suffering serious physical damage, or has
suffered serious physical damage, as a result of an
emergency; and
``(2) eligible operating costs of United States
maritime transportation equipment and facilities in an
area directly affected by an emergency during--
``(A) the one-year period beginning on the
date of a declaration of an emergency referred
to in subparagraph (A) or (B) of subsection
(j)(4); and
``(B) an additional one-year period
beginning one year after the date of an
emergency referred to in subparagraph (A) or
(B) of subsection (j)(4), if the Maritime
Administrator, in consultation with the
Administrator of the Federal Emergency
Management Administration, determines there is
a compelling need arising out of the emergency
for which the declaration is made.
``(b) Allocation.--
``(1) In general.--The Maritime Administrator shall
determine an appropriate method for the equitable
allocation and distribution of funds under this section
to eligible State and Tribal entities and eligible
entities.
``(2) Priority.--To the extent practicable, in
allocating and distributing funds under this section,
the Maritime Administrator shall give priority to
applications submitted by eligible State or Tribal
entities.
``(c) Applications.--An applicant for assistance under this
section shall submit an application for such assistance to the
Maritime Administrator at such time, in such manner, and
containing such information and assurances as the Maritime
Administrator may require.
``(d) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry
out this section shall be in addition to any other
funds available under this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect
the ability of any other agency of the Government,
including the Federal Emergency Management Agency, or a
State agency, a local governmental entity,
organization, or person, to provide any other funds
otherwise authorized by law.
``(e) Grant Requirements.--A grant awarded under this
section that is made to address an emergency referred to in
subsection (j)(4)(B) shall be--
``(1) subject to the terms and conditions the
Maritime Administrator determines are necessary;
``(2) made only for expenses that are not
reimbursed under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
or any Federal, State, or local assistance program; and
``(3) made only for expenses that are not
reimbursed under any type of marine insurance.
``(f) Federal Share of Costs.--The Federal share payable of
the costs for which a grant is made under this section shall be
100 percent.
``(g) Administrative Costs.--Of the amounts available to
carry out this section, not more than two percent may be used
for administration of this section.
``(h) Quality Assurance.--The Maritime Administrator shall
institute adequate policies, procedures, and internal controls
to prevent waste, fraud, abuse, and program mismanagement for
the distribution of funds under this section.
``(i) Reports.--On an annual basis, the Maritime
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the financial assistance provided
under this section during the year covered by the report. Each
such report shall include, for such year, a description of such
assistance provided and of how such assistance--
``(1) affected the United States maritime
transportation system;
``(2) mitigated the financial impact of the
emergency on the recipient of the assistance; and
``(3) protected critical infrastructure in the
United States.
``(j) Definitions.--In this section:
``(1) Eligible state or tribal entity.--The term
`eligible State or Tribal entity' means--
``(A) a port authority; or
``(B) a vessel owned and operated by a
State or Tribal government and facilities
associated with the operation of such vessel.
``(2) Eligible entity.--The term `eligible entity'
means a public or private entity that is created or
organized in the United States or under the laws of the
United States, with significant operations in and a
majority of its employees based in the United States,
that is engaged in--
``(A) vessel construction, transportation
by water, or support activities for
transportation by water with an assigned North
American Industry Classification System code
beginning with 3366, 483, 4883, or 6113, or in
the case of such construction, transportation,
or support activities conducted by a fish
processing vessel, such an assigned code
beginning with 3117; or
``(B) as determined by the Secretary of
Transportation--
``(i) construction or water
transportation related to activities
described in subparagraph (A); or
``(ii) maritime education and
training.
``(3) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) emergency response;
``(B) cleaning;
``(C) sanitization;
``(D) janitorial services;
``(E) staffing;
``(F) workforce retention;
``(G) paid leave;
``(H) procurement and use of protective
health equipment, testing, and training for
employees and contractors;
``(I) debt service payments;
``(J) infrastructure repair projects;
``(K) fuel; and
``(L) other maritime transportation system
operations, as determined by the Secretary of
Transportation;
``(4) Emergency.--The term `emergency' means a
natural disaster affecting a wide area (such as a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide) or a catastrophic failure from any
external cause, that impacts the United States maritime
transportation system and as a result of which--
``(A) the Governor of a State has declared
an emergency and the Maritime Administrator, in
consultation with the Administrator of the
Federal Emergency Management Administration,
has concurred in the declaration;
``(B) the President has declared a major
disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170);
``(C) national emergency declared by the
President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) is in effect; or
``(D) a public health emergency declared
pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) is in effect.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``50308. Port development; maritime transportation system emergency
relief program.''.
(c) Inclusion of COVID-19 Pandemic Public Health
Emergency.--For purposes of section 50308 of title 46, United
States Code, as added by subsection (a), the public health
emergency declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) resulting from the COVID-19
pandemic shall be treated as an emergency.
SEC. 3506. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY
FLEET VESSELS.
Section 51307 of title 46, United States Code, is amended
by striking subsection (b) and inserting the following:
``(b) Sea Year Cadets on Cable Security Fleet and Tanker
Security Fleet Vessels.--The Secretary shall require an
operator of a vessel participating in the Maritime Security
Program under chapter 531 of this title, the Cable Security
Fleet under chapter 532 of this title, or the Tanker Security
Fleet under chapter 534 of this title to carry on each Maritime
Security Program vessel, Cable Security Fleet vessel, or Tanker
Security Fleet vessel 2 United States Merchant Marine Academy
cadets, if available, on each voyage.''.
SEC. 3507. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION: TECHNICAL AMENDMENTS.
(a) Redesignation and Transfer of Section.--Section 54102
of title 46, United States Code, is redesignated as section
51706 of such title and transferred to appear after section
51705 of such title.
(b) Clerical Amendments.--Title 46, United States Code, is
amended--
(1) in the analysis for chapter 541, by striking
the item relating to section 54102; and
(2) in the analysis for chapter 517, by striking
the item relating to section 51705 and inserting the
following:
``51705. Training for use of force against piracy.
``51706. Center of excellence for domestic maritime workforce training
and education.''.
SEC. 3508. MERCHANT MARINER TRAINING AND EDUCATION.
(a) In General.--Chapter 517 of title 46, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 51707. Merchant mariner recruitment, training, and retention
strategic plan
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after
the date of the enactment of this section, and at least
once every five years thereafter until the termination
date under paragraph (6), the Secretary of
Transportation, acting through the Administrator of the
Maritime Administration, shall publish in the Federal
Register a plan to recruit, train, and retain merchant
mariners for the five-year period following the date of
publication of the most recently published plan under
this paragraph.
``(2) Contents.--A plan published under paragraph
(1) shall contain--
``(A) a strategy to address merchant
mariner recruitment, training, and retention
issues in the United States; and
``(B) demonstration and research priorities
concerning merchant mariner recruitment,
training, and retention.
``(3) Factors.--In developing a plan under
paragraph (1), the Secretary shall take into account,
at a minimum--
``(A) the availability of existing research
(as of the date of publication of the plan);
and
``(B) the need to ensure results that have
broad applicability for the United States
merchant marine workforce development.
``(4) Consultation.--In developing a plan under
paragraph (1), the Secretary shall consult with
representatives of the maritime industry, labor
organizations, including the Commander of the
Transportation Command and the Commander of the
Military Sealift Command, and other governmental
entities and stakeholders in the maritime industry.
``(5) Transmittal to congress.--The Secretary shall
transmit copies of any plan published under paragraph
(1) to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
``(6) Termination date.--The requirement to publish
a plan under this paragraph shall terminate on the date
that the Administrator of the Maritime Administration
determines that there is an adequate number of United
States mariners for sustained strategic sealift.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``51707. Merchant mariner recruitment, training, and retention strategic
plan.''.
``` (c) Study and Report on Financial Assistance for
Training Merchant Mariners.--
(1) Study required.--The Administrator of the
Maritime Administration, in coordination with the
Secretary of Education, the Secretary of Labor, and the
Secretary of Veterans Affairs, shall conduct a study
to--
(A) identify Federal financial assistance
available for the training of United States
merchant mariners, including those working to
receive a Standards of Training, Certification
and Watchkeeping endorsement under subchapter B
of chapter 1 of title 46, Code of Federal
Regulations;
(B) identify individuals eligible for
assistance described in subparagraph (A); and
(C) develop recommendations to improve
licensed and unlicensed merchant mariner access
to assistance described in subparagraph (A).
(2) Report and briefing.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator of the Maritime Administration shall--
(A) provide to Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
briefing on the results of the study required
under paragraph (1); and
(B) make such results publicly available on
an appropriate website.
SEC. 3509. PUBLICATION OF INFORMATION ABOUT STUDENTS AND RECENT
GRADUATES OF MARITIME ACADEMIES.
Not later than one year after the date of the enactment of
this Act, the Maritime Administrator shall make publicly
available on an appropriate website data, as available, on the
following:
(1) The number of individuals who graduated from
the United States Merchant Marine Academy and from each
State Maritime Academy during the five-year period
preceding the date of the enactment of this Act.
(2) The number of such individuals who have become
employed in, or whose status qualifies under, each of
the following categories:
(A) Maritime Afloat.
(B) Maritime Ashore.
(C) Armed Forces of the United States.
(D) Non-maritime.
(E) Graduate studies.
(F) Unknown.
(3) The number of students in each class at each
State Maritime Academy who are receiving as of the date
of the enactment of this Act, or who received during
such five-year period, funds under the student
incentive payment program under section 51509 of title
46, United States Code.
(4) The number of students described under
paragraph (3) who used partial student incentive
payments and who graduated without an obligation under
such program.
(5) The number of students described under
paragraph (3) who graduated with an obligation under
such program.
SEC. 3510. MARINER LICENSING AND CREDENTIALING FOR M/V LISERON.
(a) In General.--Except as provided in subsection (b) and
subject to subsection (c), for purposes of licensing and
credentialing of mariners, the Secretary of Homeland Security
shall prescribe a tonnage measurement as a small passenger
vessel, as defined in section 2101 of title 46, United States
Code, for the M/V LISERON (United States official number
971339) for purposes of applying the optional regulatory
measurement under section 14305 and under chapter 145 of such
title.
(b) Exception.--Subsection (a) shall not apply with respect
to the vessel referred to in such subsection if the length of
the vessel exceeds its length on the date of enactment of this
Act.
(c) Restrictions.--The vessel referred to in subsection (a)
is subject to the following restrictions:
(1) The vessel may not operate outside the inland
waters of the United States, as established under
section 151 of title 33, United States Code, when
carrying passengers for hire and operating under
subsection (a).
(2) The Secretary may issue a restricted credential
as appropriate for a licensed individual employed to
serve on such vessel under prescribed regulations.
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Part C of subtitle V of title 46, United
States Code, is amended by inserting after chapter 533 the
following new chapter:
``CHAPTER 534--TANKER SECURITY FLEET
``53401. Definitions.
``53402. Establishment of the Tanker Security Fleet.
``53403. Award of operating agreements.
``53404. Effectiveness of operating agreements.
``53405. Obligations and rights under operating agreements.
``53406. Payments.
``53407. National security requirements.
``53408. Regulatory relief.
``53409. Special rule regarding age of participating Fleet vessels.
``53410. Regulations.
``53411. Authorization of appropriations.
``53412. Acquisition of Fleet vessels.
``Sec. 53401. Definitions
``In this chapter:
``(1) Foreign commerce.--The term `foreign
commerce' means--
``(A) commerce or trade between the United
States, its territories or possessions, or the
District of Columbia, and a foreign country;
and
``(B) commerce or trade between foreign
countries.
``(2) Participating fleet vessel.--The term
`participating Fleet vessel' means any product tank
vessel covered by an operating agreement under this
chapter on or after January 1, 2022, that--
``(A) meets the requirements of one of
paragraphs (1) through (4) of section 53402(b)
of this title; and
``(B) is no more than 20 years of age.
``(3) Person.--The term `person' includes
corporations, partnerships, and associations existing
under, or authorized by, laws of the United States, or
any State, territory, district, or possession thereof,
or any foreign country.
``(4) Product tank vessel.--The term `product tank
vessel' means a double-hulled tank vessel capable of
carrying simultaneously more than 2 separated grades of
refined petroleum products.
``(5) Program participant.--The term `program
participant' means an owner or operator of a vessel
that enters into an operating agreement covering a
participating fleet vessel with the Secretary under
section 53403.
``(6) Secretary.--The term `Secretary' means the
Secretary of Transportation, unless the context
indicates otherwise.
``(7) United states citizen trust.--The term
`United States citizen trust'--
``(A) means a trust for which--
``(i) each of the trustees is a
citizen of the United States; and
``(ii) the application for
documentation of the vessel under
chapter 121 of this title includes an
affidavit of each trustee stating that
the trustee is not aware of any reason
involving a beneficiary of the trust
that is not a citizen of the United
States, or involving any other person
who is not a citizen of the United
States, as a result of which the
beneficiary or other person would hold
more than 25 percent of the aggregate
power to influence or limit the
exercise of the authority of the
trustee with respect to matters
involving any ownership or operation of
the vessel that may adversely affect
the interests of the United States;
``(B) does not include a trust for which
any person that is not a citizen of the United
States has authority to direct, or participate
in directing, a trustee for a trust in matters
involving any ownership or operation of the
vessel that may adversely affect the interests
of the United States or in removing a trustee
without cause, either directly or indirectly
through the control of another person, unless
the trust instrument provides that persons who
are not citizens of the United States may not
hold more than 25 percent of the aggregate
authority to so direct or remove a trustee; and
``(C) may include a trust for which a
person who is not a citizen of the United
States holds more than 25 percent of the
beneficial interest in the trust.
``Sec. 53402. Establishment of the Tanker Security Fleet
``(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Defense, shall establish a
fleet of active, commercially viable, militarily useful,
privately owned product tank vessels to meet national defense
and other security requirements and maintain a United States
presence in international commercial shipping. The fleet shall
consist of privately owned vessels of the United States for
which there are in effect operating agreements under this
chapter, and shall be known as the `Tanker Security Fleet'
(hereafter in this chapter referred to as the `Fleet').
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if the vessel--
``(1) meets the requirements under paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) is operated (or in the case of a vessel to be
constructed, will be operated) in providing
transportation in United States foreign commerce;
``(3) is self-propelled;
``(4) is not more than 10 years of age on the date
the vessel is first included in the Fleet;
``(5) is determined by the Secretary of Defense to
be suitable for use by the United States for national
defense or military purposes in time of war or national
emergency;
``(6) is commercially viable, as determined by the
Secretary of Transportation; and
``(7) is--
``(A) a vessel of the United States; or
``(B) not a vessel of the United States,
but--
``(i) the owner of the vessel has
demonstrated an intent to have the
vessel documented under chapter 121 of
this title if it is included in the
Fleet; and
``(ii) at the time an operating
agreement is entered into under this
chapter, the vessel is eligible for
documentation under chapter 121 of this
title.
``(c) Requirements Regarding Citizenship of Owners,
Charterers, and Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this
paragraph if, during the period of an operating
agreement under this chapter that applies to the
vessel, the vessel will be owned and operated by one or
more persons that are citizens of the United States
under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or
united states citizen trust, and chartered to a
documentation citizen.--A vessel meets the requirements
of this paragraph if--
``(A) during the period of an operating
agreement under this chapter that applies to
the vessel, the vessel will be--
``(i) owned by a person that is a
citizen of the United States under
section 50501 of this title or that is
a United States citizen trust; and
``(ii) demise chartered to a
person--
``(I) that is eligible to
document the vessel under
chapter 121 of this title;
``(II) the chairman of the
board of directors, chief
executive officer, and a
majority of the members of the
board of directors of which are
citizens of the United States
under section 50501 of this
title, and are appointed and
subjected to removal only upon
approval by the Secretary of
Transportation; and
``(III) that certifies to
the Secretary of Transportation
that there are no treaties,
statutes, regulations, or other
laws that would prohibit the
program participant for the
vessel from performing its
obligations under an operating
agreement under this chapter;
``(B) in the case of a vessel that will be
demise chartered to a person that is owned or
controlled by another person that is not a
citizen of the United States under section
50501 of this title, the other person enters
into an agreement with the Secretary of
Transportation not to influence the operation
of the vessel in a manner that will adversely
affect the interests of the United States; and
``(C) the Secretary of Transportation and
the Secretary of Defense notify the Committee
on Armed Services and the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and
the Committee on Transportation and
Infrastructure of the House of Representatives
that the Secretaries concur with the
certification required under subparagraph
(A)(ii)(III), and have reviewed and agree that
there are no legal, operational, or other
impediments that would prohibit the owner or
operator for the vessel from performing its
obligations under an operating agreement under
this chapter.
``(3) Vessels owned and operated by a defense
contractor.--A vessel meets the requirements of this
paragraph if--
``(A) during the period of an operating
agreement under this chapter that applies to
the vessel, the vessel will be owned and
operated by a person that--
``(i) is eligible to document a
vessel under chapter 121 of this title;
``(ii) operates or manages other
vessels of the United States for the
Secretary of Defense, or charters other
vessels to the Secretary of Defense;
``(iii) has entered into a special
security agreement for the purpose of
this paragraph with the Secretary of
Defense;
``(iv) makes the certification
described in paragraph (2)(A)(ii)(III);
and
``(v) in the case of a vessel
described in paragraph (2)(B), enters
into an agreement referred to in that
paragraph; and
``(B) the Secretary of Transportation and
the Secretary of Defense notify the Committee
on Armed Services and the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and
the Committee on Transportation and
Infrastructure of the House of Representatives
that they concur with the certification
required under subparagraph (A)(iv), and have
reviewed and agree that there are no legal,
operational, or other impediments that would
prohibit the program participant for the vessel
from performing its obligations under an
operating agreement under this chapter.
``(4) Vessels owned by documentation citizens and
chartered to section 50501 citizens.--A vessel meets
the requirements of this paragraph if, during the
period of an operating agreement under this chapter,
the vessel will be--
``(A) owned by a person who is eligible to
document a vessel under chapter 121 of this
title; and
``(B) demise chartered to a person that is
a citizen of the United States under section
50501 of this title.
``(d) Request by Secretary of Defense.--The Secretary of
Defense shall request that the Secretary of Homeland Security
issue any waiver under section 501 of this title that the
Secretary of Defense determines is necessary for purposes of
this chapter.
``(e) Vessel Standards.--
``(1) Certificate of inspection.--A vessel used to
provide oceangoing transportation the Secretary of the
department in which the Coast Guard is operating
determines meets the criteria of subsection (b) but
which, on the date of enactment of this section, is not
documented under chapter 121, shall be eligible for a
certificate of inspection if the Secretary of the
department in which the Coast Guard is operating
determines that--
``(A) the vessel is classed by and designed
in accordance with the rules of the American
Bureau of Shipping, or another classification
society accepted by the Commandant of the Coast
Guard;
``(B) the vessel complies with applicable
international agreements and associated
guidelines, as determined by the country in
which the vessel was documented immediately
before becoming documented under chapter 121 of
this title; and
``(C) the country has not been identified
by the Commandant of the Coast Guard as
inadequately enforcing international vessel
regulations as to that vessel.
``(2) Continued eligibility for certificate.--
Subsection (a) shall not apply to any vessel that has
failed to comply with the applicable international
agreements and associated guidelines referred to in
paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Commandant of the
Coast Guard may rely on a certification from
the American Bureau of Shipping or, subject to
subparagraph (B), another classification
society accepted by the Commandant of the Coast
Guard, to establish that a vessel is in
compliance with the requirements of paragraph
(1).
``(B) Foreign classification society.--The
Commandant of the Coast Guard may accept
certification from a foreign classification
society under subparagraph (A) only--
``(i) to the extent that the
government of the foreign country in
which the society is headquartered
provides access on a reciprocal basis
to the American Bureau of Shipping; and
``(ii) if the foreign
classification society has offices and
maintains records in the United States.
``Sec. 53403. Award of operating agreements
``(a) In General.--The Secretary of Transportation shall
require, as a condition of including any vessel in the Fleet,
that the program participant of the vessel enter into an
operating agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Eligible vessels.--The Secretary of
Transportation shall accept an application for an
operating agreement for an eligible product tank vessel
under the priority under paragraph (2) only from a
person that has authority to enter into an operating
agreement under this chapter.
``(2) Establishment of priority.--The Secretary of
Transportation may enter into a new operating agreement
with an applicant that meets the requirements of
section 53402(c) for a vessel that meets the
qualifications of section 53402(b), and shall give
priority to applications based on--
``(A) vessel capabilities, as established
by the Secretary of Defense; then
``(B) after consideration of vessel type,
according to an applicant's record of owning
and operating vessels; then
``(C) after consideration of ownership and
operation, according to such additional
priorities as the Secretary of Transportation
may consider appropriate.
``(3) Concurrence of award.--The Secretary of
Transportation may not approve an application for an
operating agreement without the concurrence of the
Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary of
Transportation may not award operating agreements under this
chapter that require payments under section 53406 of this title
for more than 10 vessels.
``(d) Judicial Review.--No court shall have jurisdiction to
review the Secretary's decision with respect to the award or
non-award of an operating agreement issued under this chapter.
``Sec. 53404. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary may enter into
an operating agreement under this chapter for fiscal year 2022
and any subsequent fiscal year. The agreement shall be
effective only for 1 fiscal year, but shall be renewable,
subject to the availability of appropriations, for each fiscal
year through the end of fiscal year 2035.
``(b) Vessels Under Charter to the United States.--The
program participant of a vessel under charter to the United
States is eligible to receive payments pursuant to any
operating agreement that covers such vessel.
``(c) Termination.--
``(1) Termination by secretary for lack of program
participant compliance.--If the program participant
with respect to an operating agreement materially fails
to comply with the terms of the agreement--
``(A) the Secretary shall notify the
program participant and provide a reasonable
opportunity to comply with the operating
agreement; and
``(B) the Secretary shall terminate the
operating agreement if the program participant
fails to achieve such compliance.
``(2) Termination by program participant.--If a
program participant provides notice of the intent to
terminate an operating agreement under this chapter on
a date specified by not later than 60 days prior to the
date specified by the program participant for such
termination, such agreement shall terminate on the date
specified by the program participant.
``(d) Nonrenewal for Lack of Funds.--If, by the first day
of a fiscal year, sufficient funds have not been appropriated
under the authority provided by this chapter for that fiscal
year, then the Secretary shall notify the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and Infrastructure
of the House of Representatives that operating agreements
authorized under this chapter for which sufficient funds are
not available will not be renewed for that fiscal year if
sufficient funds are not appropriated by the 60th day of that
fiscal year.
``(e) Release of Vessels From Obligations.--If funds are
not appropriated for payments under an operating agreement
under this chapter for any fiscal year by the 60th day of that
fiscal year, then--
``(1) each vessel covered by the operating
agreement is thereby released from any further
obligation under the operating agreement;
``(2) the program participant for the vessel may
transfer and register such vessel under a foreign
registry that is acceptable to the Secretary of
Transportation and the Secretary of Defense,
notwithstanding section 56101 of this title; and
``(3) if chapter 563 of this title is applicable to
the vessel after registration, then the vessel is
available to be requisitioned by the Secretary pursuant
to chapter 563 of this title.
``Sec. 53405. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An operating agreement under
this chapter shall require that, during the period the vessel
covered by the agreement is operating under the agreement the
vessel shall--
``(1) be operated in the United States foreign
commerce, mixed United States foreign commerce and
domestic trade allowed under a registry endorsement
issued under section 12111 of this title, in foreign-
to-foreign commerce, or under a charter to the United
States;
``(2) not be operated in the coastwise trade except
as described in paragraph (1); and
``(3) be documented under chapter 121 of this
title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An operating agreement under
this chapter shall require, subject to the availability
of appropriations, that the Secretary make a payment to
the program participant in accordance with section
53406.
``(2) Operating agreement is an obligation of the
united states government.--An operating agreement under
this chapter constitutes a contractual obligation of
the United States Government to pay the amounts
provided for in the agreement to the extent of actual
appropriations.
``(c) Documentation Requirement.--Each vessel covered by
the operating agreement, including an agreement terminated
under section 53404(c)(2), shall remain documented under
chapter 121 of this title until the date the operating
agreement would terminate according to its terms.
``(d) National Security Requirements.--
``(1) In general.--A program participant with
respect to an operating agreement, including an
agreement terminated under section 53404(c)(2), shall
continue to be bound by the provisions of section 53407
until the date the operating agreement would terminate
according to its terms.
``(2) Emergency preparedness agreement.--All terms
and conditions of an Emergency Preparedness Agreement
entered into under section 53407 shall remain in effect
until the date the operating agreement would terminate
according to its terms, except that the terms of such
Emergency Preparedness Agreement may be modified by the
mutual consent of the program participant, the
Secretary of Transportation, and the Secretary of
Defense.
``(e) Transfer of Operating Agreements.--A program
participant may transfer an operating agreement (including all
rights and obligations under the agreement) to any person that
is eligible to enter into that operating agreement under this
chapter, if the Secretary of Transportation and the Secretary
of Defense determine that the transfer is in the best interests
of the United States.
``(f) Replacement of Vessels Covered by Agreements.--A
program participant may replace the vessel with another vessel
that is eligible to be included in the Fleet under section
53402(b), if the Secretary of Transportation, in coordination
with the Secretary of Defense, approves the replacement of the
vessel. No court shall have jurisdiction to review a decision
by the Secretary of Transportation or the Secretary of Defense
pertaining to the replacement of a vessel under this section.
``Sec. 53406. Payments
``(a) Annual Payment.--Subject to the availability of
appropriations for such purpose and the other provisions of
this chapter, the Secretary shall pay to program participant
for an operating agreement under this chapter an amount equal
to $6,000,000 for each vessel covered by the agreement for each
fiscal year that the vessel is covered by the agreement. Such
amount shall be paid in equal monthly installments on the last
day of each month. The amount payable under this subsection may
not be reduced except as provided by this section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for a
vessel, the program participant shall certify, in accordance
with regulations issued by the Secretary, that the vessel has
been and will be operated in accordance with section 53405(a)
of this title for at least 320 days during the fiscal year.
Days during which the vessel is drydocked, surveyed, inspected,
or repaired shall be considered days of operation for purposes
of this subsection.
``(c) General Limitations.--The Secretary may not make any
payment under this chapter for a vessel with respect to any
days for which the vessel is--
``(1) not operated or maintained in accordance with
an operating agreement under this chapter;
``(2) more than 20 years of age; or
``(3) simultaneously operating under an agreement
pursuant to chapter 531 of this title.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an operating
agreement, the Secretary--
``(1) except as provided in paragraph (2), may not
reduce such a payment for--
``(A) the operation of the vessel to carry
military or other preference cargoes under
section 55302(a), 55304, 55305, or 55314 of
this title, section 2631 of title 10, or any
other cargo preference law of the United
States; or
``(B) any days in which the vessel is
operated under charter to the United States
Government;
``(2) may not make such a payment for any day that
the vessel is engaged in transporting more than 7,500
tons of civilian bulk preference cargoes pursuant to
section 55302(a), 55305, or 55314 of this title; and
``(3) shall make a pro rata reduction for each day
less than 320 in a fiscal year that the vessel is not
operated in accordance with section 53405 of this
title.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No program participant shall
receive payments pursuant to this chapter during a
period in which it participates in noncontiguous
domestic trade.
``(2) Limitation on application.--Paragraph (1)
shall not apply to a program participant that is a
citizen of the United States within the meaning of
section 50501 of this title, applying the 75 percent
ownership requirement of that section.
``(3) Participates in a noncontiguous trade
defined.--In this subsection the term `participates in
a noncontiguous domestic trade' means directly or
indirectly owns, charters, or operates a vessel engaged
in transportation of cargo between a point in the
contiguous 48 States and a point in Alaska, Hawaii, or
Puerto Rico, other than a point in Alaska north of the
Arctic Circle.
``Sec. 53407. National security requirements
``(a) Emergency Preparedness Agreement Required.--The
Secretary of Transportation, in coordination with the Secretary
of Defense, shall establish an emergency preparedness program
under this section under which the program participant for an
operating agreement under this chapter shall agree, as a
condition of the operating agreement, to enter into an
emergency preparedness agreement with the Secretary. The
Secretary shall negotiate and enter into an Emergency
Preparedness Agreement with each program participant as
promptly as practicable after the program participant has
entered into the operating agreement.
``(b) Terms of Agreement.--The terms of an agreement under
this section--
``(1) shall provide that upon request by the
Secretary of Defense during time of war or national
emergency, or whenever determined by the Secretary of
Defense to be necessary for national security or
contingency operation (as that term is defined in
section 101 of title 10), the program participant shall
make available commercial transportation resources
(including services) described in subsection (d) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Secretary of Transportation and the
Secretary of Defense; and
``(3) shall allow for the modification or addition
of terms upon agreement by the Secretary of
Transportation and the program participant and the
approval by the Secretary of Defense.
``(c) Participation After Expiration of Operating
Agreement.--Except as provided by section 53406, the Secretary
of Transportation may not require, through an emergency
preparedness agreement or an operating agreement, that a
program participant covered by an operating agreement continue
to participate in an emergency preparedness agreement after the
operating agreement has expired according to its terms or is
otherwise no longer in effect. After the expiration of an
emergency preparedness agreement, a program participant may
voluntarily continue to participate in the agreement.
``(d) Resources Made Available.--The commercial
transportation resources to be made available under an
emergency preparedness agreement shall include vessels or
capacity in vessels, terminal facilities, management services,
and other related services, or any agreed portion of such
nonvessel resources for activation as the Secretary of Defense
may determine to be necessary, seeking to minimize disruption
of the program participant's service to commercial customers.
``(e) Compensation.--
``(1) In general.--The Secretary of Transportation
shall include in each Emergency Preparedness Agreement
provisions approved by the Secretary of Defense under
which the Secretary of Defense shall pay fair and
reasonable compensation for all commercial
transportation resources provided pursuant to this
section.
``(2) Specific requirements.--Compensation under
this subsection--
``(A) shall not be less than the program
participant's commercial market charges for
like transportation resources;
``(B) shall be fair and reasonable
considering all circumstances;
``(C) shall be provided from the time that
a vessel or resource is required by the
Secretary of Defense until the time it is
redelivered to the program participant and is
available to reenter commercial service; and
``(D) shall be in addition to and shall not
in any way reflect amounts payable under
section 53406 of this title.
``(f) Temporary Replacement Vessels.--Notwithstanding
section 55302(a), 55304, 55305, or 55314 of this title, section
2631 of title 10, or any other cargo preference law of the
United States--
``(1) a program participant may operate or employ
in foreign commerce a foreign-flag vessel or foreign-
flag vessel capacity as a temporary replacement for a
vessel of the United States or vessel of the United
States capacity that is activated by the Secretary of
Defense under an emergency preparedness agreement or a
primary Department of Defense sealift-approved
readiness program; and
``(2) such replacement vessel or vessel capacity
shall be eligible during the replacement period to
transport preference cargoes subject to sections
55302(a), 55304, 55305, and 55314 of this title and
section 2631 of title 10, United States Code, to the
same extent as the eligibility of the vessel or vessel
capacity replaced.
``(g) Redelivery and Liability of the United States for
Damages.--
``(1) In general.--All commercial transportation
resources activated under an emergency preparedness
agreement shall, upon termination of the period of
activation, be redelivered to the program participant
in the same good order and condition as when received,
less ordinary wear and tear, or the Secretary of
Defense shall fully compensate the program participant
for any necessary repair or replacement.
``(2) Limitation on united states liability.--
Except as may be expressly agreed in an emergency
preparedness agreement, or as otherwise provided by
law, the Government shall not be liable for disruption
of a program participant's commercial business or other
consequential damages to the program participant
arising from the activation of commercial
transportation resources under an emergency
preparedness agreement.
``Sec. 53408. Regulatory relief
``(a) Operation in Foreign Commerce.--A program participant
for a vessel included in an operating agreement under this
chapter may operate the vessel in the foreign commerce of the
United States without restriction.
``(b) Other Restrictions.--The restrictions of section
55305(a) of this title concerning the building, rebuilding, or
documentation of a vessel in a foreign country shall not apply
to a vessel for any day the operator of the vessel is receiving
payments for the operation of that vessel under an operating
agreement under this chapter.
``(c) Telecommunications Equipment.--The telecommunications
and other electronic equipment on an existing vessel that is
redocumented under the laws of the United States for operation
under an operating agreement under this chapter shall be deemed
to satisfy all Federal Communications Commission equipment
approval requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was
documented immediately before becoming documented under
the laws of the United States;
``(2) that country has not been identified by the
Secretary as inadequately enforcing international
regulations as to that vessel; and
``(3) at the end of its useful life, such equipment
shall be replaced with equipment that meets Federal
Communications Commission equipment approval standards.
``Sec. 53409. Special rule regarding age of participating Fleet vessels
``Any age restriction under section 53402(b)(4) of this
title shall not apply to a participating Fleet vessel during
the 30-month period beginning on the date the vessel begins
operating under an operating agreement under this chapter, if
the Secretary determines that the program participant for the
vessel has entered into an arrangement to obtain and operate
under the operating agreement for the participating Fleet
vessel a replacement vessel that, upon commencement of such
operation, will be eligible to be included in the Fleet under
section 53402(b) of this title.
``Sec. 53410. Regulations
``The Secretary of Transportation and the Secretary of
Defense may each prescribe rules as necessary to carry out
their respective responsibilities under this chapter.
``Sec. 53411. Authorization of appropriations
``There is authorized to be appropriated for payments under
section 53406, $60,000,000 for each of fiscal years 2022
through 2035, to remain available until expended.
``Sec. 53412. Acquisition of Fleet vessels
``(a) In General.--Upon replacement of a Fleet vessel under
an operating agreement under this chapter, and subject to
agreement by the program participant of the vessel, the
Secretary of Transportation is authorized, subject to the
concurrence of the Secretary of Defense, acquire the vessel
being replaced for inclusion in the National Defense Reserve
Fleet.
``(b) Requirements.--To be eligible for acquisition by the
Secretary of Transportation under this section a vessel shall--
``(1) have been covered by an operating agreement
under this chapter for not less than 3 years; and
``(2) meet recapitalization requirements for the
Ready Reserve Force.
``(c) Fair Market Value.--A fair market value shall be
established by the Maritime Administration for acquisition of
an eligible vessel under this section.
``(d) Appropriations.--Vessel acquisitions under this
section shall be subject to the availability of appropriations.
Amounts made available to carry out this section shall be
derived from amounts authorized to be appropriated for the
National Defense Reserve Fleet. Amounts authorized to be
appropriated to carry out the Maritime Security Program may not
be use to carry out this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
V of title 46, United States Code, is amended by adding at the
end the following:
``534. Tanker Security Fleet....................................53401''.
(c) Deadline for Accepting Applications.--
(1) In general.--The Secretary of Transportation
shall begin accepting applications for enrollment of
vessels in the Tanker Security Fleet established under
chapter 534 of title 46, United States Code, as added
by subsection (a), by not later than 60 days after the
date of the enactment of this title.
(2) Approval.--Not later than 90 days after receipt
of an application for the enrollment of a vessel in the
Tanker Security Fleet, the Secretary of Transportation,
in coordination with the Secretary of Defense shall--
(A) approve the application and enter into
an operating agreement with the applicant; or
(B) provide to the applicant a written
explanation for the denial of the application.
(3) Vessels operating in maritime security fleet.--
Notwithstanding the requirements of section 53402(b) of
title 46, United States Code, the Secretary of
Transportation shall approve an application submitted
under chapter 534 of title 46, United State Code, for a
product tank vessel for which there is, on the date of
enactment of this title, an effective operating
agreement under chapter 531 of title 46, United States
Code.
(d) Effective Date.--
(1) In general.--This section shall take effect on
the date on which the Secretary of Defense--
(A) has completed the report on United
States flagged fuel tanker vessel capacity as
required by section 3519 of the National
Defense Authorization Act for Fiscal Year 2020;
(B) has submitted that report to the
appropriate committees of Congress;
(C) publishes certification--
(i) that a program for United
States-flagged fuel tanker vessels as
prescribed in chapter 534 of title 46,
United States Code, as amended by this
section, for the purpose of providing
additional United States-flagged fuel
tanker vessels is in the national
security interest of the United State;
and
(ii) of the number of such
additional tankers covered under such a
program that could be necessary to meet
Department of Defense wartime
requirements.
(2) Appropriate committees of congress defined.--In
this section the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed
Services of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed
Services of the House of Representatives.
Subtitle C--Other Matters
SEC. 3521. MARITIME SECURITY AND DOMAIN AWARENESS.
(a) Progress Report on Maritime Security.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
the Secretary of the Department in which the Coast
Guard is operating, and the heads of other appropriate
Federal agencies, shall submit to the congressional
defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Foreign Relations of the Senate a report on the steps
taken since December 20, 2019, to make further use of
the following mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in
existing shiprider agreements to which the
United States is a party.
(B) Entry into shiprider agreements that
include counter-IUU fishing with priority flag
states and countries in priority regions with
which the United States does not already have
such agreements.
(C) Inclusion of counter-IUU fishing in the
mission of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing
exercises in the annual at-sea exercises
conducted by the Department of Defense, in
coordination with the United States Coast
Guard.
(E) Development of partnerships similar to
the Oceania Maritime Security Initiative and
the Africa Maritime Law Enforcement Partnership
in other priority regions.
(2) Element.--The report required by paragraph (1)
shall include a description of specific steps taken by
the Secretary of the Navy with respect to each
mechanism described in paragraph (1), including a
detailed description of any security cooperation
engagement undertaken to combat IUU fishing by such
mechanisms and resulting coordination between the
Department of the Navy and the Coast Guard.
(b) Assessment of Service Coordination on Maritime Domain
Awareness.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Navy shall enter into an agreement with the Secretary
of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, to assess the available commercial solutions
for collecting, sharing, and disseminating among United
States maritime services and partner countries maritime
domain awareness information relating to illegal
maritime activities, including IUU fishing.
(2) Elements.--The assessment carried out pursuant
to an agreement under paragraph (1) shall--
(A) build on the ongoing Coast Guard
assessment related to autonomous vehicles;
(B) consider appropriate commercially and
academically available technological solutions;
and
(C) consider any limitation related to
affordability, exportability, maintenance, and
sustainment requirements and any other factor
that may constrain the suitability of such
solutions for use in a joint and combined
environment, including the potential provision
of such solutions to one or more partner
countries.
(3) Submittal to congress.--Not later than one year
after entering into an agreement under paragraph (1),
the Secretary of the Navy shall submit to the Committee
on Armed Services, the Committee on Commerce, Science,
and Transportation, the Committee on Foreign Relations,
and the Committee on Appropriations of the Senate and
the Committee on Armed Services, the Committee on
Natural Resources, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and
the Committee on Appropriations of the House of
Representatives the assessment prepared in accordance
with the agreement.
(c) Report on Use of Fishing Fleets by Foreign
Governments.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Office of Naval Intelligence shall submit to the
Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Foreign
Relations, and the Committee on Appropriations of the
Senate and the Committee on Armed Services, the
Committee on Natural Resources, the Committee on
Transportation and Infrastructure, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives a report on the use by
governments of foreign countries of distant-water
fishing fleets as extensions of the official maritime
security forces of such countries.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An analysis of the manner in which
fishing fleets are leveraged in support of the
naval operations and policies of foreign
countries more generally.
(B) A consideration of--
(i) threats posed, on a country-by-
country basis, to the fishing vessels
and other vessels of the United States
and partner countries;
(ii) risks to Navy and Coast Guard
operations of the United States, and
the naval and coast guard operations of
partner countries; and
(iii) the broader challenge to the
interests of the United States and
partner countries.
(3) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(d) Definitions.--In this section, any term that is also
used in the Maritime SAFE Act (subtitle C of title XXXV of
Public Law 116-92) shall have the meaning given such term in
that Act.
SEC. 3522. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME
INDUSTRY IN NATIONAL SECURITY.
It is the sense of Congress that--
(1) United States coastwise trade laws promote a
strong domestic trade maritime industry, which supports
the national security and economic vitality of the
United States and the efficient operation of the United
States transportation system; and
(2) a strong commercial maritime industry makes the
United States more secure.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-Based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of a
dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may be
transferred or reprogrammed under a transfer or reprogramming
authority provided by another provision of this Act or by other
law. The transfer or reprogramming of an amount specified in
such funding tables shall not count against a ceiling on such
transfers or reprogrammings under section 1001 or section 1512
of this Act or any other provision of law, unless such transfer
or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 FUTURE UAS FAMILY.... 1,100 1,100
004 RQ-11 (RAVEN)........ 20,851 20,851
ROTARY
007 AH-64 APACHE BLOCK 792,027 792,027
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,460 169,460
IIIA REMAN AP.
011 UH-60 BLACKHAWK M 742,998 725,298
MODEL (MYP).
Unjustified costs [-17,700]
012 UH-60 BLACKHAWK M 87,427 87,427
MODEL (MYP) AP.
013 UH-60 BLACK HAWK L 172,797 172,797
AND V MODELS.
014 CH-47 HELICOPTER..... 160,750 296,750
Program increase-- [136,000]
F Block II.
015 CH-47 HELICOPTER AP.. 18,372 47,372
Program increase-- [29,000]
F Block II.
MODIFICATION OF
AIRCRAFT
018 UNIVERSAL GROUND 7,509 7,509
CONTROL EQUIPMENT
(UAS).
019 GRAY EAGLE MODS2..... 16,280 16,280
020 MULTI SENSOR ABN 35,864 35,864
RECON (MIP).
021 AH-64 MODS........... 118,316 110,576
Sensors cost [-7,740]
growth.
022 CH-47 CARGO 15,548 15,548
HELICOPTER MODS
(MYP).
023 GRCS SEMA MODS (MIP). 2,947 2,947
024 ARL SEMA MODS (MIP).. 9,598 9,598
025 EMARSS SEMA MODS 2,452 2,452
(MIP).
026 UTILITY/CARGO 13,868 13,868
AIRPLANE MODS.
027 UTILITY HELICOPTER 25,842 31,342
MODS.
Program increase. [5,500]
028 NETWORK AND MISSION 77,432 77,432
PLAN.
029 COMMS, NAV 101,355 101,355
SURVEILLANCE.
031 AVIATION ASSURED PNT. 54,609 54,609
032 GATM ROLLUP.......... 12,180 12,180
034 UAS MODS............. 4,204 4,204
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 49,455 49,455
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,035 8,035
037 CMWS................. 10,567 10,567
038 COMMON INFRARED 237,467 237,467
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
UNDISTRIBUTED
039 AVIONICS SUPPORT 1,789 1,789
EQUIPMENT.
040 COMMON GROUND 17,584 17,584
EQUIPMENT.
041 AIRCREW INTEGRATED 48,265 48,265
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 26,408 26,408
044 LAUNCHER, 2.75 ROCKET 2,256 2,256
045 LAUNCHER GUIDED 8,982 8,982
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,074,594 3,219,654
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 378,654 374,587
Production costs [-4,067]
previously funded.
003 MSE MISSILE.......... 603,188 603,188
004 PRECISION STRIKE 49,941 49,941
MISSILE (PRSM).
005 INDIRECT FIRE 106,261 65,469
PROTECTION
CAPABILITY INC 2-I.
Army identified [-40,792]
funds excess to
need.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 91,225 91,225
007 JOINT AIR-TO-GROUND 213,397 213,397
MSLS (JAGM).
008 LONG RANGE PRECISION 45,307 45,307
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
009 JAVELIN (AAWS-M) 190,325 190,325
SYSTEM SUMMARY.
010 TOW 2 SYSTEM SUMMARY. 121,074 121,074
011 GUIDED MLRS ROCKET 850,157 845,157
(GMLRS).
Excess tooling [-5,000]
request.
012 MLRS REDUCED RANGE 30,836 30,836
PRACTICE ROCKETS
(RRPR).
013 HIGH MOBILITY 41,226 51,226
ARTILLERY ROCKET
SYSTEM (HIMARS).
Army requested [10,000]
transfer from
OM,A line 121.
FICATIONS
016 PATRIOT MODS......... 278,050 278,050
017 ATACMS MODS.......... 141,690 141,690
020 AVENGER MODS......... 13,942 13,942
021 ITAS/TOW MODS........ 5,666 5,666
022 MLRS MODS............ 310,419 310,419
023 HIMARS MODIFICATIONS. 6,081 6,081
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 5,090 5,090
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
025 AIR DEFENSE TARGETS.. 8,978 8,978
TOTAL MISSILE 3,491,507 3,451,648
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 192,971 139,254
VEHICLE (AMPV).
Forward financing [-53,717]
of vehicle
manufacturing.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 847,212 1,168,212
CROWS-J program [-39,160]
delay.
Program increase-- [375,000]
Army UPL.
Unit cost growth. [-14,840]
005 BRADLEY PROGRAM (MOD) 493,109 435,759
Prior year carry- [-17,350]
over.
UBIS early to [-40,000]
need.
006 M109 FOV 26,893 26,893
MODIFICATIONS.
007 PALADIN INTEGRATED 435,825 435,825
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,074 5,074
010 ASSAULT BREACHER 19,500 19,500
VEHICLE.
011 M88 FOV MODS......... 18,382 18,382
012 JOINT ASSAULT BRIDGE. 72,178 19,247
Program delay.... [-52,931]
013 M1 ABRAMS TANK (MOD). 392,013 392,013
014 ABRAMS UPGRADE 1,033,253 1,020,396
PROGRAM.
Component cost [-3,480]
savings.
Prior year carry- [-9,377]
over.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 17,864 17,864
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,288 10,288
019 XM320 GRENADE 5,969 5,969
LAUNCHER MODULE
(GLM).
020 PRECISION SNIPER 10,137 10,137
RIFLE.
021 COMPACT SEMI- 999 999
AUTOMATIC SNIPER
SYSTEM.
022 CARBINE.............. 7,411 7,411
023 NEXT GENERATION SQUAD 35,822 35,822
WEAPON.
024 COMMON REMOTELY 24,534 24,534
OPERATED WEAPONS
STATION.
025 HANDGUN.............. 4,662 4,662
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 MK-19 GRENADE MACHINE 6,444 6,444
GUN MODS.
027 M777 MODS............ 10,983 10,983
028 M4 CARBINE MODS...... 4,824 4,824
031 M240 MEDIUM MACHINE 6,385 6,385
GUN MODS.
032 SNIPER RIFLES 1,898 1,898
MODIFICATIONS.
033 M119 MODIFICATIONS... 2,009 2,009
034 MORTAR MODIFICATION.. 1,689 1,689
035 MODIFICATIONS LESS 2,604 2,604
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
036 ITEMS LESS THAN $5.0M 2,763 2,763
(WOCV-WTCV).
037 PRODUCTION BASE 3,045 3,045
SUPPORT (WOCV-WTCV).
TOTAL 3,696,740 3,840,885
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,472 65,659
TYPES.
E95700 unit cost [-2,813]
growth.
002 CTG, 7.62MM, ALL 109,933 109,933
TYPES.
003 NEXT GENERATION SQUAD 11,988 11,988
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 853 853
TYPES.
005 CTG, .50 CAL, ALL 58,280 58,280
TYPES.
006 CTG, 20MM, ALL TYPES. 31,708 31,708
007 CTG, 25MM, ALL TYPES. 9,111 9,111
008 CTG, 30MM, ALL TYPES. 58,172 58,172
009 CTG, 40MM, ALL TYPES. 114,638 114,638
MORTAR AMMUNITION
010 60MM MORTAR, ALL 31,222 31,222
TYPES.
011 81MM MORTAR, ALL 42,857 42,857
TYPES.
012 120MM MORTAR, ALL 107,762 107,762
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 233,444 232,226
105MM AND 120MM, ALL
TYPES.
E73201 excess [-1,218]
cost growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 35,963 35,963
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 293,692 291,292
155MM, ALL TYPES.
Program delays... [-2,400]
016 PROJ 155MM EXTENDED 69,159 64,909
RANGE M982.
E80103 unit cost [-4,250]
growth.
017 ARTILLERY 232,913 232,913
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 65,278 62,778
CHARGES, ALL TYPES.
Program decrease. [-2,500]
019 CLOSE TERRAIN SHAPING 4,995 4,995
OBSTACLE.
ROCKETS
020 SHOULDER LAUNCHED 69,112 69,112
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 125,915 125,915
TYPES.
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 8,891 8,891
023 DEMOLITION MUNITIONS, 54,043 54,043
ALL TYPES.
024 GRENADES, ALL TYPES.. 28,931 28,931
025 SIGNALS, ALL TYPES... 27,036 27,036
026 SIMULATORS, ALL TYPES 10,253 10,253
MISCELLANEOUS
027 AMMO COMPONENTS, ALL 3,476 3,476
TYPES.
029 ITEMS LESS THAN $5 10,569 10,569
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,338 12,338
EQUIPMENT.
031 FIRST DESTINATION 15,908 15,908
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
UNDISTRIBUTED
033 INDUSTRIAL FACILITIES 592,224 696,724
Program increase. [104,500]
034 CONVENTIONAL 235,112 235,112
MUNITIONS
DEMILITARIZATION.
035 ARMS INITIATIVE...... 3,369 3,369
TOTAL 2,777,716 2,869,035
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,986 9,653
DOLLY SETS.
Prior year [-3,333]
carryover.
002 SEMITRAILERS, 31,443 31,443
FLATBED:.
003 SEMITRAILERS, TANKERS 17,082 17,082
004 HI MOB MULTI-PURP 44,795 44,795
WHLD VEH (HMMWV).
005 GROUND MOBILITY 37,932 37,932
VEHICLES (GMV).
008 JOINT LIGHT TACTICAL 894,414 894,414
VEHICLE FAMILY OF
VEHICL.
009 TRUCK, DUMP, 20T 29,368 29,368
(CCE).
010 FAMILY OF MEDIUM 95,092 95,092
TACTICAL VEH (FMTV).
011 FAMILY OF COLD 999 999
WEATHER ALL-TERRAIN
VEHICLE (C.
012 FIRETRUCKS & 27,687 27,687
ASSOCIATED
FIREFIGHTING EQUIP.
014 PLS ESP.............. 21,969 21,969
015 HVY EXPANDED MOBILE 65,635 99,135
TACTICAL TRUCK EXT
SERV.
Program increase. [33,500]
016 HMMWV 5,927 5,927
RECAPITALIZATION
PROGRAM.
017 TACTICAL WHEELED 36,497 36,497
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 114,977 114,977
SVC EQUIP.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,246 1,246
VEHICLES.
021 NONTACTICAL VEHICLES, 19,870 4,968
OTHER.
Excess carryover. [-14,902]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 160,469 151,179
PROGRAM.
Unit cost growth. [-9,290]
023 TACTICAL NETWORK 360,379 347,782
TECHNOLOGY MOD IN
SVC.
Program delays... [-5,380]
Unit cost growth. [-7,217]
024 SITUATION INFORMATION 63,396 63,396
TRANSPORT.
026 JCSE EQUIPMENT 5,170 5,170
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 101,498 101,498
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 72,450 69,750
TACTICAL COMMAND
COMMUNICATIONS.
AFRICOM force [1,000]
protection
upgrades.
Program delays... [-3,700]
031 SHF TERM............. 13,173 13,173
032 ASSURED POSITIONING, 134,928 134,928
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 8,611 8,611
034 GLOBAL BRDCST SVC-- 8,191 8,191
GBS.
COMM--C3 SYSTEM
036 COE TACTICAL SERVER 94,871 92,119
INFRASTRUCTURE (TSI).
Contract [-2,752]
management growth.
COMM--COMBAT
COMMUNICATIONS
037 HANDHELD MANPACK 550,848 552,348
SMALL FORM FIT (HMS).
AFRICOM force [1,500]
protection
upgrades.
038 RADIO TERMINAL SET, 8,237 8,237
MIDS LVT(2).
041 SPIDER FAMILY OF 13,967 0
NETWORKED MUNITIONS
INCR.
Program [-13,967]
cancellation.
043 UNIFIED COMMAND SUITE 19,579 19,579
044 COTS COMMUNICATIONS 94,156 94,156
EQUIPMENT.
045 FAMILY OF MED COMM 18,313 18,313
FOR COMBAT CASUALTY
CARE.
046 ARMY COMMUNICATIONS & 51,480 51,480
ELECTRONICS.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 13,146 13,146
ARCHITECTURE (MIP).
049 DEFENSE MILITARY 5,624 5,624
DECEPTION INITIATIVE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 4,596 4,596
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 159,272 159,272
SECURITY (COMSEC).
053 DEFENSIVE CYBER 54,753 42,753
OPERATIONS.
Army requested [-12,000]
transfer to RDTE
army line 267 for
program
management.
054 INSIDER THREAT 1,760 1,760
PROGRAM--UNIT
ACTIVITY MONITO.
056 ITEMS LESS THAN $5M 260 260
(INFO SECURITY).
COMM--LONG HAUL
COMMUNICATIONS
057 BASE SUPPORT 29,761 30,761
COMMUNICATIONS.
AFRICOM UFR force [1,000]
protection
upgrades.
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 147,696 147,696
059 EMERGENCY MANAGEMENT 4,900 0
MODERNIZATION
PROGRAM.
Excess carryover. [-4,900]
060 HOME STATION MISSION 15,227 15,227
COMMAND CENTERS
(HSMCC).
061 JOINT INFORMATION 3,177 3,177
ENVIRONMENT (JIE).
062 INSTALLATION INFO 300,035 280,035
INFRASTRUCTURE MOD
PROGRAM.
Unjustified [-20,000]
growth.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M (MIP)..... 5,304 5,304
066 TERRESTRIAL LAYER 8,081 8,081
SYSTEMS (TLS) (MIP).
068 DCGS-A (MIP)......... 151,886 151,886
070 TROJAN (MIP)......... 17,593 17,593
071 MOD OF IN-SVC EQUIP 28,558 28,558
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 999 999
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 5,332 5,332
MORTAR RADAR.
076 EW PLANNING & 7,849 7,849
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV) 8,160 8,160
(MIP).
079 MULTI-FUNCTION 8,669 8,669
ELECTRONIC WARFARE
(MFEW) SYST.
082 CI MODERNIZATION 300 300
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 58,884 58,884
084 NIGHT VISION DEVICES. 1,127,375 897,375
IVAS reduction... [-230,000]
086 SMALL TACTICAL 13,954 13,954
OPTICAL RIFLE
MOUNTED MLRF.
088 INDIRECT FIRE 10,069 14,069
PROTECTION FAMILY OF
SYSTEMS.
AFRICOM UFR force [4,000]
protection
upgrades.
089 FAMILY OF WEAPON 133,590 115,090
SIGHTS (FWS).
Program decrease. [-18,500]
091 JOINT BATTLE COMMAND-- 243,850 243,850
PLATFORM (JBC-P).
092 JOINT EFFECTS 69,641 50,541
TARGETING SYSTEM
(JETS).
Early to need.... [-19,100]
094 COMPUTER BALLISTICS: 7,509 7,509
LHMBC XM32.
095 MORTAR FIRE CONTROL 3,800 3,800
SYSTEM.
096 MORTAR FIRE CONTROL 7,292 7,292
SYSTEMS
MODIFICATIONS.
097 COUNTERFIRE RADARS... 72,421 71,421
Excess to need... [-1,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
098 ARMY COMMAND POST 49,947 49,947
INTEGRATED
INFRASTRUCTURE (.
099 FIRE SUPPORT C2 9,390 9,390
FAMILY.
100 AIR & MSL DEFENSE 47,374 47,374
PLANNING & CONTROL
SYS.
101 IAMD BATTLE COMMAND 201,587 198,587
SYSTEM.
Program reduction [-3,000]
102 LIFE CYCLE SOFTWARE 4,495 4,495
SUPPORT (LCSS).
103 NETWORK MANAGEMENT 18,651 18,651
INITIALIZATION AND
SERVICE.
105 GLOBAL COMBAT SUPPORT 2,792 2,792
SYSTEM-ARMY (GCSS-A).
106 INTEGRATED PERSONNEL 9,071 9,071
AND PAY SYSTEM-ARMY
(IPP.
107 RECONNAISSANCE AND 12,117 12,117
SURVEYING INSTRUMENT
SET.
108 MOD OF IN-SVC 3,004 5,004
EQUIPMENT (ENFIRE).
Program increase. [2,000]
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 14,574 14,574
MODERNIZATION.
110 AUTOMATED DATA 140,619 138,841
PROCESSING EQUIP.
AIE travel costs [-1,778]
excess.
111 GENERAL FUND 4,448 4,448
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 68,405 68,405
MOD PGM (HPCMP).
113 CONTRACT WRITING 8,459 8,459
SYSTEM.
114 CSS COMMUNICATIONS... 57,651 57,651
115 RESERVE COMPONENT 14,848 14,848
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
117 ITEMS LESS THAN $5M 4,995 4,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
119 BCT EMERGING 16,983 8,983
TECHNOLOGIES.
Program reduction [-8,000]
CLASSIFIED PROGRAMS
19A CLASSIFIED PROGRAMS.. 1,582 1,582
CHEMICAL DEFENSIVE
EQUIPMENT
123 CBRN DEFENSE......... 28,456 28,456
124 SMOKE & OBSCURANT 13,995 13,995
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 10,545 10,545
126 TACTICAL BRIDGE, 72,074 72,074
FLOAT-RIBBON.
127 BRIDGE SUPPLEMENTAL 32,493 32,493
SET.
128 COMMON BRIDGE 62,978 62,978
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
129 HANDHELD STANDOFF 5,570 5,570
MINEFIELD DETECTION
SYS-HST.
130 GRND STANDOFF MINE 2,497 2,497
DETECTN SYSM
(GSTAMIDS).
132 HUSKY MOUNTED 109,069 99,069
DETECTION SYSTEM
(HMDS).
Program reduction [-10,000]
134 EOD ROBOTICS SYSTEMS 36,584 36,584
RECAPITALIZATION.
135 ROBOTICS AND APPLIQUE 179,544 174,744
SYSTEMS.
SMET contract [-4,800]
delay.
137 RENDER SAFE SETS KITS 64,583 64,583
OUTFITS.
139 FAMILY OF BOATS AND 5,289 5,289
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 8,200 8,200
142 PERSONNEL RECOVERY 4,625 4,625
SUPPORT SYSTEM
(PRSS).
143 GROUND SOLDIER SYSTEM 154,937 149,937
Unit cost [-5,000]
discrepancies.
144 MOBILE SOLDIER POWER. 34,297 34,297
147 CARGO AERIAL DEL & 53,021 53,021
PERSONNEL PARACHUTE
SYSTEM.
148 FAMILY OF ENGR COMBAT 23,324 23,324
AND CONSTRUCTION
SETS.
149 ITEMS LESS THAN $5M 8,014 8,014
(ENG SPT).
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 78,448 78,250
PETROLEUM & WATER.
tank rack module [-198]
unit cost growth.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 59,485 64,485
MEDICAL.
Future Warfighter [5,000]
Shelter.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 40,337 40,337
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 5,386 5,386
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
154 GRADER, ROAD MTZD, 5,406 5,406
HVY, 6X4 (CCE).
155 SCRAPERS, EARTHMOVING 4,188 4,188
156 LOADERS.............. 4,521 4,521
157 HYDRAULIC EXCAVATOR.. 5,186 5,186
158 TRACTOR, FULL TRACKED 4,715 4,715
159 ALL TERRAIN CRANES... 70,560 70,560
162 CONST EQUIP ESP...... 8,925 8,925
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
164 ARMY WATERCRAFT ESP.. 40,910 40,910
165 MANEUVER SUPPORT 76,576 76,576
VESSEL (MSV).
166 ITEMS LESS THAN $5.0M 1,844 1,844
(FLOAT/RAIL).
GENERATORS
167 GENERATORS AND 53,433 53,433
ASSOCIATED EQUIP.
168 TACTICAL ELECTRIC 22,216 22,216
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING 90,580 90,580
CENTERS SUPPORT.
171 TRAINING DEVICES, 161,814 161,814
NONSYSTEM.
172 SYNTHETIC TRAINING 13,063 13,063
ENVIRONMENT (STE).
175 GAMING TECHNOLOGY IN 1,950 1,950
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
176 CALIBRATION SETS 2,511 2,511
EQUIPMENT.
177 INTEGRATED FAMILY OF 78,578 77,214
TEST EQUIPMENT
(IFTE).
ICE WATS [-1,364]
previously funded.
178 TEST EQUIPMENT 14,941 14,941
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,629 8,629
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 75,499 84,251
SYSTEMS (OPA3).
AFRICOM UFR force [12,000]
protection
upgrades.
Unjustified [-3,248]
request.
182 BASE LEVEL COMMON 27,444 27,444
EQUIPMENT.
183 MODIFICATION OF IN- 32,485 32,485
SVC EQUIPMENT (OPA-
3).
187 SPECIAL EQUIPMENT FOR 39,436 39,436
TEST AND EVALUATION.
OPA2
UNDISTRIBUTED
189 INITIAL SPARES--C&E.. 9,950 9,950
TOTAL OTHER 8,625,206 8,281,777
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,761,146 1,725,400
HORNET.
Ancillary [-13,367]
equipment excess
cost growth.
Contract award [-14,023]
savings.
Rec flyaway ECO [-8,356]
excess growth.
002 F/A-18E/F (FIGHTER) 28,100
HORNET AP.
FY22 aircraft.... [28,100]
003 JOINT STRIKE FIGHTER 2,181,780 2,371,897
CV.
Additional [200,000]
aircraft.
Lot 15 target [-9,883]
cost savings.
004 JOINT STRIKE FIGHTER 330,386 330,386
CV AP.
005 JSF STOVL............ 1,109,393 1,075,465
Unit cost [-33,928]
adjustment.
006 JSF STOVL AP......... 303,035 303,035
007 CH-53K (HEAVY LIFT).. 813,324 800,634
Force Design 2030 [-12,690]
realignment NRE
excess.
008 CH-53K (HEAVY LIFT) 201,188 201,188
AP.
009 V-22 (MEDIUM LIFT)... 934,793 1,121,949
CMV unit cost [-24,244]
adjustment.
Navy UPL......... [211,400]
010 V-22 (MEDIUM LIFT) AP 39,547 39,547
011 H-1 UPGRADES (UH-1Y/ 7,267 7,267
AH-1Z).
013 P-8A POSEIDON........ 80,134 1,420,034
Additional [1,420,000]
aircraft only for
the Navy Reserve.
Line shutdown [-80,100]
early to need.
015 E-2D ADV HAWKEYE..... 626,109 611,106
unjustified [-15,003]
growth peculiar
training
equipment.
016 E-2D ADV HAWKEYE AP.. 123,166 123,166
TRAINER AIRCRAFT
017 ADVANCED HELICOPTER 269,867 236,146
TRAINING SYSTEM.
Other ILS excess [-33,721]
growth.
OTHER AIRCRAFT
018 KC-130J.............. 380,984 375,558
Unit cost growth. [-5,426]
019 KC-130J AP........... 67,022 67,022
021 MQ-4 TRITON.......... 150,570 244,464
One additional [130,000]
aircraft.
Production line [-36,106]
preservation
costs excess to
need.
023 MQ-8 UAV............. 40,375 40,375
024 STUASL0 UAV.......... 30,930 30,930
026 VH-92A EXECUTIVE HELO 610,231 589,042
ECO price [-1,010]
adjustment.
Unit cost [-20,179]
adjustment.
MODIFICATION OF
AIRCRAFT
028 F-18 A-D UNIQUE...... 208,261 195,710
USMC AESA radar [-12,551]
excess unit cost
growth (OSIP 21-
00; ECP 583).
029 F-18E/F AND EA-18G 468,954 429,460
MODERNIZATION AND
SUSTAINM.
OSIP 11-10 [-14,723]
support excess
growth.
OSIP 11-10 unit [-15,787]
cost growth.
OSIP 11-10 [-8,984]
unstallation
equipment excess
growth.
030 AEA SYSTEMS.......... 21,061 21,061
031 AV-8 SERIES.......... 34,082 34,082
032 INFRARED SEARCH AND 158,055 127,695
TRACK (IRST).
Installation [-9,654]
equipment excess
growth.
Support equipment [-20,706]
excess growth.
033 ADVERSARY............ 42,946 42,946
034 F-18 SERIES.......... 379,351 379,351
035 H-53 SERIES.......... 74,771 74,771
036 MH-60 SERIES......... 131,584 136,584
Program increase-- [5,000]
Alternative low
frequency active
sonar for risk
reduction.
037 H-1 SERIES........... 185,140 152,562
APR-39D(V)2 kits [-6,720]
early to need.
ECS thermal kits [-1,245]
previously funded.
FMV Phase 2.0 [-2,440]
kits previously
funded.
Installation [-4,379]
equipment NRE
excess growth.
Installation [-4,317]
equipment NRE
unjustified
request.
Other support [-5,256]
excess growth.
Rotor brake [-5,500]
system kits
previously funded.
Target sight [-2,721]
system block
upgrade unit cost
growth.
038 EP-3 SERIES.......... 26,602 26,602
040 E-2 SERIES........... 175,540 175,540
041 TRAINER A/C SERIES... 7,085 7,085
042 C-2A................. 9,525 9,525
043 C-130 SERIES......... 141,705 124,653
GFE excess growth [-8,509]
Installation [-1,802]
excess growth.
JAGM A kit [-6,741]
procurement and
installation
early to need.
044 FEWSG................ 684 684
045 CARGO/TRANSPORT A/C 8,911 8,911
SERIES.
046 E-6 SERIES........... 197,206 197,206
047 EXECUTIVE HELICOPTERS 29,086 29,086
SERIES.
049 T-45 SERIES.......... 155,745 155,745
050 POWER PLANT CHANGES.. 24,633 24,633
051 JPATS SERIES......... 22,682 22,682
052 AVIATION LIFE SUPPORT 40,401 45,401
MODS.
Aviation body [5,000]
armor vest.
053 COMMON ECM EQUIPMENT. 138,480 134,370
H-1 kit cost [-2,091]
growth (OSIP 014-
90).
MV-22 kit cost [-2,019]
growth (OSIP 014-
90).
054 COMMON AVIONICS 143,322 143,322
CHANGES.
055 COMMON DEFENSIVE 2,142 2,142
WEAPON SYSTEM.
056 ID SYSTEMS........... 35,999 35,999
057 P-8 SERIES........... 180,530 172,821
Increment 3 [-7,709]
aircrew trainers
previously funded.
058 MAGTF EW FOR AVIATION 27,794 27,794
059 MQ-8 SERIES.......... 28,774 28,774
060 V-22 (TILT/ROTOR 334,405 334,405
ACFT) OSPREY.
061 NEXT GENERATION 176,638 176,638
JAMMER (NGJ).
062 F-35 STOVL SERIES.... 153,588 146,388
Block IV/TR3 [-7,200]
upgrade delays.
063 F-35 CV SERIES....... 105,452 99,552
Block IV/TR3 [-5,900]
upgrade delays.
064 QRC.................. 126,618 126,618
065 MQ-4 SERIES.......... 12,998 9,969
Operating base [-3,029]
installation
early to need.
066 RQ-21 SERIES......... 18,550 14,725
SURFR payload [-3,825]
suite unit cost
growth.
AIRCRAFT SPARES AND
REPAIR PARTS
070 SPARES AND REPAIR 2,198,460 2,088,679
PARTS.
Additional F-35B/ [30,000]
C spares.
CH-53K spares [-25,984]
excess growth.
E-2D AHE spares [-14,773]
excess growth.
Spares for [-47,555]
modifications
excess growth.
Spares for repair [-15,300]
of repairables
excess growth.
VH-92 spares [-36,169]
excess growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
UNDISTRIBUTED
071 COMMON GROUND 543,559 543,559
EQUIPMENT.
072 AIRCRAFT INDUSTRIAL 75,685 75,685
FACILITIES.
073 WAR CONSUMABLES...... 40,633 40,633
074 OTHER PRODUCTION 21,194 21,194
CHARGES.
075 SPECIAL SUPPORT 155,179 155,179
EQUIPMENT.
076 FIRST DESTINATION 2,121 2,121
TRANSPORTATION.
TOTAL AIRCRAFT 17,127,378 18,545,253
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,173,837 1,173,837
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,275 7,275
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 277,694 247,874
Contract award [-26,040]
delay.
Unit cost [-3,780]
carryover.
TACTICAL MISSILES
004 AMRAAM............... 326,952 326,952
005 SIDEWINDER........... 126,485 126,485
007 STANDARD MISSILE..... 456,206 406,206
Transition to [-50,000]
production
request
unjustified.
008 STANDARD MISSILE AP.. 66,716 66,716
009 SMALL DIAMETER BOMB 78,867 74,267
II.
Contract award [-4,600]
delay.
010 RAM.................. 90,533 90,533
011 JOINT AIR GROUND 49,386 49,386
MISSILE (JAGM).
014 AERIAL TARGETS....... 174,336 171,408
EM443 hardware [-2,375]
procurements/
modifications
excess growth.
EM702 ground [-553]
equipment
previously funded.
015 DRONES AND DECOYS.... 41,256 19,956
MALD concurrency. [-21,300]
016 OTHER MISSILE SUPPORT 3,501 3,501
017 LRASM................ 168,845 168,845
018 LCS OTH MISSILE...... 32,910 32,910
MODIFICATION OF
MISSILES
019 TOMAHAWK MODS........ 164,915 161,308
MST kits excess [-3,607]
cost growth.
020 ESSM................. 215,375 212,637
Excessive [-2,738]
production
support growth.
022 HARM MODS............ 147,572 122,649
AARGM AUR [-7,060]
installation kits
excess cost
growth.
AARGM ER [-16,657]
installation kits
excess cost.
AARGM ER long [-1,206]
lead compontents
unjustified
request.
023 STANDARD MISSILES 83,654 74,654
MODS.
SM-2 BLK IIIAZ [-4,900]
Modification unit
cost growth.
Unjustified DMS [-4,100]
request.
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,996 1,996
FACILITIES.
025 FLEET SATELLITE COMM 53,401 53,401
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 215,659 215,659
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,811 5,811
029 MK-48 TORPEDO........ 284,901 284,901
030 ASW TARGETS.......... 13,833 13,833
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 110,286 103,441
HAAWC kits early [-6,845]
to need.
032 MK-48 TORPEDO ADCAP 57,214 57,214
MODS.
033 MARITIME MINES....... 5,832 5,832
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 97,581 97,581
EQUIPMENT.
035 ASW RANGE SUPPORT.... 4,159 4,159
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 4,106 4,106
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 16,030 16,030
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 37,147 37,147
039 COAST GUARD WEAPONS.. 45,804 45,804
040 GUN MOUNT MODS....... 74,427 74,427
041 LCS MODULE WEAPONS... 4,253 4,253
042 AIRBORNE MINE 6,662 6,662
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR 159,578 159,578
PARTS.
TOTAL WEAPONS 4,884,995 4,729,234
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 41,496 41,496
002 JDAM................. 64,631 64,631
003 AIRBORNE ROCKETS, ALL 60,719 60,719
TYPES.
004 MACHINE GUN 11,158 11,158
AMMUNITION.
005 PRACTICE BOMBS....... 51,409 51,409
006 CARTRIDGES & CART 64,694 64,694
ACTUATED DEVICES.
007 AIR EXPENDABLE 51,523 51,523
COUNTERMEASURES.
008 JATOS................ 6,761 6,761
009 5 INCH/54 GUN 31,517 29,474
AMMUNITION.
MK 187 mod 0 [-2,043]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 38,005 36,138
GUN AMMUNITION.
BA23 contract [-1,867]
award delay.
011 OTHER SHIP GUN 40,626 40,626
AMMUNITION.
012 SMALL ARMS & LANDING 48,202 48,202
PARTY AMMO.
013 PYROTECHNIC AND 9,766 9,766
DEMOLITION.
015 AMMUNITION LESS THAN 2,115 2,115
$5 MILLION.
MARINE CORPS
AMMUNITION
UNDISTRIBUTED
016 MORTARS.............. 46,781 46,781
017 DIRECT SUPPORT 119,504 79,662
MUNITIONS.
USMC identified [-39,842]
funds excess to
need.
018 INFANTRY WEAPONS 83,220 73,901
AMMUNITION.
A059 unit cost [-8,195]
growth.
A940 LAP contract [-79]
price savings.
AB57 unit cost [-1,045]
growth.
019 COMBAT SUPPORT 32,650 32,650
MUNITIONS.
020 AMMO MODERNIZATION... 15,144 15,144
021 ARTILLERY MUNITIONS.. 59,539 59,539
022 ITEMS LESS THAN $5 4,142 4,142
MILLION.
TOTAL 883,602 830,531
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 2,891,475 2,891,475
SUBMARINE.
002 OHIO REPLACEMENT 1,123,175 1,253,175
SUBMARINE AP.
Submarine [130,000]
supplier
stability.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 997,544 907,544
PROGRAM.
Full funding [-90,000]
early to need.
004 CVN-81............... 1,645,606 1,606,432
Full funding [-39,174]
early to need.
005 VIRGINIA CLASS 2,334,693 4,620,471
SUBMARINE.
Restore second [2,296,000]
Virginia-class
SSN.
Unjustified cost [-10,222]
growth.
006 VIRGINIA CLASS 1,901,187 2,173,187
SUBMARINE.
Restore second [272,000]
Virginia-class
SSN.
007 CVN REFUELING 1,878,453 1,878,453
OVERHAULS.
008 CVN REFUELING 17,384 17,384
OVERHAULS AP.
009 DDG 1000............. 78,205 78,205
010 DDG-51............... 3,040,270 3,010,270
Available prior- [-30,000]
year funds.
011 DDG-51 AP............ 29,297 334,297
LLTM for FY22 DDG- [130,000]
51s.
Surface ship [175,000]
supplier
stability.
013 FFG-FRIGATE.......... 1,053,123 1,053,123
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........ 1,155,801 1,125,801
Excessive unit [-28,000]
cost growth.
Transfer to Line [-2,000]
15.
015 LPD FLIGHT II AP..... 2,000
Transfer from [2,000]
Line 14 for LPD-
32 and LPD-33.
017 LHA REPLACEMENT...... 500,000
LHA-9 program [500,000]
increase.
019 EXPEDITIONARY FAST 260,000
TRANSPORT (EPF).
One additional [260,000]
ship.
UNDISTRIBUTED
022 TOWING, SALVAGE, AND 168,209 168,209
RESCUE SHIP (ATS).
023 LCU 1700............. 87,395 87,395
024 OUTFITTING........... 825,586 766,334
Unjustified cost [-59,252]
growth.
026 SERVICE CRAFT........ 249,781 249,781
027 LCAC SLEP............ 56,461 56,461
028 COMPLETION OF PY 369,112 369,112
SHIPBUILDING
PROGRAMS.
TOTAL 19,902,757 23,409,109
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 11,738 11,738
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 58,497 54,810
HM&E.
HM&E condition [-3,687]
system
unjustified
growth.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 74,084 74,084
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 204,806 204,806
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 547,569 512,155
Installation [-35,414]
excess unit cost
growth.
006 FIREFIGHTING 18,394 18,394
EQUIPMENT.
007 COMMAND AND CONTROL 2,374 2,374
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 78,265 78,265
009 POLLUTION CONTROL 23,035 23,035
EQUIPMENT.
010 SUBMARINE SUPPORT 64,632 64,632
EQUIPMENT.
011 VIRGINIA CLASS 22,868 22,868
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 3,976 3,976
EQUIPMENT.
013 SUBMARINE BATTERIES.. 31,322 31,322
014 LPD CLASS SUPPORT 50,475 55,475
EQUIPMENT.
Electronic [5,000]
actuator pilot
program.
015 DDG 1000 CLASS 42,279 36,779
SUPPORT EQUIPMENT.
Excess cost [-5,500]
growth.
016 STRATEGIC PLATFORM 15,429 15,429
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,918 2,918
018 CG MODERNIZATION..... 87,978 87,978
019 LCAC................. 9,366 9,366
020 UNDERWATER EOD 16,842 16,842
EQUIPMENT.
021 ITEMS LESS THAN $5 105,715 105,715
MILLION.
022 CHEMICAL WARFARE 3,044 3,044
DETECTORS.
023 SUBMARINE LIFE 5,885 5,885
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 SHIP MAINTENANCE, 1,260,721 1,248,621
REPAIR AND
MODERNIZATION.
LCS in-service [-12,100]
modernization
excess cost
growth.
025 REACTOR POWER UNITS.. 5,305 5,305
026 REACTOR COMPONENTS... 415,404 415,404
OCEAN ENGINEERING
027 DIVING AND SALVAGE 11,143 11,143
EQUIPMENT.
SMALL BOATS
028 STANDARD BOATS....... 52,371 52,371
PRODUCTION FACILITIES
EQUIPMENT
029 OPERATING FORCES IPE. 233,667 233,667
OTHER SHIP SUPPORT
030 LCS COMMON MISSION 39,714 39,714
MODULES EQUIPMENT.
031 LCS MCM MISSION 218,822 187,608
MODULES.
Excess [-31,214]
procurement ahead
of satisfactory
testing.
032 LCS ASW MISSION 61,759 38,359
MODULES.
Excess [-23,400]
procurement ahead
of satisfactory
testing.
033 LCS SUW MISSION 24,412 24,412
MODULES.
034 LCS IN-SERVICE 121,848 121,848
MODERNIZATION.
035 SMALL & MEDIUM UUV... 67,709 37,609
SMCM UUV excess [-30,100]
procurement ahead
of satisfactory
testing.
SHIP SONARS
037 SPQ-9B RADAR......... 27,517 27,517
038 AN/SQQ-89 SURF ASW 128,664 128,664
COMBAT SYSTEM.
039 SSN ACOUSTIC 374,737 374,737
EQUIPMENT.
040 UNDERSEA WARFARE 9,286 9,286
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 26,066 26,066
WARFARE SYSTEM.
042 SSTD................. 13,241 13,241
043 FIXED SURVEILLANCE 193,446 193,446
SYSTEM.
044 SURTASS.............. 63,838 63,838
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 387,195 353,961
Early to need.... [-33,234]
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 235,744 227,337
Excess cost [-8,407]
growth.
047 AUTOMATED 3,862 3,862
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 26,006 26,006
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 15,385 15,385
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 103,835 103,835
051 NAVY COMMAND AND 3,594 3,594
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 15,744 15,744
REPLACEMENT.
053 SHALLOW WATER MCM.... 5,493 5,493
054 NAVSTAR GPS RECEIVERS 38,043 38,043
(SPACE).
055 AMERICAN FORCES RADIO 2,592 2,592
AND TV SERVICE.
056 STRATEGIC PLATFORM 7,985 7,985
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 83,475 83,475
058 AFLOAT ATC EQUIPMENT. 65,113 65,113
059 ID SYSTEMS........... 23,815 23,815
060 JOINT PRECISION 100,751 100,751
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 13,947 13,947
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 1,375 1,375
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 22,771 22,771
SYSTEMS.
064 DCGS-N............... 18,872 18,872
065 CANES................ 389,585 389,585
066 RADIAC............... 10,335 10,335
067 CANES-INTELL......... 48,654 48,654
068 GPETE................ 8,133 8,133
069 MASF................. 4,150 4,150
070 INTEG COMBAT SYSTEM 5,934 5,934
TEST FACILITY.
071 EMI CONTROL 4,334 4,334
INSTRUMENTATION.
072 ITEMS LESS THAN $5 159,815 154,572
MILLION.
NGSSR available [-5,243]
prior year funds.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 56,106 56,106
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 124,288 124,288
AUTOMATION.
075 COMMUNICATIONS ITEMS 45,120 45,120
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 31,133 31,133
SUPPORT.
077 SUBMARINE 62,214 62,214
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 47,421 47,421
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 64,552 64,552
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,398 4,398
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 157,551 157,551
PROGRAM (ISSP).
082 MIO INTEL 985 985
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 15,906 15,906
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
090 COAST GUARD EQUIPMENT 70,689 70,689
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 237,639 286,739
Program increase [49,100]
for sonobuoys.
AIRCRAFT SUPPORT
EQUIPMENT
093 MINOTAUR............. 5,077 5,077
094 WEAPONS RANGE SUPPORT 83,969 83,969
EQUIPMENT.
095 AIRCRAFT SUPPORT 187,758 187,758
EQUIPMENT.
096 ADVANCED ARRESTING 16,059 16,059
GEAR (AAG).
097 METEOROLOGICAL 15,192 15,192
EQUIPMENT.
099 LEGACY AIRBORNE MCM.. 6,674 6,674
100 LAMPS EQUIPMENT...... 1,189 1,189
101 AVIATION SUPPORT 58,873 58,873
EQUIPMENT.
102 UMCS-UNMAN CARRIER 60,937 50,970
AVIATION(UCA)MISSION
CNTRL.
ARC-210 radio [-3,073]
communication
system excess to
need.
MUOS capable [-3,019]
communication
system excess to
need.
MUOS capable [-2,038]
communication
system unit cost
growth.
Ship change [-1,837]
document excess
growth.
SHIP GUN SYSTEM
EQUIPMENT
103 SHIP GUN SYSTEMS 5,540 5,540
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 HARPOON SUPPORT 208 208
EQUIPMENT.
105 SHIP MISSILE SUPPORT 262,077 252,077
EQUIPMENT.
Excess cost [-10,000]
growth.
106 TOMAHAWK SUPPORT 84,087 80,482
EQUIPMENT.
TMPC cost growth. [-3,605]
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE 258,910 258,910
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL 173,770 173,770
SYSTEMS.
109 ASW SUPPORT EQUIPMENT 26,584 26,584
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 7,470 7,470
DISPOSAL EQUIP.
111 ITEMS LESS THAN $5 6,356 6,356
MILLION.
OTHER EXPENDABLE
ORDNANCE
112 ANTI-SHIP MISSILE 86,356 72,056
DECOY SYSTEM.
AOEW production [-10,800]
ramp.
AOEW production [-3,500]
support.
113 SUBMARINE TRAINING 69,240 69,240
DEVICE MODS.
114 SURFACE TRAINING 192,245 192,245
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 6,123 6,123
VEHICLES.
116 GENERAL PURPOSE 2,693 2,693
TRUCKS.
117 CONSTRUCTION & 47,301 47,301
MAINTENANCE EQUIP.
118 FIRE FIGHTING 10,352 10,352
EQUIPMENT.
119 TACTICAL VEHICLES.... 31,475 31,475
121 POLLUTION CONTROL 2,630 2,630
EQUIPMENT.
122 ITEMS LESS THAN $5 47,972 47,972
MILLION.
123 PHYSICAL SECURITY 1,171 1,171
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 19,693 19,693
125 FIRST DESTINATION 4,956 4,956
TRANSPORTATION.
126 SPECIAL PURPOSE 668,639 668,639
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 4,026 4,026
EQUIPMENT.
128 TRAINING AND 73,454 73,454
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 32,390 32,390
EQUIPMENT.
130 MEDICAL SUPPORT 974 974
EQUIPMENT.
132 NAVAL MIP SUPPORT 5,606 5,606
EQUIPMENT.
133 OPERATING FORCES 16,024 16,024
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,697 6,697
135 ENVIRONMENTAL SUPPORT 27,503 27,503
EQUIPMENT.
136 PHYSICAL SECURITY 138,281 138,281
EQUIPMENT.
137 ENTERPRISE 42,680 42,680
INFORMATION
TECHNOLOGY.
OTHER
140 NEXT GENERATION 184,443 184,443
ENTERPRISE SERVICE.
141 CYBERSPACE ACTIVITIES 16,523 16,523
CLASSIFIED PROGRAMS
41A CLASSIFIED PROGRAMS.. 18,446 18,446
SPARES AND REPAIR
PARTS
142 SPARES AND REPAIR 374,195 374,195
PARTS.
TOTAL OTHER 10,948,518 10,776,447
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 87,476 87,476
002 AMPHIBIOUS COMBAT 478,874 456,328
VEHICLE FAMILY OF
VEHICLES.
ILS excess growth [-2,074]
Peculiar training [-2,550]
equipment and
simulators
previously funded.
Production [-1,713]
support
previously funded.
Surface vehicle [-7,347]
cost prior year
carryover.
System [-8,862]
engineering
program
management
previously funded.
003 LAV PIP.............. 41,988 41,988
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 59 59
TOWED HOWITZER.
005 ARTILLERY WEAPONS 174,687 112,187
SYSTEM.
Missiles excess [-62,500]
to need.
006 WEAPONS AND COMBAT 24,867 23,957
VEHICLES UNDER $5
MILLION.
RHGPK production [-910]
units previously
funded and cost
growth.
OTHER SUPPORT
007 MODIFICATION KITS.... 3,067 0
USMC funds [-3,067]
identified excess
to need.
GUIDED MISSILES
008 GROUND BASED AIR 18,920 18,920
DEFENSE.
009 ANTI-ARMOR MISSILE- 19,888 19,888
JAVELIN.
010 FAMILY ANTI-ARMOR 21,891 21,891
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 34,985 34,985
TOW.
012 GUIDED MLRS ROCKET 133,689 133,689
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 35,057 35,057
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 24,405 24,405
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 1,006 1,006
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 69,725 69,725
MILLION (COMM &
ELEC).
017 AIR OPERATIONS C2 15,611 15,611
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 284,283 284,283
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,587 1,587
021 FIRE SUPPORT SYSTEM.. 24,934 24,934
022 INTELLIGENCE SUPPORT 50,728 50,728
EQUIPMENT.
024 UNMANNED AIR SYSTEMS 24,853 24,853
(INTEL).
025 DCGS-MC.............. 38,260 38,260
026 UAS PAYLOADS......... 5,489 5,489
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 78,922 76,411
ENTERPRISE NETWORK
(NGEN).
Network equipment [-2,511]
tech refresh
previously funded.
030 COMMON COMPUTER 35,349 35,349
RESOURCES.
031 COMMAND POST SYSTEMS. 33,713 33,713
032 RADIO SYSTEMS........ 343,250 340,350
Program decrease. [-2,900]
033 COMM SWITCHING & 40,627 40,627
CONTROL SYSTEMS.
034 COMM & ELEC 43,782 43,782
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 53,896 53,896
CLASSIFIED PROGRAMS
36A CLASSIFIED PROGRAMS.. 3,797 3,797
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 22,460 22,460
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 10,739 10,739
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 381,675 381,675
VEHICLE.
040 FAMILY OF TACTICAL 2,963 2,963
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 385 385
EQUIP ASSORT.
043 TACTICAL FUEL SYSTEMS 501 501
044 POWER EQUIPMENT 23,430 23,430
ASSORTED.
045 AMPHIBIOUS SUPPORT 5,752 5,752
EQUIPMENT.
046 EOD SYSTEMS.......... 20,939 20,939
MATERIALS HANDLING
EQUIPMENT
047 PHYSICAL SECURITY 23,063 23,063
EQUIPMENT.
GENERAL PROPERTY
048 FIELD MEDICAL 4,187 4,187
EQUIPMENT.
049 TRAINING DEVICES..... 101,765 101,765
050 FAMILY OF 19,305 19,305
CONSTRUCTION
EQUIPMENT.
051 ULTRA-LIGHT TACTICAL 678 678
VEHICLE (ULTV).
OTHER SUPPORT
052 ITEMS LESS THAN $5 9,174 9,174
MILLION.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
053 SPARES AND REPAIR 27,295 27,295
PARTS.
TOTAL 2,903,976 2,809,542
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,567,018 5,286,566
Additional 12 F- [976,667]
35As.
Excess [-156,000]
miscellaneous
support costs.
Unit cost [-101,119]
adjustment.
002 F-35 AP.............. 610,800 610,800
004 F-15EX............... 1,269,847 1,242,247
Airframe excess [-27,600]
to need.
005 F-15EX AP............ 133,500 133,500
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,850,151 2,707,799
Lot 7 funding [-142,352]
excess to NTE
ceiling.
OTHER AIRLIFT
008 C-130J............... 37,131 692,131
Additional [655,000]
aircraft.
010 MC-130J.............. 362,807 345,107
Air force [-17,700]
identified excess
to need.
011 MC-130J AP........... 39,987 30,000
FY22 quantity [-9,987]
reduction.
HELICOPTERS
012 UH-1N REPLACEMENT.... 194,016 194,016
013 COMBAT RESCUE 973,473 909,909
HELICOPTER.
Modernization/ [-63,564]
upgrades ahead of
need.
013A CV-22................ 206,220
SOCOM UPL........ [206,220]
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,811 11,200
Program increase. [8,389]
OTHER AIRCRAFT
016 TARGET DRONES........ 133,273 133,273
018 COMPASS CALL......... 161,117 161,117
020 MQ-9................. 29,409 108,000
Program increase. [108,000]
Shutdown costs [-29,409]
ahead of need.
STRATEGIC AIRCRAFT
022 B-1.................. 3,853 0
USAF-requested [-3,853]
transfer to RDAF
Line 174.
023 B-2A................. 31,476 31,476
024 B-1B................. 21,808 21,808
025 B-52................. 53,949 28,078
Bomber TDL [-2,000]
install funds
ahead of need.
GPS-IU funding [-23,871]
ahead of need.
026 LARGE AIRCRAFT 9,999 9,999
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
027 A-10................. 135,793 135,793
028 E-11 BACN/HAG........ 33,645 33,645
029 F-15................. 349,304 329,242
APG-82 common [-12,012]
configuration
excess to need.
MUOS ahead of [-8,050]
need.
030 F-16................. 615,760 587,892
Additional radars [25,000]
AIFF Mode 5--AF [-9,868]
requested
transfer to RDTE,
AF line 187.
Comm suite [-43,000]
upgrade excess to
need.
032 F-22A................ 387,905 361,705
Contract delays.. [-26,200]
033 F-35 MODIFICATIONS... 322,185 290,485
Block IV/TR3 [-31,700]
delays.
034 F-15 EPAW............ 31,995 27,195
Concurrency...... [-4,800]
035 INCREMENT 3.2B....... 5,889 5,889
036 KC-46A MDAP.......... 24,085 9,085
Excessive [-15,000]
airworthiness
directives and
service bulletins.
AIRLIFT AIRCRAFT
037 C-5.................. 62,108 50,279
Unjustified PMA [-11,829]
cost growth.
038 C-17A................ 66,798 44,798
BLOS ahead of [-22,000]
need.
040 C-32A................ 2,947 2,947
041 C-37A................ 12,985 5,985
SATCOM installs [-7,000]
ahead of need.
TRAINER AIRCRAFT
042 GLIDER MODS.......... 977 977
043 T-6.................. 26,829 26,829
044 T-1.................. 4,465 4,465
045 T-38................. 36,806 41,806
T-38 ejection [5,000]
seats.
OTHER AIRCRAFT
046 U-2 MODS............. 110,618 110,618
047 KC-10A (ATCA)........ 117 117
049 VC-25A MOD........... 1,983 1,983
050 C-40................. 9,252 7,252
SATCOM installs [-2,000]
ahead of need.
051 C-130................ 5,871 140,630
AMP 1 excess to [-3,841]
need.
Eight-bladed [55,000]
propeller upgrade
kits only.
Improved modular [4,600]
airborne fire
fighting system
(iMAFFS).
T-56 3.5 engine [79,000]
mod.
052 C-130J MODS.......... 140,032 140,032
053 C-135................ 88,250 86,450
Other government [-1,800]
cost growth.
055 COMPASS CALL......... 193,389 169,653
Baseline 3 [-8,706]
installation
delays.
Baseline 4 cost [-15,030]
discrepancies.
057 RC-135............... 191,332 191,332
058 E-3.................. 172,141 135,740
NATO AWACS-- [-36,401]
transfer to line
88.
059 E-4.................. 58,803 44,140
Funds rephased to [-14,663]
future fiscal
years.
060 E-8.................. 11,037 38,037
Program increase. [27,000]
061 AIRBORNE WARNING AND 53,343 53,343
CNTRL SYS (AWACS) 40/
45.
062 FAMILY OF BEYOND LINE- 1,573 1,573
OF-SIGHT TERMINALS.
063 H-1.................. 4,410 4,410
064 H-60................. 44,538 44,538
065 RQ-4 MODS............ 40,468 12,350
ASIP SW/HW [-2,000]
upgrades and
support forward
financed.
Unjustified mod [-26,118]
funding.
066 HC/MC-130 20,780 20,780
MODIFICATIONS.
067 OTHER AIRCRAFT....... 100,774 100,774
068 MQ-9 MODS............ 188,387 188,387
070 CV-22 MODS........... 122,306 122,306
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 926,683 919,347
PARTS.
F-15 EPAWSS [-6,036]
spares excess to
need.
F-35A initial [10,000]
spares increase.
Unobligated [-11,300]
balances--F-16s.
COMMON SUPPORT
EQUIPMENT
073 AIRCRAFT REPLACEMENT 132,719 132,719
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
074 B-2A................. 1,683 1,683
075 B-2B................. 46,734 46,734
076 B-52................. 1,034 1,034
079 E-11 BACN/HAG........ 63,419 63,419
080 F-15................. 2,632 2,632
081 F-16................. 14,163 14,163
083 OTHER AIRCRAFT....... 4,595 4,595
084 RQ-4 POST PRODUCTION 32,585 32,585
CHARGES.
INDUSTRIAL
PREPAREDNESS
085 INDUSTRIAL 18,215 18,215
RESPONSIVENESS.
WAR CONSUMABLES
086 WAR CONSUMABLES...... 36,046 36,046
OTHER PRODUCTION
CHARGES
087 OTHER PRODUCTION 1,439,640 1,551,041
CHARGES.
Classified [75,000]
increase.
NATO AWACS-- [36,401]
transfer from
line 58.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
89A CLASSIFIED PROGRAMS.. 21,692 21,692
TOTAL AIRCRAFT 17,908,145 19,282,613
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 75,012 75,012
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 4,495 4,495
CONSUMABLES.
004 JOINT AIR-SURFACE 475,949 475,949
STANDOFF MISSILE.
005 LRASM0............... 19,800 19,800
006 SIDEWINDER (AIM-9X).. 164,769 164,769
007 AMRAAM............... 453,223 451,923
AUR u/c growth... [-1,300]
008 PREDATOR HELLFIRE 40,129 40,129
MISSILE.
009 SMALL DIAMETER BOMB.. 45,475 45,475
010 SMALL DIAMETER BOMB 273,272 237,932
II.
Deliveries behind [-35,340]
schedule.
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 814 814
POL PREVENTION.
CLASS IV
013 ICBM FUZE MOD........ 3,458 3,458
014 ICBM FUZE MOD AP..... 43,450 43,450
015 MM III MODIFICATIONS. 85,310 81,137
Initial spares-- [-4,173]
AF requested
transfer to line
18.
016 AGM-65D MAVERICK..... 298 298
017 AIR LAUNCH CRUISE 52,924 52,924
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 9,402 13,575
(INITIAL).
Initial spares-- [4,173]
AF requested
transfer from
line 15.
019 MSL SPRS/REPAIR PARTS 84,671 84,671
(REPLEN).
SPECIAL PROGRAMS
025 SPECIAL UPDATE 23,501 23,501
PROGRAMS.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
25A CLASSIFIED PROGRAMS.. 540,465 540,465
TOTAL MISSILE 2,396,417 2,359,777
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 14,962 14,962
CARTRIDGES
002 CARTRIDGES........... 123,365 123,365
BOMBS
003 PRACTICE BOMBS....... 59,725 59,725
006 JOINT DIRECT ATTACK 206,989 206,989
MUNITION.
007 B61.................. 35,634 35,634
OTHER ITEMS
009 CAD/PAD.............. 47,830 47,830
010 EXPLOSIVE ORDNANCE 6,232 6,232
DISPOSAL (EOD).
011 SPARES AND REPAIR 542 542
PARTS.
012 MODIFICATIONS........ 1,310 1,310
013 ITEMS LESS THAN 4,753 4,753
$5,000,000.
FLARES
015 FLARES............... 40,088 40,088
FUZES
016 FUZES................ 40,983 38,901
C-HOBS ahead of [-2,082]
need.
SMALL ARMS
UNDISTRIBUTED
017 SMALL ARMS........... 13,925 13,925
TOTAL 596,338 594,256
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
001 ADVANCED EHF......... 14,823 14,823
002 AF SATELLITE COMM 48,326 48,326
SYSTEM.
003 COUNTERSPACE SYSTEMS. 65,540 49,155
Insufficient [-16,385]
justification.
004 FAMILY OF BEYOND LINE- 66,190 66,190
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,299 3,299
TECH--SPACE.
006 GPSIII FOLLOW ON..... 627,796 612,796
Unjustified [-15,000]
growth.
007 GPS III SPACE SEGMENT 20,122 20,122
008 GLOBAL POSTIONING 2,256 2,256
(SPACE).
009 SPACEBORNE EQUIP 35,495 35,495
(COMSEC).
010 MILSATCOM............ 15,795 15,795
011 SBIR HIGH (SPACE).... 160,891 160,891
012 SPECIAL SPACE 78,387 78,387
ACTIVITIES.
013 NATIONAL SECURITY 1,043,171 948,171
SPACE LAUNCH.
Launch services [-95,000]
unjustified
increase.
014 NUDET DETECTION 6,638 6,638
SYSTEM.
015 ROCKET SYSTEMS LAUNCH 47,741 47,741
PROGRAM.
016 SPACE FENCE.......... 11,279 11,279
017 SPACE MODS........... 96,551 88,706
Insufficient [-10,000]
justification.
Transfer from [2,155]
OP,AF line 22.
018 SPACELIFT RANGE 100,492 90,492
SYSTEM SPACE.
Underexecution... [-10,000]
SPARES
019 SPARES AND REPAIR 1,272 1,272
PARTS.
TOTAL 2,446,064 2,301,834
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 9,016 9,016
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 15,058 15,058
VEHICLE.
003 CAP VEHICLES......... 1,059 1,800
Program increase. [741]
004 CARGO AND UTILITY 38,920 38,920
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 30,544 30,544
VEHICLE.
006 SECURITY AND TACTICAL 319 319
VEHICLES.
007 SPECIAL PURPOSE 43,157 43,157
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 8,621 8,621
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,897 12,897
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,577 3,577
CLEANING EQU.
011 BASE MAINTENANCE 43,095 43,095
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 54,864 54,864
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 9,283 10,783
TECH & ARCHITECTURES.
PDI: Mission [1,500]
Partner
Environment BICES-
X local upgrades.
015 INTELLIGENCE TRAINING 6,849 6,849
EQUIPMENT.
016 INTELLIGENCE COMM 33,471 30,191
EQUIPMENT.
IMAD acquisition [-3,280]
materials.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 29,409 29,409
LANDING SYS.
018 BATTLE CONTROL 7,909 7,909
SYSTEM--FIXED.
019 THEATER AIR CONTROL 32,632 32,632
SYS IMPROVEMEN.
020 WEATHER OBSERVATION 33,021 33,021
FORECAST.
021 STRATEGIC COMMAND AND 31,353 31,353
CONTROL.
022 CHEYENNE MOUNTAIN 10,314 8,199
COMPLEX.
Transfer to P,SF [-2,115]
line 17.
023 MISSION PLANNING 15,132 15,132
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,806 9,806
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 39,887 39,887
TECHNOLOGY.
027 AF GLOBAL COMMAND & 2,602 2,602
CONTROL SYS.
029 MOBILITY COMMAND AND 10,541 10,541
CONTROL.
030 AIR FORCE PHYSICAL 96,277 93,777
SECURITY SYSTEM.
Program decrease. [-2,500]
031 COMBAT TRAINING 195,185 193,185
RANGES.
forward financing [-2,000]
032 MINIMUM ESSENTIAL 29,664 21,664
EMERGENCY COMM N.
Schedule slips... [-8,000]
033 WIDE AREA 59,633 59,633
SURVEILLANCE (WAS).
034 C3 COUNTERMEASURES... 105,584 105,584
036 DEFENSE ENTERPRISE 899 899
ACCOUNTING & MGT SYS.
038 THEATER BATTLE MGT C2 3,392 3,392
SYSTEM.
039 AIR & SPACE 24,983 24,983
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
041 BASE INFORMATION 19,147 19,147
TRANSPT INFRAST
(BITI) WIRED.
042 AFNET................ 84,515 84,515
043 JOINT COMMUNICATIONS 6,185 6,185
SUPPORT ELEMENT
(JCSE).
044 USCENTCOM............ 19,649 19,649
045 USSTRATCOM........... 4,337 4,337
ORGANIZATION AND BASE
046 TACTICAL C-E 137,033 137,033
EQUIPMENT.
047 RADIO EQUIPMENT...... 15,264 15,264
049 BASE COMM 132,281 146,281
INFRASTRUCTURE.
PDI: Mission [14,000]
Partner
Environment
PACNET.
MODIFICATIONS
050 COMM ELECT MODS...... 21,471 21,471
PERSONAL SAFETY &
RESCUE EQUIP
051 PERSONAL SAFETY AND 49,578 49,578
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
052 POWER CONDITIONING 11,454 11,454
EQUIPMENT.
053 MECHANIZED MATERIAL 12,110 12,110
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
054 BASE PROCURED 21,142 21,142
EQUIPMENT.
055 ENGINEERING AND EOD 7,700 7,700
EQUIPMENT.
056 MOBILITY EQUIPMENT... 18,266 18,266
057 FUELS SUPPORT 9,601 9,601
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 42,078 42,078
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
060 DARP RC135........... 27,164 27,164
061 DCGS-AF.............. 121,528 121,528
063 SPECIAL UPDATE 782,641 782,641
PROGRAM.
CLASSIFIED PROGRAMS
63A CLASSIFIED PROGRAMS.. 21,086,112 21,041,612
Program [-44,500]
adjustment.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 1,664 1,664
PARTS (CYBER).
065 SPARES AND REPAIR 15,847 15,847
PARTS.
TOTAL OTHER 23,695,720 23,649,566
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
026 MAJOR EQUIPMENT, DPAA 500 500
049 MAJOR EQUIPMENT, OSD. 3,099 3,099
MAJOR EQUIPMENT, NSA
048 INFORMATION SYSTEMS 101 101
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
053 MAJOR EQUIPMENT, WHS. 515 515
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 17,211 17,211
SECURITY.
012 TELEPORT PROGRAM..... 29,841 29,841
013 JOINT FORCES 3,091 3,091
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 41,569 41,569
MILLION.
016 DEFENSE INFORMATION 26,978 26,978
SYSTEM NETWORK.
017 WHITE HOUSE 44,161 44,161
COMMUNICATION AGENCY.
018 SENIOR LEADERSHIP 35,935 35,935
ENTERPRISE.
019 JOINT REGIONAL 88,741 88,741
SECURITY STACKS
(JRSS).
020 JOINT SERVICE 157,538 157,538
PROVIDER.
021 FOURTH ESTATE NETWORK 42,084 42,084
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 417,459 410,459
MGUE--DLA [-7,000]
requested
transfer to
RDTE,DW line 54.
MAJOR EQUIPMENT, DCSA
003 MAJOR EQUIPMENT...... 2,212 2,212
MAJOR EQUIPMENT, TJS
050 MAJOR EQUIPMENT, TJS. 8,329 8,329
051 MAJOR EQUIPMENT--TJS 1,247 1,247
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
031 THAAD................ 495,396 601,796
8th THAAD battery [76,300]
components.
HEMTT life-of- [30,100]
type buy.
034 AEGIS BMD............ 356,195 356,195
035 AEGIS BMD AP......... 44,901 44,901
036 BMDS AN/TPY-2 RADARS. 243,300
8th THAAD battery [243,300]
radar equipment.
037 SM-3 IIAS............ 218,322 324,322
Increase SM-3 [106,000]
Block IIA
quantities.
038 ARROW 3 UPPER TIER 77,000 77,000
SYSTEMS.
039 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
040 AEGIS ASHORE PHASE 39,114 39,114
III.
041 IRON DOME............ 73,000 73,000
042 AEGIS BMD HARDWARE 104,241 104,241
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 4,213 4,213
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
028 VEHICLES............. 215 215
029 OTHER MAJOR EQUIPMENT 9,994 9,994
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
027 REGIONAL CENTER 1,598 1,598
PROCUREMENT.
MAJOR EQUIPMENT,
DODEA
025 AUTOMATION/ 1,319 1,319
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 1,398 1,398
MAJOR EQUIPMENT,
DMACT
024 MAJOR EQUIPMENT...... 7,993 7,993
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 554,264 551,864
Classified [-2,400]
adjustment.
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 101,000 0
TARGETING.
Program decrease. [-101,000]
059 ROTARY WING UPGRADES 211,041 211,041
AND SUSTAINMENT.
060 UNMANNED ISR......... 25,488 24,488
Program decrease. [-1,000]
061 NON-STANDARD AVIATION 61,874 61,874
062 U-28................. 3,825 3,825
063 MH-47 CHINOOK........ 135,482 135,482
064 CV-22 MODIFICATION... 14,829 14,829
065 MQ-9 UNMANNED AERIAL 6,746 6,746
VEHICLE.
066 PRECISION STRIKE 243,111 238,111
PACKAGE.
Program decrease. [-5,000]
067 AC/MC-130J........... 163,914 153,914
RFCM excess to [-10,000]
need.
068 C-130 MODIFICATIONS.. 20,414 20,414
SHIPBUILDING
069 UNDERWATER SYSTEMS... 20,556 20,556
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 186,197 186,197
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 94,982 94,982
072 DISTRIBUTED COMMON 11,645 11,645
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 96,333 84,107
MMP excess to [-12,226]
need.
074 COMBATANT CRAFT 17,278 17,278
SYSTEMS.
075 SPECIAL PROGRAMS..... 78,865 71,365
Program decrease. [-7,500]
076 TACTICAL VEHICLES.... 30,158 30,158
077 WARRIOR SYSTEMS <$5M. 260,733 260,733
078 COMBAT MISSION 19,848 19,848
REQUIREMENTS.
079 GLOBAL VIDEO 2,401 2,401
SURVEILLANCE
ACTIVITIES.
080 OPERATIONAL 13,861 13,861
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 247,038 247,038
ENHANCEMENTS.
CBDP
082 CHEMICAL BIOLOGICAL 147,150 147,150
SITUATIONAL
AWARENESS.
083 CB PROTECTION & 149,944 149,944
HAZARD MITIGATION.
TOTAL 5,324,487 5,634,061
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 130,684,160 136,585,222
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 110,000
Additional [110,000]
aircraft.
ROTARY
009 AH-64 APACHE BLOCK 69,154 69,154
IIIB NEW BUILD.
014 CH-47 HELICOPTER..... 50,472 50,472
MODIFICATION OF
AIRCRAFT
017 MQ-1 PAYLOAD (MIP)... 5,968 0
Justification [-5,968]
does not match
need.
020 MULTI SENSOR ABN 122,520 122,520
RECON (MIP).
025 EMARSS SEMA MODS 26,460 26,460
(MIP).
030 DEGRADED VISUAL 1,916 1,916
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 149,162 149,162
038 COMMON INFRARED 32,400 32,400
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
UNDISTRIBUTED
041 AIRCREW INTEGRATED 3,028 3,028
SYSTEMS.
TOTAL AIRCRAFT 461,080 565,112
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 176,585 176,585
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
011 GUIDED MLRS ROCKET 127,015 127,015
(GMLRS).
015 LETHAL MINIATURE 84,993 69,393
AERIAL MISSILE
SYSTEM (LMAMS.
Contract delays.. [-15,600]
MODIFICATIONS
017 ATACMS MODS.......... 78,434 78,434
022 MLRS MODS............ 20,000 20,000
TOTAL MISSILE 881,592 865,992
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 4,765 4,765
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,460 10,460
TOTAL 15,225 15,225
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
004 CTG, HANDGUN, ALL 17 17
TYPES.
005 CTG, .50 CAL, ALL 189 189
TYPES.
008 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
016 PROJ 155MM EXTENDED 29,213 29,213
RANGE M982.
017 ARTILLERY 21,675 21,675
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
020 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 33,880 33,880
TYPES.
MISCELLANEOUS
029 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL 110,668 110,668
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
013 FAMILY OF HEAVY 6,500 6,500
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 15,163 15,163
017 TACTICAL WHEELED 27,066 27,066
VEHICLE PROTECTION
KITS.
COMM--SATELLITE
COMMUNICATIONS
030 TRANSPORTABLE 2,700 2,700
TACTICAL COMMAND
COMMUNICATIONS.
032 ASSURED POSITIONING, 12,566 12,566
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 289 289
034 GLOBAL BRDCST SVC-- 319 319
GBS.
COMM--COMBAT
COMMUNICATIONS
045 FAMILY OF MED COMM 1,257 1,257
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 1,230 1,230
ARCHITECTURE (MIP).
INFORMATION SECURITY
052 COMMUNICATIONS 128 128
SECURITY (COMSEC).
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 15,277 15,277
062 INSTALLATION INFO 74,004 74,004
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 47,709 47,709
070 TROJAN (MIP)......... 1,766 1,766
071 MOD OF IN-SVC EQUIP 61,450 61,450
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 12,337 12,337
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
080 FAMILY OF PERSISTENT 44,293 44,293
SURVEILLANCE CAP.
(MIP).
081 COUNTERINTELLIGENCE/ 49,100 49,100
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 33,496 33,496
084 NIGHT VISION DEVICES. 643 643
087 RADIATION MONITORING 11 11
SYSTEMS.
088 INDIRECT FIRE 37,000 37,000
PROTECTION FAMILY OF
SYSTEMS.
094 COMPUTER BALLISTICS: 280 280
LHMBC XM32.
095 MORTAR FIRE CONTROL 13,672 13,672
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
100 AIR & MSL DEFENSE 15,143 15,143
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 4,688 4,688
MODERNIZATION.
110 AUTOMATED DATA 16,552 16,552
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
121 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
122 BASE DEFENSE SYSTEMS 98,960 98,960
(BDS).
123 CBRN DEFENSE......... 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 50,400 50,400
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
137 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 370 370
142 PERSONNEL RECOVERY 3,721 3,721
SUPPORT SYSTEM
(PRSS).
145 FORCE PROVIDER....... 56,400 56,400
146 FIELD FEEDING 2,279 2,279
EQUIPMENT.
147 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 4,374 4,374
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 6,390 6,390
MEDICAL.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 7,769 7,769
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 184 184
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
156 LOADERS.............. 3,190 3,190
157 HYDRAULIC EXCAVATOR.. 7,600 7,600
158 TRACTOR, FULL TRACKED 7,450 7,450
160 HIGH MOBILITY 3,703 3,703
ENGINEER EXCAVATOR
(HMEE).
162 CONST EQUIP ESP...... 657 657
GENERATORS
167 GENERATORS AND 106 106
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 1,885 1,885
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 3,248 3,248
SYSTEMS (OPA3).
185 BUILDING, PRE-FAB, 31,845 31,845
RELOCATABLE.
TOTAL OTHER 924,077 924,077
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
024 STUASL0 UAV.......... 7,921 7,921
MODIFICATION OF
AIRCRAFT
053 COMMON ECM EQUIPMENT. 3,474 3,474
055 COMMON DEFENSIVE 3,339 3,339
WEAPON SYSTEM.
064 QRC.................. 18,507 18,507
TOTAL AIRCRAFT 33,241 33,241
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
012 HELLFIRE............. 5,572 5,572
TOTAL WEAPONS 5,572 5,572
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 8,068 8,068
002 JDAM................. 15,529 15,529
003 AIRBORNE ROCKETS, ALL 23,000 23,000
TYPES.
004 MACHINE GUN 22,600 22,600
AMMUNITION.
006 CARTRIDGES & CART 3,927 3,927
ACTUATED DEVICES.
007 AIR EXPENDABLE 15,978 15,978
COUNTERMEASURES.
008 JATOS................ 2,100 2,100
011 OTHER SHIP GUN 2,611 2,611
AMMUNITION.
012 SMALL ARMS & LANDING 1,624 1,624
PARTY AMMO.
013 PYROTECHNIC AND 505 505
DEMOLITION.
TOTAL 95,942 95,942
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SMALL BOATS
028 STANDARD BOATS....... 19,104 19,104
OTHER SHIP SUPPORT
035 SMALL & MEDIUM UUV... 2,946 2,946
ASW ELECTRONIC
EQUIPMENT
043 FIXED SURVEILLANCE 213,000 213,000
SYSTEM.
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 26,196 26,196
AIRCRAFT SUPPORT
EQUIPMENT
095 AIRCRAFT SUPPORT 60,217 60,217
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 2,124 2,124
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 177 177
VEHICLES.
116 GENERAL PURPOSE 416 416
TRUCKS.
118 FIRE FIGHTING 801 801
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
125 FIRST DESTINATION 520 520
TRANSPORTATION.
TRAINING DEVICES
128 TRAINING AND 11,500 11,500
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 MEDICAL SUPPORT 3,525 3,525
EQUIPMENT.
136 PHYSICAL SECURITY 3,000 3,000
EQUIPMENT.
TOTAL OTHER 343,526 343,526
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 17,456 17,456
(GMLRS).
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,200 4,200
INTELL/COMM EQUIPMENT
(NON-TEL)
022 INTELLIGENCE SUPPORT 10,124 10,124
EQUIPMENT.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 16,183 16,183
MODIFICATIONS.
TOTAL 47,963 47,963
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
013 COMBAT RESCUE 174,000 174,000
HELICOPTER.
OTHER AIRCRAFT
020 MQ-9................. 142,490 57,900
ECP excess to [-8,600]
need.
Production line [-75,990]
shutdown ahead of
need.
021 RQ-20B PUMA.......... 13,770 13,770
STRATEGIC AIRCRAFT
026 LARGE AIRCRAFT 57,521 57,521
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
046 U-2 MODS............. 9,600 9,600
055 COMPASS CALL......... 12,800 12,800
066 HC/MC-130 58,020 58,020
MODIFICATIONS.
069 MQ-9 UAS PAYLOADS.... 46,100 63,501
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.
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 5,100 5,100
TECHNOLOGY.
030 AIR FORCE PHYSICAL 56,496 56,496
SECURITY SYSTEM.
ORGANIZATION AND BASE
049 BASE COMM 30,717 30,717
INFRASTRUCTURE.
BASE SUPPORT
EQUIPMENT
055 ENGINEERING AND EOD 13,172 13,172
EQUIPMENT.
056 MOBILITY EQUIPMENT... 33,694 33,694
057 FUELS SUPPORT 1,777 1,777
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 31,620 31,620
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
061 DCGS-AF.............. 18,700 18,700
SPARES AND REPAIR
PARTS
065 SPARES AND REPAIR 4,000 4,000
PARTS.
TOTAL OTHER 355,339 355,339
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
016 DEFENSE INFORMATION 6,120 6,120
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
030 COUNTER IMPROVISED 2,540 2,540
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 3,500 3,500
AVIATION PROGRAMS
056 MANNED ISR........... 5,000 45,100
Combat loss [40,100]
replacement--DHC-
8.
057 MC-12................ 5,000 5,000
060 UNMANNED ISR......... 8,207 8,207
062 U-28................. 24,711
Combat loss [24,711]
replacement.
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 105,355 105,355
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 16,234 16,234
073 OTHER ITEMS <$5M..... 984 984
076 TACTICAL VEHICLES.... 2,990 2,990
077 WARRIOR SYSTEMS <$5M. 32,573 32,573
078 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
080 OPERATIONAL 6,724 6,724
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 53,264 53,264
ENHANCEMENTS.
TOTAL 258,491 323,302
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
ACCOUNT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 150,000
Program increase. [150,000]
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT
ACCOUNT.
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 5,128,098 5,514,151
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 318,257
.................................. Counter-UAS Army research lab. [5,000]
.................................. Increase in basic research.... [10,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 72,148
.................................. Program increase.............. [5,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 101,877
CENTERS.
.................................. Automotive research center [5,000]
modeling and simulation.
.................................. Biotechnology advancements.... [4,000]
.................................. Program increase.............. [5,000]
005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 463,359 497,359
..................................
.................................. APPLIED RESEARCH
007 0602115A BIOMEDICAL TECHNOLOGY............. 11,835 11,835
011 0602134A COUNTER IMPROVISED-THREAT ADVANCED 2,000 2,000
STUDIES.
012 0602141A LETHALITY TECHNOLOGY.............. 42,425 50,425
.................................. Hybrid additive manufacturing. [3,000]
.................................. Next generation additive [5,000]
manufacturing and 3-D printed
electronics.
013 0602142A ARMY APPLIED RESEARCH............. 30,757 33,757
.................................. Pathfinder Air Assault........ [3,000]
014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 137,435
.................................. HEROES program increase....... [5,000]
.................................. Pathfinder Airborne........... [5,000]
.................................. Syn-bio enabled functional [2,000]
materials for the soldier.
015 0602144A GROUND TECHNOLOGY................. 28,047 47,047
.................................. Cold weather military research [2,000]
.................................. Ground technology advanced [2,000]
manufacturing, materials and
process initiative.
.................................. Materials recovery [10,000]
technologies for defense
supply resiliency.
.................................. Polymeric composites via cold [5,000]
spray additive manufacturing.
016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 227,565
TECHNOLOGY.
.................................. Ground combat vehicle platform [2,000]
electrification.
.................................. Immersive virtual modeling and [5,000]
simulation techniques.
.................................. Next Generation Combat Vehicle [3,000]
modeling and simulation.
017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404
.................................. Alternative positioning [5,000]
navigation and timing.
.................................. Defense resiliency platform [3,000]
against extreme cold weather.
.................................. Multi-drone multi-sensor ISR [2,000]
capability.
.................................. Program increase.............. [5,000]
018 0602147A LONG RANGE PRECISION FIRES 60,553 65,553
TECHNOLOGY.
.................................. Composite artillery tube and [5,000]
propulsion prototyping.
019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 96,484 101,484
.................................. High density eVOTL power [5,000]
source research.
020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 66,298
.................................. Advanced beam control tracking [5,000]
and targeting.
.................................. High energy laser technology.. [5,000]
022 0602213A C3I APPLIED CYBER................. 18,816 18,816
040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766
TECHNOLOGY.
042 0602787A MEDICAL TECHNOLOGY................ 95,496 95,496
.................................. SUBTOTAL APPLIED RESEARCH...... 920,881 1,007,881
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
044 0603002A MEDICAL ADVANCED TECHNOLOGY....... 38,896 38,896
049 0603007A MANPOWER, PERSONNEL AND TRAINING 11,659 11,659
ADVANCED TECHNOLOGY.
052 0603115A MEDICAL DEVELOPMENT............... 27,723 27,723
053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663
DEVELOPMENT.
054 0603118A SOLDIER LETHALITY ADVANCED 109,608 120,608
TECHNOLOGY.
.................................. 3D advanced manufacturing..... [2,000]
.................................. Advanced AI/AA analytics for [5,000]
modernization and readiness.
.................................. Anthropomorphic study for body [4,000]
armor modernization.
055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 22,795
.................................. Graphene applications for [3,000]
military engineering.
.................................. Rapid entry and sustainment [5,000]
for the arctic.
059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000
SIMULATION.
063 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 23,357 23,357
064 0603461A HIGH PERFORMANCE COMPUTING 188,024 193,024
MODERNIZATION PROGRAM.
.................................. High performance computing [5,000]
modernization.
065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 231,858
ADVANCED TECHNOLOGY.
.................................. Carbon fiber and graphitic [10,000]
composites.
.................................. Fuel cell powered vehicle [10,000]
development.
.................................. Small unit ground robotic [7,500]
capabilities.
.................................. Virtual experimentations [5,000]
enhancement.
066 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 158,608 163,608
.................................. Tactical geospatial [5,000]
information development.
067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060
ADVANCED TECHNOLOGY.
.................................. Hypervelocity projectile-- [10,000]
extended range technologies.
068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194
TECHNOLOGY.
069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 73,630
TECHNOLOGY.
.................................. High-energy laser system [10,500]
characterization lab.
.................................. Program acceleration.......... [5,000]
077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,290,590
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 24,062
INTEGRATION.
.................................. Accelerated test and [10,000]
integration.
.................................. Hypersonic hot air tunnel test [3,000]
environment.
079 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 26,230 26,230
080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482
ENGINEERING.
081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 61,858
DEV.
.................................. Interim top attack support [-4,234]
costs carryover.
.................................. MICLIC replacement development [2,000]
083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753
084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 136,478
DEV.
.................................. Program decrease.............. [-15,000]
085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841
086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 182,400
SYSTEM--ADV DEV.
.................................. MDSS sensor development [-12,375]
contract ahead of need.
087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316
DEVELOPMENT.
088 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 13,387 13,387
DEM/VAL.
089 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,762 4,762
090 0603801A AVIATION--ADV DEV................. 647,937 652,937
.................................. Future Long Range Assault [5,000]
Aircraft (FLRAA).
091 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 4,761 4,761
ADV DEV.
092 0603807A MEDICAL SYSTEMS--ADV DEV.......... 28,520 28,520
093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 24,138
DEVELOPMENT.
.................................. IHPS program delays........... [-2,000]
094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 114,792
.................................. Excess testing and evaluation [-6,415]
growth.
096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840
MATURATION (MIP).
097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678
CAPABILITY.
098 0604100A ANALYSIS OF ALTERNATIVES.......... 10,082 10,082
099 0604101A SMALL UNMANNED AERIAL VEHICLE 1,378 1,378
(SUAV) (6.4).
100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,083 40,083
SYSTEM (FTUAS).
101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373
(LTAMD) SENSOR.
102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 146,834
.................................. OpFires lack of transition [-10,000]
pathway.
103 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 4,995 4,995
(M-SHORAD).
105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490
DEVELOPMENT & PROTOTYPING.
106 0604120A ASSURED POSITIONING, NAVIGATION 128,125 128,125
AND TIMING (PNT).
107 0604121A SYNTHETIC TRAINING ENVIRONMENT 129,547 129,547
REFINEMENT & PROTOTYPING.
108 0604134A COUNTER IMPROVISED-THREAT 13,831 13,831
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
109 0604182A HYPERSONICS....................... 801,417 811,417
.................................. Program increase.............. [10,000]
111 0604403A FUTURE INTERCEPTOR................ 7,992 7,992
112 0604541A UNIFIED NETWORK TRANSPORT......... 40,677 40,677
115 0305251A CYBERSPACE OPERATIONS FORCES AND 50,525 50,525
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,401,584
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 59,026
.................................. MFEW developmenal test flight [-3,400]
ahead of need.
121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 89,770
.................................. Advanced gunner protection kit [2,000]
development.
.................................. NGSW special purpose [-8,804]
projectile development delay.
.................................. Soldier Enhancement Program... [5,000]
122 0604604A MEDIUM TACTICAL VEHICLES.......... 8,523 8,523
123 0604611A JAVELIN........................... 7,493 7,493
124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 24,792 24,792
125 0604633A AIR TRAFFIC CONTROL............... 3,511 3,511
126 0604642A LIGHT TACTICAL WHEELED VEHICLES... 1,976 1,976
127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488
(ASM)--ENG DEV.
128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 55,277
.................................. FWS-S contract development [-5,000]
excess to need.
.................................. Heads up display product [-1,168]
development previously funded.
129 0604713A COMBAT FEEDING, CLOTHING, AND 2,814 2,814
EQUIPMENT.
130 0604715A NON-SYSTEM TRAINING DEVICES--ENG 28,036 28,036
DEV.
131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 86,151
INTELLIGENCE--ENG DEV.
.................................. Joint Counter-UAS Office [17,500]
acceleration.
.................................. Joint Counter-UAS Office SOCOM [25,000]
cUAS capabilitities for
austere locations abroad.
132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150
DEVELOPMENT.
133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578
DEVELOPMENT.
134 0604760A DISTRIBUTIVE INTERACTIVE 7,892 7,892
SIMULATIONS (DIS)--ENG DEV.
135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 24,975 24,975
(BAT).
136 0604780A COMBINED ARMS TACTICAL TRAINER 3,568 3,568
(CATT) CORE.
137 0604798A BRIGADE ANALYSIS, INTEGRATION AND 19,268 19,268
EVALUATION.
138 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 265,811 265,811
139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 48,344
ENG DEV.
.................................. 194 excess support costs...... [-1,350]
140 0604805A COMMAND, CONTROL, COMMUNICATIONS 11,079 11,079
SYSTEMS--ENG DEV.
141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
142 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 9,589 9,589
143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 140,674
HARDWARE & SOFTWARE.
.................................. Command post integrated [-10,000]
infrastructure contract delay.
.................................. Rephasing of MCE v3.2 [-7,909]
development.
.................................. TROPO IOT&E funded ahead of [-3,930]
need.
144 0604820A RADAR DEVELOPMENT................. 109,259 109,259
145 0604822A GENERAL FUND ENTERPRISE BUSINESS 21,201 21,201
SYSTEM (GFEBS).
146 0604823A FIREFINDER........................ 20,008 16,808
.................................. Prior year carry-over......... [-3,200]
147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,534 6,534
148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 124,380
SYSTEMS--EMD.
.................................. Prior year carry-over......... [-5,079]
.................................. Program increase for vehicle [47,000]
protection systems.
149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 124,612
.................................. FL9 unjustified request....... [-5,987]
.................................. FM7 HRC core IT schedule [-8,915]
discrepancy.
.................................. FM8 ATIS release 2 ahead of [-3,164]
need.
151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286
SYSTEM-ARMY (IPPS-A).
152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594
(AMPV).
.................................. Army identified funds excess [-12,000]
to need.
.................................. Test delays................... [-8,000]
154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264
(JTNC).
155 0605031A JOINT TACTICAL NETWORK (JTN)...... 31,696 31,696
157 0605033A GROUND-BASED OPERATIONAL 5,976 5,976
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
159 0605035A COMMON INFRARED COUNTERMEASURES 23,321 28,321
(CIRCM).
.................................. AI virtual training [5,000]
environments.
161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 16,544
.................................. Army Cyber SU program......... [-12,000]
163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 22,157
(LOW-TIER).
.................................. Testing unjustified request... [-6,021]
164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893
167 0605052A INDIRECT FIRE PROTECTION 235,770 188,008
CAPABILITY INC 2--BLOCK 1.
.................................. Army identified funds excess [-47,762]
to need.
168 0605053A GROUND ROBOTICS................... 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 294,739
170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954
SYSTEMS DEVELOPMENT.
171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201
DEMONSTRATION.
172 0605205A SMALL UNMANNED AERIAL VEHICLE 5,999 5,999
(SUAV) (6.5).
174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891
175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929
DEFENSE (AIAMD).
176 0605625A MANNED GROUND VEHICLE............. 327,732 244,500
.................................. Army identified funds excess [-83,232]
to need.
177 0605766A NATIONAL CAPABILITIES INTEGRATION 7,670 7,670
(MIP).
178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 1,467
180 0303032A TROJAN--RH12...................... 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,064,377
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
185 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,515 14,515
186 0604258A TARGET SYSTEMS DEVELOPMENT........ 10,668 10,668
187 0604759A MAJOR T&E INVESTMENT.............. 106,270 111,270
.................................. Program increase.............. [5,000]
188 0605103A RAND ARROYO CENTER................ 13,481 13,481
189 0605301A ARMY KWAJALEIN ATOLL.............. 231,824 231,824
190 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 54,898 54,898
192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 365,359
.................................. Program increase--Army [15,000]
directed energy T&E.
193 0605602A ARMY TECHNICAL TEST 48,475 48,475
INSTRUMENTATION AND TARGETS.
194 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,001 36,001
195 0605606A AIRCRAFT CERTIFICATION............ 2,736 2,736
196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488
ACTIVITIES.
197 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,859 21,859
198 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,936 7,936
199 0605712A SUPPORT OF OPERATIONAL TESTING.... 54,470 54,470
200 0605716A ARMY EVALUATION CENTER............ 63,141 63,141
201 0605718A ARMY MODELING & SIM X-CMD 2,572 2,572
COLLABORATION & INTEG.
202 0605801A PROGRAMWIDE ACTIVITIES............ 87,472 87,472
203 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,244 26,244
204 0605805A MUNITIONS STANDARDIZATION, 40,133 47,500
EFFECTIVENESS AND SAFETY.
.................................. Conventional ammunition [-1,633]
demilitarization carryover.
.................................. Development of polymer-cased [5,000]
ammunition.
.................................. Manufacturing technology for [-1,000]
industrial base transformation
carryover.
.................................. Program acceleration.......... [5,000]
205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,780 1,780
MGMT SUPPORT.
206 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,045 55,045
R&D - MHA.
208 0606002A RONALD REAGAN BALLISTIC MISSILE 71,306 71,306
DEFENSE TEST SITE.
209 0606003A COUNTERINTEL AND HUMAN INTEL 1,063 1,063
MODERNIZATION.
210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 19,891 19,891
211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,496 4,496
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,360,490
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 10,157 10,157
216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,682 8,682
217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409
IMPROVEMENT PROGRAMS.
219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 107,733
.................................. Program reduction............. [-15,000]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 11,236
PROGRAM.
222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091
PROGRAM.
.................................. Carbon composite materials for [5,000]
wheels and brakes.
224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 245,509
.................................. Unjustified matrixed [-3,748]
engineering support growth.
225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155
IMPROVEMENT AND DEVELOPMENT.
226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 7,743 7,743
PRODUCTS.
227 0607145A APACHE FUTURE DEVELOPMENT......... 77,177 77,177
228 0607150A INTEL CYBER DEVELOPMENT........... 14,652 14,652
229 0607312A ARMY OPERATIONAL SYSTEMS 35,851 35,851
DEVELOPMENT.
230 0607665A FAMILY OF BIOMETRICS.............. 1,324 1,324
231 0607865A PATRIOT PRODUCT IMPROVEMENT....... 187,840 187,840
232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691
COORDINATION SYSTEM (JADOCS).
233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 260,252
PROGRAMS.
.................................. Bradley excess carryover...... [-3,000]
.................................. CROWS-J program delay......... [-5,667]
234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963
IMPROVEMENTS.
.................................. Army identified as excess to [-130,000]
need.
.................................. Prior year carry-over......... [-6,291]
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 11,688
IMPROVEMENT PROGRAMS.
236 0203752A AIRCRAFT ENGINE COMPONENT 80 80
IMPROVEMENT PROGRAM.
237 0203758A DIGITIZATION...................... 4,516 4,516
238 0203801A MISSILE/AIR DEFENSE PRODUCT 1,288 1,288
IMPROVEMENT PROGRAM.
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 79,424 19,424
PROGRAMS.
.................................. Program decrease.............. [-60,000]
243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 259 259
OPERATIONAL SYSTEM DEV.
244 0205456A LOWER TIER AIR AND MISSILE DEFENSE 166 166
(AMD) SYSTEM.
245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,575 75,575
SYSTEM (GMLRS).
246 0208053A JOINT TACTICAL GROUND SYSTEM...... 9,510 9,510
249 0303140A INFORMATION SYSTEMS SECURITY 29,270 29,270
PROGRAM.
250 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 86,908 86,908
251 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,684 18,684
256 0305179A INTEGRATED BROADCAST SERVICE (IBS) 467 467
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,051 4,051
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 13,283 13,283
259 0305208A DISTRIBUTED COMMON GROUND/SURFACE 47,204 47,204
SYSTEMS.
264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 78,512
ACTIVITIES.
.................................. Functional fabrics [7,500]
manufacturing.
.................................. Nanoscale materials [5,000]
manufacturing.
.................................. Tungsten manufacturing for [5,000]
armanents.
266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,797,333
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 58,445
PROTOTYPE DEVELOPMENT.
.................................. Army-requested transfer from [12,000]
Other Procurement, Army line
53 for program management.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 58,445
TECHNOLOGY PILOT PROGRAMS.
.................................. SUBTOTAL UNDISTRIBUTED......... 12,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,478,059
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 126,816
.................................. Defense University Research [5,000]
and Instrumentation Program.
.................................. Program increase.............. [5,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 479,158
.................................. Increase in basic research.... [10,000]
.................................. Predictive modeling for [2,000]
undersea vehicles.
.................................. SUBTOTAL BASIC RESEARCH........ 603,087 625,087
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 141,281
.................................. Additive manufacturing of [5,000]
unmanned maritime systems.
.................................. Direct Air Capture and Blue [9,000]
Carbon Removal Technology
Program.
.................................. Talent and technology for [5,000]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 50,623 55,623
TECHNOLOGY.
.................................. Unmanned logistics solutions.. [5,000]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 74,765
RESEARCH.
.................................. Humanoid robotics research.... [5,000]
.................................. Social networks and [2,000]
computational social science.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392
APPLIED RESEARCH.
.................................. Extreme weather events [5,000]
research.
.................................. Program increase.............. [5,000]
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,343 6,343
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 76,397
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Autonomous undersea robotics.. [10,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 167,590 167,590
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 167,837
APPLIED RESEARCH.
.................................. Thermoplastic materials....... [7,300]
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,021,475
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 24,410 24,410
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 219,045 219,045
DEMONSTRATION (ATD).
020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 242,365
TECHNOLOGY DEVELOPMENT.
.................................. C-ENCAP program delays........ [-3,689]
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,122 60,122
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 40,709 40,709
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,948 1,948
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 141,948 161,948
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Accelerated railgun technology [20,000]
maturation.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 776,707
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 259,242
VEHICLES (USVS).
.................................. LUSV additional prototypes.... [-159,300]
.................................. Unmanned surface vehicle [-45,500]
enabling capabilities--payload
program reduction.
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 35,386 35,386
029 0603216N AVIATION SURVIVABILITY............ 13,428 13,428
030 0603239N ISO NAVAL CONSTRUCTION FORCES..... 2,350 2,350
031 0603251N AIRCRAFT SYSTEMS.................. 418 418
032 0603254N ASW SYSTEMS DEVELOPMENT........... 15,719 15,719
033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,411 3,411
034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 63,218
.................................. Project 3416: HIJENKS [-7,000]
insufficient schedule
justification.
035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 47,808
COUNTERMEASURES.
.................................. Project 2989: Barracuda [-4,550]
program delay.
036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 12,816 12,816
037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,559 7,559
038 0603525N PILOT FISH........................ 358,757 278,557
.................................. Excess cost growth............ [-25,000]
.................................. Program adjustment............ [-55,200]
039 0603527N RETRACT LARCH..................... 12,562 12,562
040 0603536N RETRACT JUNIPER................... 148,000 148,000
041 0603542N RADIOLOGICAL CONTROL.............. 778 778
042 0603553N SURFACE ASW....................... 1,161 1,161
043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 157,926
DEVELOPMENT.
.................................. Project 9710 unjustified new [-27,430]
start.
044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528
045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 111,396
.................................. Polymorphic build farm for [5,000]
open source technologies.
.................................. Project 4044: Medium [-10,000]
amphibious ship early to need.
.................................. Project 4045: Medium logistics [-10,000]
ship early to need.
046 0603564N SHIP PRELIMINARY DESIGN & 70,270 36,970
FEASIBILITY STUDIES.
.................................. Project 0411: Preliminary [-17,100]
design early to need.
.................................. Project 0411: Requirements and [-16,200]
concept analysis excess growth.
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188
048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 45,449
.................................. Accelerate qualification of [7,500]
silicon carbide power modules.
.................................. Power and energy systems [-500]
contract award delay.
049 0603576N CHALK EAGLE....................... 71,181 71,181
050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,178 32,178
051 0603582N COMBAT SYSTEM INTEGRATION......... 17,843 17,843
052 0603595N OHIO REPLACEMENT.................. 317,196 317,196
053 0603596N LCS MISSION MODULES............... 67,875 67,875
054 0603597N AUTOMATED TEST AND ANALYSIS....... 4,797 4,797
055 0603599N FRIGATE DEVELOPMENT............... 82,309 82,309
056 0603609N CONVENTIONAL MUNITIONS............ 9,922 9,922
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 189,603 182,603
SYSTEM.
.................................. Program delay................. [-7,000]
058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 43,084 43,084
DEVELOPMENT.
059 0603713N OCEAN ENGINEERING TECHNOLOGY 6,346 6,346
DEVELOPMENT.
060 0603721N ENVIRONMENTAL PROTECTION.......... 20,601 20,601
061 0603724N NAVY ENERGY PROGRAM............... 23,422 23,422
062 0603725N FACILITIES IMPROVEMENT............ 4,664 4,664
063 0603734N CHALK CORAL....................... 545,763 473,763
.................................. Excess cost growth............ [-72,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884
065 0603746N RETRACT MAPLE..................... 353,226 348,690
.................................. Program adjustment............ [-4,536]
066 0603748N LINK PLUMERIA..................... 544,388 497,388
.................................. Program adjustment............ [-47,000]
067 0603751N RETRACT ELM....................... 86,730 86,730
068 0603764M LINK EVERGREEN.................... 236,234 231,770
.................................. Program adjustment............ [-4,464]
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,880 6,880
071 0603795N LAND ATTACK TECHNOLOGY............ 10,578 10,578
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,435 28,435
073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 128,845
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 54,699 37,998
.................................. Project 3255 excess growth.... [-9,979]
.................................. Project 3425 excess growth.... [-6,722]
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 52,020
VEHICLES.
.................................. Small unmanned underwater [-1,922]
vehicles concurrency.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 12,100 12,100
AND DEMONSTRATION..
080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 45,557
.................................. Early to need, phase 1 results [-32,565]
needed first.
081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 17,366 17,366
083 0604127N SURFACE MINE COUNTERMEASURES...... 18,754 18,754
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 52,026
COUNTERMEASURES (TADIRCM).
.................................. DAIRCM hardware development [-7,750]
contract award delay.
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664
PROTOTYPE.
088 0604454N LX (R)............................ 10,203 10,203
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 92,602
.................................. Excess scope adjustments...... [-23,256]
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 9,628
(C-UAS).
.................................. System development excess [-4,631]
growth.
091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,030,387
DEVELOPMENT PROGRAM.
.................................. CPGS initial integration [-15,000]
efforts--transfer to line 165.
.................................. Lack of hypersonic prototyping [-5,000]
coordination.
.................................. Project 3334: Excess Virginia- [-52,000]
class CPS modification and
installation costs.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 46,750
WEAPON DEVELOPMENT.
.................................. LRASM funds--Navy requested [11,000]
transfer from line 141.
094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151
095 0304240M ADVANCED TACTICAL UNMANNED 22,589 29,589
AIRCRAFT SYSTEM.
.................................. K-MAX......................... [7,000]
097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 5,861,969
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
098 0603208N TRAINING SYSTEM AIRCRAFT.......... 4,332 4,332
099 0604212N OTHER HELO DEVELOPMENT............ 18,133 18,133
100 0604214M AV-8B AIRCRAFT--ENG DEV........... 20,054 20,054
101 0604215N STANDARDS DEVELOPMENT............. 4,237 4,237
102 0604216N MULTI-MISSION HELICOPTER UPGRADE 27,340 27,340
DEVELOPMENT.
104 0604221N P-3 MODERNIZATION PROGRAM......... 606 606
105 0604230N WARFARE SUPPORT SYSTEM............ 9,065 9,065
106 0604231N TACTICAL COMMAND SYSTEM........... 97,968 97,968
107 0604234N ADVANCED HAWKEYE.................. 309,373 292,175
.................................. Sensors excess growth......... [-17,198]
108 0604245M H-1 UPGRADES...................... 62,310 62,310
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,182 47,182
110 0604262N V-22A............................. 132,624 132,624
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,445 21,445
112 0604269N EA-18............................. 106,134 106,134
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 134,194 134,194
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 99,321 99,321
115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 477,680
116 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 232,818 232,818
(JTRS-NAVY).
117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039
INCREMENT II.
118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 375,853
ENGINEERING.
.................................. Aegis development support [-7,159]
excess growth.
.................................. Capability upgrades [-20,700]
unjustified growth.
119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945
120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 340,825
.................................. SM-6 Block IB mission [-18,400]
integration, development and
operational test.
.................................. SM-6 excessive cost growth; [-27,000]
program accountability.
122 0604373N AIRBORNE MCM...................... 10,909 10,909
123 0604378N NAVAL INTEGRATED FIRE CONTROL-- 44,548 44,548
COUNTER AIR SYSTEMS ENGINEERING.
124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673
PROGRAM (ASAP).
125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 71,449
.................................. Shipboard passive EO/IR [-16,360]
development concurrency.
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 93,097
127 0604504N AIR CONTROL....................... 38,863 38,863
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 9,593 9,593
129 0604518N COMBAT INFORMATION CENTER 12,718 12,718
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 65,834 65,834
132 0604558N NEW DESIGN SSN.................... 259,443 259,443
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 58,853
T&E.
.................................. Advanced Degaussing System.... [7,000]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853
136 0604601N MINE DEVELOPMENT.................. 92,607 83,505
.................................. Encapsulate effector program [-7,402]
delays.
.................................. Historical underexecution..... [-1,700]
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 124,250
.................................. Advanced anti-submarine [-21,762]
lightweight torpedo program
delays.
138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,383 8,383
DEVELOPMENT.
139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 33,784 33,784
SYSTEMS--ENG DEV.
140 0604703N PERSONNEL, TRAINING, SIMULATION, 8,599 8,599
AND HUMAN FACTORS.
141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 62,744
.................................. LRASM funds--Navy requested [-11,000]
transfer to line 93.
142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490
CONTROL).
143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761
KILL).
144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373
KILL/EW).
145 0604761N INTELLIGENCE ENGINEERING.......... 15,716 15,716
146 0604771N MEDICAL DEVELOPMENT............... 2,120 19,620
.................................. Autonomous aerial distributed [7,500]
logistics.
.................................. ETEC disease research......... [10,000]
147 0604777N NAVIGATION/ID SYSTEM.............. 50,180 50,180
148 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 561 561
149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 250 250
150 0604850N SSN(X)............................ 1,000 1,000
151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974
152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 330,431
.................................. Historical underexecution..... [-12,972]
.................................. NMMES-TR contract delays...... [-6,308]
.................................. NMMES-TR excess support growth [-6,462]
153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,810 7,810
154 0605212M CH-53K RDTE....................... 406,406 406,406
155 0605215N MISSION PLANNING.................. 86,134 86,134
156 0605217N COMMON AVIONICS................... 54,540 54,540
157 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 5,155 5,155
158 0605327N T-AO 205 CLASS.................... 5,148 5,148
159 0605414N UNMANNED CARRIER AVIATION (UCA)... 266,970 266,970
160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 12,713 12,713
161 0605500N MULTI-MISSION MARITIME AIRCRAFT 24,424 24,424
(MMA).
162 0605504N MULTI-MISSION MARITIME (MMA) 182,870 182,870
INCREMENT III.
163 0605611M MARINE CORPS ASSAULT VEHICLES 41,775 41,775
SYSTEM DEVELOPMENT &
DEMONSTRATION.
164 0605813M JOINT LIGHT TACTICAL VEHICLE 2,541 2,541
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
165 0204202N DDG-1000.......................... 208,448 223,448
.................................. CPGS initial integration [15,000]
efforts transfer from line 91.
169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 111,434 111,434
170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,128,960
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
171 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,075 22,075
172 0604258N TARGET SYSTEMS DEVELOPMENT........ 10,224 10,224
173 0604759N MAJOR T&E INVESTMENT.............. 85,195 85,195
175 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,089 3,089
176 0605154N CENTER FOR NAVAL ANALYSES......... 43,517 43,517
179 0605804N TECHNICAL INFORMATION SERVICES.... 932 932
180 0605853N MANAGEMENT, TECHNICAL & 94,297 94,297
INTERNATIONAL SUPPORT.
181 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,813 3,813
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 104,822 104,822
184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 419,212
.................................. Navy requested transfer to [-27,748]
OM,N line BSM1.
185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,787 15,787
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,559 8,559
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 42,749 42,749
189 0605898N MANAGEMENT HQ--R&D................ 41,094 41,094
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,022 37,022
193 0305327N INSIDER THREAT.................... 2,310 2,310
194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 963,474
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS............. 697 697
200 0604840M F-35 C2D2......................... 379,549 379,549
201 0604840N F-35 C2D2......................... 413,875 413,875
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 143,667 143,667
(CEC).
204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056
SUPPORT.
205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,970 45,970
206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 61,813
DEVELOPMENT.
.................................. Compact rapid attack weapon [-12,377]
concurrency.
.................................. Next-generation countermeasure [5,000]
acoustic device.
207 0101402N NAVY STRATEGIC COMMUNICATIONS..... 42,277 42,277
208 0204136N F/A-18 SQUADRONS.................. 171,030 175,030
.................................. Jet noise reduction........... [4,000]
210 0204228N SURFACE SUPPORT................... 33,482 33,482
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 115,475
.................................. Accelerate sensor and signal [12,500]
processing development.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,713 1,713
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 22,205 22,205
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956
DEVELOPMENT.
218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 50,905
SUPPORT.
.................................. Project 2263: Unjustified [-5,886]
growth.
219 0205601N HARM IMPROVEMENT.................. 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348
INTEGRATION.
222 0205632N MK-48 ADCAP....................... 110,349 108,209
.................................. APB 7 development early to [-2,140]
need.
223 0205633N AVIATION IMPROVEMENTS............. 133,953 133,953
224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 110,313 110,313
225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662
SYSTEMS.
226 0206335M COMMON AVIATION COMMAND AND 4,406 4,406
CONTROL SYSTEM (CAC2S).
227 0206623M MARINE CORPS GROUND COMBAT/ 61,381 61,381
SUPPORTING ARMS SYSTEMS.
228 0206624M MARINE CORPS COMBAT SERVICES 10,421 10,421
SUPPORT.
229 0206625M USMC INTELLIGENCE/ELECTRONIC 29,977 29,977
WARFARE SYSTEMS (MIP).
230 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 6,469 6,469
231 0207161N TACTICAL AIM MISSILES............. 5,859 5,859
232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 44,323 44,323
MISSILE (AMRAAM).
236 0303109N SATELLITE COMMUNICATIONS (SPACE).. 41,978 46,978
.................................. Interference mitigation [5,000]
technology, test and
verification.
237 0303138N CONSOLIDATED AFLOAT NETWORK 29,684 29,684
ENTERPRISE SERVICES (CANES).
238 0303140N INFORMATION SYSTEMS SECURITY 39,094 39,094
PROGRAM.
239 0305192N MILITARY INTELLIGENCE PROGRAM 6,154 6,154
(MIP) ACTIVITIES.
240 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 7,108 7,108
241 0305205N UAS INTEGRATION AND 62,098 62,098
INTEROPERABILITY.
242 0305208M DISTRIBUTED COMMON GROUND/SURFACE 21,500 21,500
SYSTEMS.
244 0305220N MQ-4C TRITON...................... 11,120 11,120
245 0305231N MQ-8 UAV.......................... 28,968 28,968
246 0305232M RQ-11 UAV......................... 537 537
247 0305234N SMALL (LEVEL 0) TACTICAL UAS 8,773 8,773
(STUASL0).
248 0305239M RQ-21A............................ 10,853 10,853
249 0305241N MULTI-INTELLIGENCE SENSOR 60,413 60,413
DEVELOPMENT.
250 0305242M UNMANNED AERIAL SYSTEMS (UAS) 5,000 5,000
PAYLOADS (MIP).
251 0305251N CYBERSPACE OPERATIONS FORCES AND 34,967 34,967
FORCE SUPPORT.
252 0305421N RQ-4 MODERNIZATION................ 178,799 178,799
253 0307577N INTELLIGENCE MISSION DATA (IMD)... 2,120 2,120
254 0308601N MODELING AND SIMULATION SUPPORT... 8,683 8,683
255 0702207N DEPOT MAINTENANCE (NON-IF)........ 45,168 45,168
256 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,697 6,697
257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 67,665
.................................. MUOS historical underexecution [-2,391]
257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,330,749
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300
SOFTWARE PILOT PROGRAM.
259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 20,733,589
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 325,348
.................................. Increase in basic research.... [10,000]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 171,861
.................................. Program increase.............. [5,000]
.................................. Solar block research.......... [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 492,294 512,294
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000
RESEARCH.
005 0602102F MATERIALS......................... 140,781 162,781
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. High-energy synchotron x-ray [5,000]
program.
.................................. Materials maturation for high [5,000]
mach systems.
.................................. Qualification of additive [2,000]
manufacturing processes.
.................................. Thermal protection systems.... [5,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 175,472
.................................. Advanced batteries for [5,000]
directed energy.
.................................. High speed expendable turbine [4,000]
development.
.................................. Hypersonic materials.......... [4,000]
.................................. Secure unmanned aerial [10,000]
vehicles.
.................................. Transfer to line 8............ [-196,753]
007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 196,753
.................................. Transfer from line 6.......... [196,753]
009 0602204F AEROSPACE SENSORS................. 211,301 214,301
.................................. National Center for Hardware [3,000]
and Embedded Systems Security
and Trust.
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,926 8,926
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 132,425 132,425
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 128,113 128,113
014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 203,668
METHODS.
.................................. Quantum Innovation Center..... [5,000]
.................................. Quantum network testbed....... [10,000]
.................................. Trusted UAS traffic management [10,000]
and C-UAS testbed.
015 0602890F HIGH ENERGY LASER RESEARCH........ 45,088 45,088
.................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,482,749
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 0
.................................. Transfer to line 22........... [-35,169]
.................................. Transfer to line 23........... [-16,933]
.................................. Transfer to line 30........... [-10,777]
.................................. Transfer to line 33........... [-40,401]
018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 -30,000
DEMOS.
.................................. Inappropriate use of S&T funds [-50,000]
for Golden Horde demonstration
& validation.
.................................. Transfer to line 25........... [-40,900]
.................................. Transfer to line 27........... [-24,632]
.................................. Transfer to line 31........... [-72,087]
019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 0
.................................. Transfer to line 25........... [-37,230]
.................................. Transfer to line 26........... [-105,058]
.................................. Transfer to line 28........... [-57,268]
020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 0
C2 TECH.
.................................. Transfer to line 24........... [-35,338]
.................................. Transfer to line 27........... [-4,699]
.................................. Transfer to line 29........... [-12,090]
.................................. Transfer to line 30........... [-20,948]
.................................. Transfer to line 34........... [-29,201]
021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 0
.................................. Transfer to line 27........... [-31,207]
.................................. Transfer to line 31........... [-134,145]
.................................. Transfer to line 32........... [-31,445]
.................................. Transfer to line 34........... [-19,020]
022 0603112F ADVANCED MATERIALS FOR WEAPON 45,169
SYSTEMS.
.................................. Metals affordability research. [10,000]
.................................. Transfer from line 17......... [35,169]
023 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,933
(S&T).
.................................. Transfer from line 17......... [16,933]
024 0603203F ADVANCED AEROSPACE SENSORS........ 35,338
.................................. Transfer from line 20......... [35,338]
025 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 78,130
.................................. Transfer from line 18......... [40,900]
.................................. Transfer from line 19......... [37,230]
026 0603216F AEROSPACE PROPULSION AND POWER 110,058
TECHNOLOGY.
.................................. Propulsion technologies....... [5,000]
.................................. Transfer from line 19......... [105,058]
027 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 60,538
.................................. Transfer from line 18......... [24,632]
.................................. Transfer from line 20......... [4,699]
.................................. Transfer from line 21......... [31,207]
028 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 57,268
.................................. Transfer from line 19......... [57,268]
029 0603444F MAUI SPACE SURVEILLANCE SYSTEM 12,090
(MSSS).
.................................. Transfer from line 20......... [12,090]
030 0603456F HUMAN EFFECTIVENESS ADVANCED 31,725
TECHNOLOGY DEVELOPMENT.
.................................. Transfer from line 17......... [10,777]
.................................. Transfer from line 20......... [20,948]
031 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 206,232
.................................. Transfer from line 18......... [72,087]
.................................. Transfer from line 21......... [134,145]
032 0603605F ADVANCED WEAPONS TECHNOLOGY....... 31,445
.................................. Transfer from line 21......... [31,445]
033 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 42,901
.................................. Technologies to repair [2,500]
fastener holes.
.................................. Transfer from line 17......... [40,401]
034 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 48,221
AND DEMONSTRATION.
.................................. Transfer from line 20......... [29,201]
.................................. Transfer from line 21......... [19,020]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 746,048
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
038 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 4,320 4,320
039 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 26,396 26,396
040 0603790F NATO RESEARCH AND DEVELOPMENT..... 3,647 3,647
041 0603851F INTERCONTINENTAL BALLISTIC 32,959 32,959
MISSILE--DEM/VAL.
043 0604002F AIR FORCE WEATHER SERVICES 869 869
RESEARCH.
044 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 302,323 216,823
(ABMS).
.................................. Unjustified costs............. [-85,500]
045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 666,495
.................................. AETP program acceleration..... [30,000]
046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,848,410
047 0604032F DIRECTED ENERGY PROTOTYPING....... 20,964 20,964
048 0604033F HYPERSONICS PROTOTYPING........... 381,862 381,862
050 0604257F ADVANCED TECHNOLOGY AND SENSORS... 24,747 24,747
051 0604288F NATIONAL AIRBORNE OPS CENTER 76,417 76,417
(NAOC) RECAP.
052 0604317F TECHNOLOGY TRANSFER............... 3,011 3,011
053 0604327F HARD AND DEEPLY BURIED TARGET 52,921 52,921
DEFEAT SYSTEM (HDBTDS) PROGRAM.
054 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 69,783 69,783
ACS.
055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835
ENTERPRISE R&D.
056 0604858F TECH TRANSITION PROGRAM........... 219,252 278,452
.................................. Agile software development and [4,500]
operations.
.................................. Experimentation............... [-20,000]
.................................. Initial polar SATCOM [46,000]
capability.
.................................. LCAAT program acceleration.... [50,000]
.................................. Prototyping--hold to FY2020 [-27,300]
level.
.................................. Rapid repair of high [6,000]
performance materials.
057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,509,759
.................................. Acquisition Strategy for [-15,000]
planning and design.
059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 974,089
.................................. Forward financing of [-70,000]
development efforts.
060 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,356 19,356
(3DELRR).
061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737
(ABADS).
062 0208099F UNIFIED PLATFORM (UP)............. 5,990 5,990
063 0305236F COMMON DATA LINK EXECUTIVE AGENT 39,293 39,293
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 11,430 11,430
066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823
DEVELOPMENT.
067 0306415F ENABLED CYBER ACTIVITIES.......... 10,560 10,560
068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 7,808
RECAPITALIZATION.
.................................. AoA funding carryover......... [-2,100]
069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662
SYSTEM.
074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 0
TRANSITIONS (SSPT).
.................................. Transfer to RD,SF line 6...... [-8,787]
077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 0
.................................. Transfer to RD,SF line 11A.... [-56,311]
.................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,589,418
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
082 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 25,161 25,161
PROGRAMS.
083 0604201F PNT RESILIENCY, MODS, AND 38,564 38,564
IMPROVEMENTS.
084 0604222F NUCLEAR WEAPONS SUPPORT........... 35,033 35,033
085 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,098 2,098
086 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 131,909 131,909
087 0604287F PHYSICAL SECURITY EQUIPMENT....... 6,752 6,752
088 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 17,280 17,280
089 0604429F AIRBORNE ELECTRONIC ATTACK........ 30,000
.................................. STiTCHES integration for USAFE/ [30,000]
PACAF interim capability.
090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 23,076 23,076
091 0604604F SUBMUNITIONS...................... 3,091 3,091
092 0604617F AGILE COMBAT SUPPORT.............. 20,609 20,609
093 0604618F JOINT DIRECT ATTACK MUNITION...... 7,926 7,926
094 0604706F LIFE SUPPORT SYSTEMS.............. 23,660 23,660
095 0604735F COMBAT TRAINING RANGES............ 8,898 8,898
096 0604800F F-35--EMD......................... 5,423 5,423
097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 444,430
.................................. Acquisition strategy.......... [-30,000]
098 0604933F ICBM FUZE MODERNIZATION........... 167,099 167,099
100 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,547 30,547
102 0605223F ADVANCED PILOT TRAINING........... 248,669 248,669
103 0605229F COMBAT RESCUE HELICOPTER.......... 63,169 63,169
105 0101125F NUCLEAR WEAPONS MODERNIZATION..... 9,683 9,683
106 0207171F F-15 EPAWSS....................... 170,679 170,679
107 0207328F STAND IN ATTACK WEAPON............ 160,438 150,646
.................................. Unjustified cost increase..... [-9,792]
108 0207701F FULL COMBAT MISSION TRAINING...... 9,422 9,422
110 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 973 973
111 0401221F KC-46A TANKER SQUADRONS........... 106,262 86,262
.................................. Slow execution................ [-20,000]
113 0401319F VC-25B............................ 800,889 800,889
114 0701212F AUTOMATED TEST SYSTEMS............ 10,673 10,673
115 0804772F TRAINING DEVELOPMENTS............. 4,479 4,479
116 0901299F AF A1 SYSTEMS..................... 8,467 8,467
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,585,567
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT.............. 208,680 223,680
.................................. Gulf Range telemetric [15,000]
modernization.
133 0605101F RAND PROJECT AIR FORCE............ 35,803 35,803
135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557
EVALUATION.
136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 764,606
137 0605826F ACQ WORKFORCE- GLOBAL POWER....... 273,231
.................................. Transfer from line 142........ [273,231]
138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 262,119
SYS.
.................................. Transfer from line 142........ [262,119]
139 0605828F ACQ WORKFORCE- GLOBAL REACH....... 158,429
.................................. Transfer from line 142........ [158,429]
140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 247,468
BUS SYS.
.................................. Transfer from line 142........ [247,468]
141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 183,107
.................................. Transfer from line 142........ [183,107]
142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 219,868
INTEGRATION.
.................................. Transfer to line 137.......... [-273,231]
.................................. Transfer to line 138.......... [-262,119]
.................................. Transfer to line 139.......... [-158,429]
.................................. Transfer to line 140.......... [-247,468]
.................................. Transfer to line 141.......... [-183,107]
.................................. Transfer to line 143.......... [-17,816]
143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 58,584
TECHNOLOGY.
.................................. Transfer from line 142........ [17,816]
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 179,646 179,646
145 0605898F MANAGEMENT HQ--R&D................ 5,734 5,734
146 0605976F FACILITIES RESTORATION AND 70,985 70,985
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
147 0605978F FACILITIES SUSTAINMENT--TEST AND 29,880 29,880
EVALUATION SUPPORT.
148 0606017F REQUIREMENTS ANALYSIS AND 63,381 63,381
MATURATION.
149 0606398F MANAGEMENT HQ--T&E................ 5,785 5,785
150 0303255F COMMAND, CONTROL, COMMUNICATION, 24,564 24,564
AND COMPUTERS (C4)--STRATCOM.
151 0308602F ENTEPRISE INFORMATION SERVICES 9,883 9,883
(EIS).
152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384
153 0804731F GENERAL SKILL TRAINING............ 1,262 1,262
155 1001004F INTERNATIONAL ACTIVITIES.......... 3,599 3,599
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,906,280
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777
TRAINING.
164 0604776F DEPLOYMENT & DISTRIBUTION 499 499
ENTERPRISE R&D.
165 0604840F F-35 C2D2......................... 785,336 785,336
166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035
SYSTEM (AF-IPPS).
167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508
AGENCY.
168 0605117F FOREIGN MATERIEL ACQUISITION AND 71,229 71,229
EXPLOITATION.
169 0605278F HC/MC-130 RECAP RDT&E............. 24,705 24,705
170 0606018F NC3 INTEGRATION................... 26,356 26,356
172 0101113F B-52 SQUADRONS.................... 520,023 481,623
.................................. CERP virtual prototype [-25,500]
contract delay.
.................................. No acquisition strategy for [-2,000]
AEHF.
.................................. Radar modernization program [-10,900]
contract delays.
173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433
174 0101126F B-1B SQUADRONS.................... 15,766 15,766
175 0101127F B-2 SQUADRONS..................... 187,399 187,399
176 0101213F MINUTEMAN SQUADRONS............... 116,569 116,569
177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235
COMMUNICATIONS.
178 0101324F INTEGRATED STRATEGIC PLANNING & 24,227 24,227
ANALYSIS NETWORK.
179 0101328F ICBM REENTRY VEHICLES............. 112,753 112,753
181 0102110F UH-1N REPLACEMENT PROGRAM......... 44,464 44,464
182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929
CENTER MODERNIZATION PROGRAM.
183 0102412F NORTH WARNING SYSTEM (NWS)........ 100 100
184 0205219F MQ-9 UAV.......................... 162,080 152,112
.................................. Tech insertion request [-9,968]
unjustified.
186 0207131F A-10 SQUADRONS.................... 24,535 24,535
187 0207133F F-16 SQUADRONS.................... 223,437 223,437
188 0207134F F-15E SQUADRONS................... 298,908 298,908
189 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 14,960 14,960
190 0207138F F-22A SQUADRONS................... 665,038 648,938
.................................. Software delays............... [-16,100]
191 0207142F F-35 SQUADRONS.................... 132,229 129,629
.................................. Unjustified USAF ALIS unique [-2,600]
funding.
192 0207146F F-15EX............................ 159,761 159,761
193 0207161F TACTICAL AIM MISSILES............. 19,417 19,417
194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,799 51,799
MISSILE (AMRAAM).
195 0207227F COMBAT RESCUE--PARARESCUE......... 669 669
196 0207247F AF TENCAP......................... 21,644 21,644
197 0207249F PRECISION ATTACK SYSTEMS 9,261 9,261
PROCUREMENT.
198 0207253F COMPASS CALL...................... 15,854 15,854
199 0207268F AIRCRAFT ENGINE COMPONENT 95,896 95,896
IMPROVEMENT PROGRAM.
200 0207325F JOINT AIR-TO-SURFACE STANDOFF 70,792 70,792
MISSILE (JASSM).
201 0207410F AIR & SPACE OPERATIONS CENTER 51,187 51,187
(AOC).
202 0207412F CONTROL AND REPORTING CENTER (CRC) 16,041 16,041
203 0207417F AIRBORNE WARNING AND CONTROL 138,303 138,303
SYSTEM (AWACS).
204 0207418F AFSPECWAR--TACP................... 4,223 4,223
206 0207431F COMBAT AIR INTELLIGENCE SYSTEM 16,564 16,564
ACTIVITIES.
207 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,858 7,858
C4I.
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 12,906 12,906
210 0207452F DCAPES............................ 14,816 14,816
211 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,970 1,970
212 0207573F NATIONAL TECHNICAL NUCLEAR 396 396
FORENSICS.
213 0207590F SEEK EAGLE........................ 29,680 29,680
214 0207601F USAF MODELING AND SIMULATION...... 17,666 17,666
215 0207605F WARGAMING AND SIMULATION CENTERS.. 6,353 6,353
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 6,827 6,827
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390
218 0208006F MISSION PLANNING SYSTEMS.......... 91,768 91,768
219 0208007F TACTICAL DECEPTION................ 2,370 0
.................................. Ahead of need................. [-2,370]
220 0208064F OPERATIONAL HQ--CYBER............. 5,527 5,527
221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 15,165 15,165
223 0208097F JOINT CYBER COMMAND AND CONTROL 38,480 38,480
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 84,645 84,645
230 0301025F GEOBASE........................... 2,767 2,767
231 0301112F NUCLEAR PLANNING AND EXECUTION 32,759 32,759
SYSTEM (NPES).
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,904 2,904
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 3,468 3,468
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 44,722
COMMUNICATIONS NETWORK (MEECN).
.................................. Acquisition strategy for GASNT [-14,215]
Inc 2.
.................................. CVR increment 2 schedule [-2,950]
delays.
242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346
INITIATIVE.
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 128,110
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,042 4,042
251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 19,265 19,265
DVMT (IMAD).
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,645 4,645
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 384 384
255 0305111F WEATHER SERVICE................... 23,640 30,640
.................................. Commercial weather pilot...... [7,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 6,553 6,553
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 449 449
260 0305128F SECURITY AND INVESTIGATIVE 432 432
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 4,890 4,890
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864
265 0305202F DRAGON U-2........................ 18,660 36,660
.................................. Air Force requested transfer [18,000]
from line 267.
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 121,512
.................................. Air Force requested transfer [-18,000]
to line 265.
.................................. Gorgon Stare Wide Area Motion [10,000]
Imagery program increase.
.................................. Sensor Open Systems [8,000]
Architecture.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,711 14,711
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 14,152 14,152
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 134,589 134,589
271 0305221F NETWORK-CENTRIC COLLABORATIVE 15,049 15,049
TARGETING.
272 0305238F NATO AGS.......................... 36,731 36,731
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 33,547 33,547
274 0305600F INTERNATIONAL INTELLIGENCE 13,635 17,315
TECHNOLOGY AND ARCHITECTURES.
.................................. PDI: Mission Partner [3,680]
Environment BICES-X Project
675898.
275 0305881F RAPID CYBER ACQUISITION........... 4,262 4,262
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,207 2,207
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,277 6,277
278 0401115F C-130 AIRLIFT SQUADRON............ 41,973 41,973
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 32,560 32,560
280 0401130F C-17 AIRCRAFT (IF)................ 9,991 9,991
281 0401132F C-130J PROGRAM.................... 10,674 10,674
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,507 5,507
(LAIRCM).
283 0401218F KC-135S........................... 4,591 4,591
286 0401318F CV-22............................. 18,419 18,419
288 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 7,673 7,673
290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513
SYSTEM.
291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 31,525
(LOGIT).
.................................. Prior year carryover.......... [-3,700]
292 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 11,838 11,838
293 0804743F OTHER FLIGHT TRAINING............. 1,332 1,332
295 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,092 2,092
296 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,869 3,869
297 0901220F PERSONNEL ADMINISTRATION.......... 1,584 1,584
298 0901226F AIR FORCE STUDIES AND ANALYSIS 1,197 1,197
AGENCY.
299 0901538F FINANCIAL MANAGEMENT INFORMATION 7,006 7,006
SYSTEMS DEVELOPMENT.
300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,638 45,638
SYS (DEAMS).
301 1201017F GLOBAL SENSOR INTEGRATED ON 1,889 0
NETWORK (GSIN).
.................................. Transfer to Space Force....... [-1,889]
302 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 993 993
ACTIVITIES.
303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999
ACTIVITIES.
314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 0
.................................. Transfer to RD,SF line 41B.... [-16,810]
316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 0
.................................. Transfer to RD,SF line 41A.... [-2,687]
318 1203906F NCMC--TW/AA SYSTEM................ 6,990 0
.................................. Transfer to RD,SF line 41C.... [-6,990]
322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,217,856
.................................. Classified adjustment......... [-560,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 20,816,681
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -649,999
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 36,639,037
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 130,874 146,874
.................................. Rapid development of low-cost, [10,000]
small satellite technology.
.................................. Small satellite mission [6,000]
operations center.
.................................. SUBTOTAL APPLIED RESEARCH...... 130,874 146,874
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 380,704
(USER EQUIPMENT) (SPACE).
.................................. MGUE program slip............. [-10,000]
003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 131,000
004 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 83,384 83,384
005 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 33,359 33,359
006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 151,595
TRANSITIONS (SSPT).
.................................. Transfer from RD,AF line 74... [8,787]
007 1206438SF SPACE CONTROL TECHNOLOGY.......... 35,575 35,575
008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390
SERVICE (PTES).
.................................. Unjustified growth............ [-5,000]
009 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 205,178 200,178
.................................. Unjustified growth............ [-5,000]
010 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 71,395 71,395
011 1206857SF SPACE RAPID CAPABILITIES OFFICE... 103,518 103,518
011A 9999999999 SPACE SECURITY AND DEFENSE 56,311
PROGRAMS (SSDP).
.................................. Transfer from RDTE,AF line 77. [56,311]
.................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,356,409
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 255,496
.................................. Execution lagging............. [-8,000]
013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897
OPERATIONS.
014 1206421SF COUNTERSPACE SYSTEMS.............. 54,689 54,689
015 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 2,526 2,526
016 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 173,074 173,074
017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 128,257
.................................. Program delays................ [-10,000]
018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235
019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,318,864
020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 650,978
PROGRAM (SPACE)--EMD.
.................................. NSSL Phase 3 integration [90,000]
activities program.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,816,016
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
021 1206116SF SPACE TEST AND TRAINING RANGE 20,281 20,281
DEVELOPMENT.
022 1206392SF ACQ WORKFORCE--SPACE & MISSILE 183,930 183,930
SYSTEMS.
023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765
MHA.
024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 17,993
(SPACE).
024A 9999999999 TACTICALLY RESPONSIVE LAUNCH...... 5,000
.................................. Program increase.............. [5,000]
025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 263,510
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597
NETWORK (GSIN).
.................................. Transfer from Air Force....... [1,889]
027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 234,729
(FAB-T).
.................................. Prior year carryover.......... [-12,500]
028 1203110SF SATELLITE CONTROL NETWORK (SPACE). 75,480 60,480
.................................. Program decrease.............. [-15,000]
029 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,984 1,984
(SPACE AND CONTROL SEGMENTS).
030 1203173SF SPACE AND MISSILE TEST AND 4,397 4,397
EVALUATION CENTER.
031 1203174SF SPACE INNOVATION, INTEGRATION AND 44,746 39,746
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Underexecution................ [-5,000]
032 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,020 16,020
.................................. Space launch range services [5,000]
and capabilities.
033 1203265SF GPS III SPACE SEGMENT............. 10,777 10,777
034 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 28,179 28,179
035 1203913SF NUDET DETECTION SYSTEM (SPACE).... 29,157 29,157
036 1203940SF SPACE SITUATION AWARENESS 44,809 40,809
OPERATIONS.
.................................. Underexecution................ [-4,000]
037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 416,999
OPERATIONAL CONTROL SEGMENT.
.................................. Funds available prioritized to [-65,000]
other space missions.
041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791
041A 9999999999 NATIONAL SPACE DEFENSE CENTER 2,687
(NSDC).
.................................. Transfer from RDTE,AF line 316 [2,687]
041B 9999999999 SPACE SUPERIORITY INTELLIGENCE 16,810
(SSI).
.................................. Transfer from RDTE,AF line 314 [16,810]
041C 9999999999 NCMC--TW/AA SYSTEM................ 6,990
.................................. Transfer from RDTE,AF line 318 [6,990]
041D 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866
.................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,665,018
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -68,124
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 164,742
.................................. Commercial space situational [20,000]
awareness.
.................................. Unjustified increase.......... [-5,000]
.................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 164,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,412,569
TEST & EVAL, SPACE FORCE.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 14,617 14,617
002 0601101E DEFENSE RESEARCH SCIENCES......... 479,958 479,958
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 67,565
.................................. DEPSCoR....................... [15,000]
.................................. Restore Minerva research [17,000]
initiative.
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 102,241
.................................. Civics education pilot........ [2,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 57,975
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace education, research, [2,000]
and innovation activities.
.................................. HBCU/Minority Institutions.... [5,000]
.................................. Program increase.............. [20,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 760,386 821,386
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 19,409
009 0602115E BIOMEDICAL TECHNOLOGY............. 107,568 107,568
011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 35,000 35,000
012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080
PROGRAM.
013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 54,335
ADVANCEMENT OF S&T PRIORITIES.
.................................. Excess growth................. [-6,387]
014 0602303E INFORMATION & COMMUNICATIONS 435,920 423,920
TECHNOLOGY.
.................................. Program decrease.............. [-12,000]
015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950
016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 201,807
PROGRAM.
017 0602668D8Z CYBER SECURITY RESEARCH........... 15,255 15,255
018 0602702E TACTICAL TECHNOLOGY............... 233,271 233,271
019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107
TECHNOLOGY.
020 0602716E ELECTRONICS TECHNOLOGY............ 322,693 322,693
021 0602718BR COUNTER WEAPONS OF MASS 174,571 174,571
DESTRUCTION APPLIED RESEARCH.
022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573
(SEI) APPLIED RESEARCH.
023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 52,464
.................................. START research consortium of [5,000]
excellence for irregular
warfare and advanced analytics.
.................................. Sustained Human Performance [5,000]
and Resilience.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,968,003
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920
TECHNOLOGY.
025 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,914 4,914
026 0603122D8Z COMBATING TERRORISM TECHNOLOGY 51,089 51,089
SUPPORT.
027 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,183 25,183
029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 14,910
ASSESSMENT.
032 0603180C ADVANCED RESEARCH................. 18,687 18,687
033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873
DEVELOPMENT.
034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 220,978
.................................. OpFires lack of transition [-10,000]
pathway.
035 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 158,439 158,439
036 0603288D8Z ANALYTIC ASSESSMENTS.............. 23,775 23,775
037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 36,524 36,524
CONCEPTS.
038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,703 14,703
CONCEPTS--MHA.
039 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 11,058 11,058
040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 123,673
PROTOTYPING.
.................................. Lack of hypersonic prototype [-19,702]
coordination efforts.
.................................. Stratospheric balloon research [10,000]
042 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 26,141 26,141
043 0603375D8Z TECHNOLOGY INNOVATION............. 27,709 27,709
044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001
PROGRAM--ADVANCED DEVELOPMENT.
045 0603527D8Z RETRACT LARCH..................... 130,283 130,283
046 0603618D8Z JOINT ELECTRONIC ADVANCED 15,164 15,164
TECHNOLOGY.
047 0603648D8Z JOINT CAPABILITY TECHNOLOGY 85,452 85,452
DEMONSTRATIONS.
048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882
CAPABILITIES.
049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 135,817
AND TECHNOLOGY PROGRAM.
.................................. Accelerating rapid prototyping [5,000]
by integrating high
performance computing and
advanced manufacturing.
.................................. Additive manufacturing [2,000]
training.
.................................. Advanced structural [25,000]
manufacturing technologies.
.................................. Flexible hybrid electronics... [5,000]
.................................. Hypersonic thermal management [5,000]
research.
050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 55,025
.................................. Defense supply chain [5,000]
technologies.
.................................. Steel performance initiative.. [10,000]
052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235
DEMONSTRATIONS.
053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 108,862
PROGRAM.
.................................. AFFF replacement.............. [25,000]
.................................. PFAS Innovation Award Fund.... [5,000]
.................................. PFAS remediation and disposal [25,000]
technology.
054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 131,049
DEVELOPMENT AND SUPPORT.
.................................. MGUE--DLA requested transfer [7,000]
from P,DW line 23.
055 0603727D8Z JOINT WARFIGHTING PROGRAM......... 3,871 3,871
056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 95,864 95,864
057 0603760E COMMAND, CONTROL AND 221,724 221,724
COMMUNICATIONS SYSTEMS.
058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 646,158
.................................. Lack of coordination.......... [-10,000]
.................................. Unjustified increase.......... [-5,000]
059 0603767E SENSOR TECHNOLOGY................. 200,220 200,220
060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765
TECHNOLOGY DEVELOPMENT.
061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 12,598 12,598
064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 92,270
TECHNOLOGY PROGRAM.
.................................. Excess growth................. [-13,140]
065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 154,365
TECHNOLOGY.
.................................. Directed energy test workloads
.................................. Excess growth electronic [-32,700]
warfare test.
066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000
NETWORK.
.................................. Restore program............... [40,000]
067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000
IMPROVEMENT.
.................................. Program increase.............. [65,000]
070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 89,072
DEVELOPMENT.
071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,732,334
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
072 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 32,636 32,636
SECURITY EQUIPMENT RDT&E ADC&P.
073 0603600D8Z WALKOFF........................... 106,529 106,529
075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 98,345
CERTIFICATION PROGRAM.
.................................. AFFF replacement.............. [10,000]
.................................. PFAS remediation and disposal [25,000]
technology.
.................................. Program increase.............. [2,000]
076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 412,627 312,627
DEFENSE SEGMENT.
.................................. Insufficient justification-- [-100,000]
homeland defense underlay.
077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 924,305
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified cost growth....... [-80,000]
078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 76,167
PROGRAM--DEM/VAL.
079 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 281,957 281,957
080 0603890C BMD ENABLING PROGRAMS............. 599,380 599,380
081 0603891C SPECIAL PROGRAMS--MDA............. 420,216 420,216
082 0603892C AEGIS BMD......................... 814,936 775,266
.................................. Insufficient justification [-39,670]
Aegis underlay and unjustified
cost growth.
083 0603896C BALLISTIC MISSILE DEFENSE COMMAND 593,353 593,353
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
084 0603898C BALLISTIC MISSILE DEFENSE JOINT 49,560 49,560
WARFIGHTER SUPPORT.
085 0603904C MISSILE DEFENSE INTEGRATION & 55,356 55,356
OPERATIONS CENTER (MDIOC).
086 0603906C REGARDING TRENCH.................. 11,863 11,863
087 0603907C SEA BASED X-BAND RADAR (SBX)...... 118,318 118,318
088 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
089 0603914C BALLISTIC MISSILE DEFENSE TEST.... 378,302 378,302
090 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 536,133 536,133
092 0603923D8Z COALITION WARFARE................. 10,129 10,129
093 0604011D8Z NEXT GENERATION INFORMATION 449,000 430,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program decrease for Restoring [-19,000]
S&T.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325
PROGRAM.
095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 109,389
.................................. Restore DPAL Effort........... [42,000]
098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832
099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 702,008
.................................. Micro nuclear reactors........ [50,000]
.................................. Program decrease.............. [-78,500]
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 102,023 82,023
.................................. Program decrease for Restoring [-20,000]
S&T.
102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 13,255 16,255
PROTOTYPING.
.................................. Talent optimization pilot [3,000]
program.
103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604672C HOMELAND DEFENSE RADAR--HAWAII 65,000
(HDR-H).
.................................. Continue radar development and [65,000]
siting efforts.
107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 19,190 19,190
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 664,138 450,138
INTERCEPTORS.
.................................. NGI contract delays........... [-214,000]
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 7,768 7,768
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 170,880 95,880
.................................. Unjustified cost growth....... [-75,000]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 76,456 76,456
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 56,628 56,628
116 0604887C BALLISTIC MISSILE DEFENSE 67,071 67,071
MIDCOURSE SEGMENT TEST.
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,198 2,198
SYSTEMS.
119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 997 997
(JET) PROGRAM.
120 0305103C CYBER SECURITY INITIATIVE......... 1,148 1,148
121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 195,994
PROTOTYPING.
.................................. HBTSS--transfer to 1206895C... [-20,000]
122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144
SYSTEM.
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 32,068 152,068
SPACE PROGRAMS.
.................................. HBTSS--transfer from [20,000]
1206410SDA.
.................................. HBTSS sensor payload [100,000]
development.
.................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,087,542
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 7,173 7,173
SECURITY EQUIPMENT RDT&E SDD.
126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 324,976
PROGRAM--EMD.
.................................. Decontamination technologies [5,000]
for civilian pandemic
preparedness.
127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985
DISTRIBUTION SYSTEM (JTIDS).
128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650
DESTRUCTION SYSTEMS DEVELOPMENT.
129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,441 1,441
130 0605021SE HOMELAND PERSONNEL SECURITY 7,287 7,287
INITIATIVE.
131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 12,928 12,928
132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 10,259 10,259
133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 1,377 1,377
AND DEMONSTRATION.
134 0605075D8Z CMO POLICY AND INTEGRATION........ 1,648 1,648
135 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 20,537 20,537
FINANCIAL SYSTEM.
136 0605090S DEFENSE RETIRED AND ANNUITANT PAY 1,638 1,638
SYSTEM (DRAS).
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 8,279 8,279
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 107,585 107,585
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,685 3,685
COMMUNICATIONS.
143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 3,275 3,275
MANAGEMENT (EEIM).
144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,585 20,585
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 608,808
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
145 0603829J JOINT CAPABILITY EXPERIMENTATION.. 11,239 11,239
146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,793 9,793
(DRRS).
147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497
DEVELOPMENT.
148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 427,451
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Telemetry range extension wave [5,000]
glider relay.
149 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 18,379 18,379
150 0605001E MISSION SUPPORT................... 74,334 74,334
151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046
CAPABILITY (JMETC).
153 0605126J JOINT INTEGRATED AIR AND MISSILE 50,255 50,255
DEFENSE ORGANIZATION (JIAMDO).
155 0605142D8Z SYSTEMS ENGINEERING............... 49,376 49,376
156 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,777 5,777
157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 13,991
.................................. Excess growth................. [-2,561]
158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582
INFORMATION INTEGRATION.
159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940
(INTELLIGENCE).
160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 122,951 122,951
PROGRAM.
167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,582 3,582
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 29,566 29,566
169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 24,059
.................................. Excess growth................. [-5,000]
170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 57,716
CENTER (DTIC).
.................................. Program decrease.............. [-1,653]
171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 29,420 29,420
TESTING AND EVALUATION.
172 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,198 27,198
173 0605898E MANAGEMENT HQ--R&D................ 13,434 13,434
174 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 2,837 2,837
INFORMATION CENTER (DTIC).
175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 13,173 13,173
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,200 3,200
ANALYSIS.
177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 999 999
DEVELOPMENT SUPPORT.
180 0203345D8Z DEFENSE OPERATIONS SECURITY 3,099 3,099
INITIATIVE (DOSI).
181 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 3,058 3,058
182 0208045K C4I INTEROPERABILITY.............. 59,813 59,813
185 0303140SE INFORMATION SYSTEMS SECURITY 1,112 1,112
PROGRAM.
186 0303166J SUPPORT TO INFORMATION OPERATIONS 545 545
(IO) CAPABILITIES.
187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,036 1,036
OFFICE (DMDPO).
188 0305172K COMBINED ADVANCED APPLICATIONS.... 30,824 30,824
190 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,048 3,048
SYSTEMS.
194 0804768J COCOM EXERCISE ENGAGEMENT AND 31,125 31,125
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
195 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
196 0901598C MANAGEMENT HQ--MDA................ 26,902 26,902
197 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,138 3,138
198A 9999999999 CLASSIFIED PROGRAMS............... 41,583 41,583
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,293,178
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 14,378 14,378
200 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 132,058 132,058
201 0605127T REGIONAL INTERNATIONAL OUTREACH 1,986 1,986
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 316 316
SHARED INFORMATION SYSTEM
(OHASIS).
203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 90,151
SUSTAINMENT SUPPORT.
.................................. Advanced machine tool research [20,000]
.................................. Cold spray manufacturing [5,000]
technologies.
.................................. Domestic organic light [5,000]
emitting diode microdisplay
manufacturing.
.................................. Domestic tungsten............. [5,000]
.................................. Manufacturing for reuse of [6,000]
NdFeB magnets.
.................................. Program increase.............. [15,000]
.................................. Submarine workforce [20,000]
development and training.
.................................. Ultra-hard armor.............. [5,000]
204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 19,082 19,082
DEVELOPMENT.
205 0607327T GLOBAL THEATER SECURITY 3,992 3,992
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 39,530 39,530
(OPERATIONAL SYSTEMS DEVELOPMENT).
207 0208043J PLANNING AND DECISION AID SYSTEM 3,039 3,039
(PDAS).
212 0302019K DEFENSE INFO INFRASTRUCTURE 16,324 16,324
ENGINEERING AND INTEGRATION.
213 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,884 11,884
214 0303131K MINIMUM ESSENTIAL EMERGENCY 5,560 5,560
COMMUNICATIONS NETWORK (MEECN).
215 0303136G KEY MANAGEMENT INFRASTRUCTURE 73,356 73,356
(KMI).
216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577
PROGRAM.
217 0303140G INFORMATION SYSTEMS SECURITY 356,713 394,713
PROGRAM.
.................................. GenCyber...................... [18,000]
.................................. Workforce Transformation Cyber [20,000]
Initiative Pilot Program.
218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922
PROGRAM.
219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 3,695 3,695
220 0303153K DEFENSE SPECTRUM ORGANIZATION..... 20,113 20,113
223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 9,728
(JRSS).
231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700
ACTIVITIES.
235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 6,301
.................................. Program decrease.............. [-843]
236 0305199D8Z NET CENTRICITY.................... 21,793 21,793
238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,066 6,066
SYSTEMS.
245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,190 2,190
TRANSFER PROGRAM.
252 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,654 1,654
253 0708012S PACIFIC DISASTER CENTERS.......... 1,785 1,785
254 0708047S DEFENSE PROPERTY ACCOUNTABILITY 7,301 7,301
SYSTEM.
256 1105219BB MQ-9 UAV.......................... 21,265 21,265
258 1160403BB AVIATION SYSTEMS.................. 230,812 230,812
259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 19,558 19,558
260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 146,041
.................................. Machine learning and AI [10,000]
technologies to enable
operational maneuver.
261 1160431BB WARRIOR SYSTEMS................... 59,511 58,333
.................................. MMP excess to need............ [-1,178]
262 1160432BB SPECIAL PROGRAMS.................. 10,500 7,500
.................................. Classified adjustment--excess [-3,000]
to need.
263 1160434BB UNMANNED ISR...................... 19,154 15,154
.................................. Underexecution................ [-4,000]
264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263
265 1160483BB MARITIME SYSTEMS.................. 59,882 56,882
.................................. DCS Block II studies [-3,000]
unjustified growth.
266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606
ACTIVITIES.
267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612
INTELLIGENCE.
268 1203610K TELEPORT PROGRAM.................. 3,239 3,239
268A 9999999999 CLASSIFIED PROGRAMS............... 4,746,466 4,746,466
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,278,925
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 101,676
SERVICES--SOFTWARE PILOT PROGRAM.
.................................. Unjustified increase.......... [-20,000]
270 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 16,848 16,848
PILOT PROGRAM.
271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 86,750 76,750
.................................. Program decrease.............. [-10,000]
272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 250,107
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 445,381
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 24,235,557
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 100,021 100,021
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 70,933 70,933
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 39,136 39,136
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 210,090 210,090
..................................
.................................. TOTAL OPERATIONAL TEST & 210,090 210,090
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 106,224,793 104,708,901
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ APPLIED RESEARCH
016 0602145A NEXT GENERATION 2,000 2,000
COMBAT VEHICLE
TECHNOLOGY.
................ SUBTOTAL 2,000 2,000
APPLIED
RESEARCH.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
080 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
114 0604785A INTEGRATED BASE 2,020 2,020
DEFENSE (BUDGET
ACTIVITY 4).
................ SUBTOTAL 2,520 2,520
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604741A AIR DEFENSE 27,000 27,000
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
159 0605035A COMMON INFRARED 2,300 2,300
COUNTERMEASURES
(CIRCM).
166 0605051A AIRCRAFT 64,625 64,625
SURVIVABILITY
DEVELOPMENT.
183 0304270A ELECTRONIC 3,900 3,900
WARFARE
DEVELOPMENT.
................ SUBTOTAL 97,825 97,825
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ MANAGEMENT
SUPPORT
198 0605709A EXPLOITATION OF 1,000 1,000
FOREIGN ITEMS.
209 0606003A COUNTERINTEL AND 4,137 4,137
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL 5,137 5,137
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0203802A OTHER MISSILE 2,300 2,300
PRODUCT
IMPROVEMENT
PROGRAMS.
248 0303028A SECURITY AND 23,367 23,367
INTELLIGENCE
ACTIVITIES.
257 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
258 0305206A AIRBORNE 15,575 15,575
RECONNAISSANCE
SYSTEMS.
................ SUBTOTAL 75,342 75,342
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 182,824 182,824
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
039 0603527N RETRACT LARCH... 36,500 36,500
058 0603654N JOINT SERVICE 14,461 14,461
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
063 0603734N CHALK CORAL..... 3,000 3,000
071 0603795N LAND ATTACK 1,457 1,457
TECHNOLOGY.
................ SUBTOTAL 55,418 55,418
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
142 0604755N SHIP SELF 1,144 1,144
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL 1,144 1,144
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
229 0206625M USMC 3,000 3,000
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
................ SUBTOTAL 3,000 3,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 59,562 59,562
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ UNDISTRIBUTED
185 0205671F JOINT COUNTER 4,080 4,080
RCIED
ELECTRONIC
WARFARE.
228 0208288F INTEL DATA 1,224 1,224
APPLICATIONS.
................ SUBTOTAL 5,304 5,304
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 5,304 5,304
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................ APPLIED RESEARCH
010 0602134BR COUNTER 3,699 3,699
IMPROVISED-
THREAT ADVANCED
STUDIES.
................ SUBTOTAL 3,699 3,699
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
026 0603122D8Z COMBATING 19,288 19,288
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603134BR COUNTER 3,861 3,861
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 23,149 23,149
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
097 0604134BR COUNTER 19,931 19,931
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 19,931 19,931
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
260 1160408BB OPERATIONAL 1,186 1,186
ENHANCEMENTS.
261 1160431BB WARRIOR SYSTEMS. 5,796 5,796
263 1160434BB UNMANNED ISR.... 5,000 5,000
268A 9999999999 CLASSIFIED 24,057 24,057
PROGRAMS.
................ SUBTOTAL 36,039 36,039
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 82,818 82,818
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
................
................ TOTAL RDT&E 330,508 330,508
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES...... 159,834 149,534
Unjustified funding for [-10,300]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 663,751 661,938
Unjustified funding for [-1,813]
Dynamic Force Employment..
040 THEATER LEVEL ASSETS.......... 956,477 936,477
Unjustified growth........ [-20,000]
050 LAND FORCES OPERATIONS SUPPORT 1,157,635 1,157,635
060 AVIATION ASSETS............... 1,453,024 1,348,649
Unjustified funding for [-32,375]
Dynamic Force Employment..
Unjustified growth........ [-72,000]
070 FORCE READINESS OPERATIONS 4,713,660 4,673,660
SUPPORT......................
PDI: Army UFR INDOPACOM [45,000]
MDTF #1...................
Transfer to MP,A line 13.. [-10,000]
Unjustified growth........ [-75,000]
080 LAND FORCES SYSTEMS READINESS. 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE. 1,413,359 1,378,359
Unjustified growth........ [-35,000]
100 BASE OPERATIONS SUPPORT....... 8,220,093 8,340,093
Army Community Services... [30,000]
Child Youth Services [90,000]
program increase..........
110 FACILITIES SUSTAINMENT, 3,581,071 3,815,531
RESTORATION & MODERNIZATION..
Program increase.......... [234,460]
120 MANAGEMENT AND OPERATIONAL 411,844 411,844
HEADQUARTERS.................
160 US AFRICA COMMAND............. 239,387 277,887
Force protection upfrades-- [2,500]
personnel recovery/
casualty evacuation.......
Program increase-- [36,000]
personnel recovery and
casualty evacuation.......
170 US EUROPEAN COMMAND........... 160,761 160,761
180 US SOUTHERN COMMAND........... 197,826 197,826
190 US FORCES KOREA............... 65,152 65,152
200 CYBERSPACE ACTIVITIES-- 430,109 430,109
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 464,117 464,117
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 24,692,261 24,873,733
MOBILIZATION
220 STRATEGIC MOBILITY............ 402,236 402,236
230 ARMY PREPOSITIONED STOCKS..... 324,306 324,306
240 INDUSTRIAL PREPAREDNESS....... 3,653 3,653
SUBTOTAL MOBILIZATION..... 730,195 730,195
TRAINING AND RECRUITING
250 OFFICER ACQUISITION........... 165,142 165,142
260 RECRUIT TRAINING.............. 76,509 76,509
270 ONE STATION UNIT TRAINING..... 88,523 88,523
280 SENIOR RESERVE OFFICERS 535,578 535,578
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 981,436 981,436
300 FLIGHT TRAINING............... 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT 215,195 215,195
EDUCATION....................
320 TRAINING SUPPORT.............. 575,232 575,232
330 RECRUITING AND ADVERTISING.... 722,612 717,612
Unjustified growth........ [-5,000]
340 EXAMINING..................... 185,522 185,522
350 OFF-DUTY AND VOLUNTARY 221,503 221,503
EDUCATION....................
360 CIVILIAN EDUCATION AND 154,651 154,651
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,286 173,286
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,299,957 5,294,957
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 491,926 491,926
400 CENTRAL SUPPLY ACTIVITIES..... 812,613 812,613
410 LOGISTIC SUPPORT ACTIVITIES... 676,178 676,178
420 AMMUNITION MANAGEMENT......... 437,774 437,774
430 ADMINISTRATION................ 438,048 438,048
440 SERVICEWIDE COMMUNICATIONS.... 1,638,872 1,618,872
Unjustified growth........ [-20,000]
450 MANPOWER MANAGEMENT........... 300,046 300,046
460 OTHER PERSONNEL SUPPORT....... 701,103 701,103
470 OTHER SERVICE SUPPORT......... 1,887,133 1,886,133
Excess personnel increase. [-4,000]
Servicewoman's [3,000]
Commemorative Partnership.
480 ARMY CLAIMS ACTIVITIES........ 195,291 195,291
490 REAL ESTATE MANAGEMENT........ 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT 306,370 306,370
READINESS....................
510 INTERNATIONAL MILITARY 373,030 373,030
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 32,719 32,719
565 CLASSIFIED PROGRAMS........... 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE 9,590,555 9,569,555
ACTIVITIES................
UNDISTRIBUTED
570 UNDISTRIBUTED................. -395,600
COVID-related ops/training [-258,300]
slowdown..................
Foreign Currency [-137,300]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -395,600
TOTAL OPERATION & 40,312,968 40,072,840
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 10,784 10,784
020 ECHELONS ABOVE BRIGADE........ 530,425 530,425
030 THEATER LEVEL ASSETS.......... 123,737 123,737
040 LAND FORCES OPERATIONS SUPPORT 589,582 579,582
Unjustified growth........ [-8,400]
Unjustified personnel [-1,600]
growth....................
050 AVIATION ASSETS............... 89,332 89,332
060 FORCE READINESS OPERATIONS 387,545 387,545
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 97,569 97,569
080 LAND FORCES DEPOT MAINTENANCE. 43,148 43,148
090 BASE OPERATIONS SUPPORT....... 587,098 587,098
100 FACILITIES SUSTAINMENT, 327,180 333,239
RESTORATION & MODERNIZATION..
Program increase for [6,059]
additional facility
requirements..............
110 MANAGEMENT AND OPERATIONAL 28,783 28,783
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,745 2,745
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,438 7,438
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 2,825,366 2,821,425
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 15,530 15,530
150 ADMINISTRATION................ 17,761 17,761
160 SERVICEWIDE COMMUNICATIONS.... 14,256 14,256
170 MANPOWER MANAGEMENT........... 6,564 6,564
180 RECRUITING AND ADVERTISING.... 55,240 55,240
SUBTOTAL ADMIN & SRVWD 109,351 109,351
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -33,500
COVID-related ops/training [-33,500]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -33,500
TOTAL OPERATION & 2,934,717 2,897,276
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 769,449 769,449
020 MODULAR SUPPORT BRIGADES...... 204,604 204,604
030 ECHELONS ABOVE BRIGADE........ 812,072 812,072
040 THEATER LEVEL ASSETS.......... 103,650 101,150
Insufficient justification [-2,500]
050 LAND FORCES OPERATIONS SUPPORT 32,485 32,485
060 AVIATION ASSETS............... 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS 712,881 712,881
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 47,732 47,732
090 LAND FORCES DEPOT MAINTENANCE. 265,408 265,408
100 BASE OPERATIONS SUPPORT....... 1,106,704 1,106,704
110 FACILITIES SUSTAINMENT, 876,032 892,254
RESTORATION & MODERNIZATION..
Program increase for [16,222]
additional facility
requirements..............
120 MANAGEMENT AND OPERATIONAL 1,050,257 1,050,257
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 7,998 8,998
CYBERSPACE OPERATIONS........
Program increase--cyber [1,000]
security training center..
140 CYBERSPACE ACTIVITIES-- 7,756 7,756
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,008,170 7,022,892
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 8,018 8,018
160 ADMINISTRATION................ 74,309 74,309
170 SERVICEWIDE COMMUNICATIONS.... 66,140 66,140
180 MANPOWER MANAGEMENT........... 9,087 9,087
190 OTHER PERSONNEL SUPPORT....... 251,714 251,714
200 REAL ESTATE MANAGEMENT........ 2,576 2,576
SUBTOTAL ADMIN & SRVWD 411,844 411,844
ACTIVITIES................
UNDISTRIBUTED
220 UNDISTRIBUTED................. -66,100
COVID-related ops/training [-66,100]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -66,100
TOTAL OPERATION & 7,420,014 7,368,636
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,738,746 5,373,746
OPERATIONS...................
Transfer to OCO........... [-300,000]
Unjustified increase...... [-65,000]
020 FLEET AIR TRAINING............ 2,213,673 2,163,673
Restoration of [-50,000]
Congressional mark........
030 AVIATION TECHNICAL DATA & 57,144 57,144
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 171,949 171,949
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 838,767 834,067
Restoration of [-4,700]
Congressional mark........
060 AIRCRAFT DEPOT MAINTENANCE.... 1,459,447 1,454,447
Unjustified growth........ [-5,000]
070 AIRCRAFT DEPOT OPERATIONS 57,789 57,789
SUPPORT......................
080 AVIATION LOGISTICS............ 1,264,665 1,234,665
Restoration of [-30,000]
Congressional mark........
100 SHIP OPERATIONS SUPPORT & 1,117,067 1,107,067
TRAINING.....................
Unjustified increase...... [-10,000]
110 SHIP DEPOT MAINTENANCE........ 7,859,104 7,859,104
120 SHIP DEPOT OPERATIONS SUPPORT. 2,262,196 2,242,196
Unjustified increase...... [-13,000]
Unjustified personnel [-7,000]
growth....................
125 SHIPYARD INFRASTRUCTURE 90,000
OPTIMIZATION PLAN............
Realignment from [90,000]
Sustainment, Readiness,
and Modernization.........
130 COMBAT COMMUNICATIONS AND 1,521,360 1,502,360
ELECTRONIC WARFARE...........
Unjustified increase...... [-19,000]
140 SPACE SYSTEMS AND SURVEILLANCE 274,087 274,087
150 WARFARE TACTICS............... 741,609 741,609
160 OPERATIONAL METEOROLOGY AND 401,382 401,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,546,273 936,273
Restoration of [-60,000]
Congressional mark........
Transfer to OCO........... [-550,000]
180 EQUIPMENT MAINTENANCE AND 177,951 177,951
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 61,484 66,084
OPERATIONS...................
PDI: Asia-Pacific Regional [4,600]
Initiative................
200 COMBATANT COMMANDERS DIRECT 102,330 110,630
MISSION SUPPORT..............
PDI: Indo-Pacific Counter- [2,000]
Terrorism Information
Facility..................
PDI: Indo-Pacific Special [6,300]
Operations Joint Task
Force.....................
210 MILITARY INFORMATION SUPPORT 8,810 8,810
OPERATIONS...................
220 CYBERSPACE ACTIVITIES......... 567,496 567,496
230 FLEET BALLISTIC MISSILE....... 1,428,102 1,428,102
240 WEAPONS MAINTENANCE........... 995,762 950,762
Restoration of [-45,000]
Congressional mark........
250 OTHER WEAPON SYSTEMS SUPPORT.. 524,008 524,008
260 ENTERPRISE INFORMATION........ 1,229,056 1,204,056
Program decrease.......... [-5,000]
Restoration of [-20,000]
Congressional mark........
270 SUSTAINMENT, RESTORATION AND 3,453,099 3,454,793
MODERNIZATION................
Navy requested transfer [27,748]
from RDTE,N line 184......
Program increase for [63,946]
additional facility
requirements..............
Realignment to Shipyard [-90,000]
Infrastructure
Optimization Plan.........
280 BASE OPERATING SUPPORT........ 4,627,966 4,603,966
Restoration of [-24,000]
Congressional mark........
SUBTOTAL OPERATING FORCES. 40,701,322 39,598,216
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 849,993 657,900
Realignment to National [-314,193]
Defense Sealift Fund......
Restoration of [-20,000]
Congressional mark........
Strategic sealift (MSC [57,000]
surge) annual operating
result loss...............
Surge sealift readiness... [85,100]
300 READY RESERVE FORCE........... 436,029 376,029
Acquisition and conversion [60,000]
of additional used vessels
Realignment to National [-120,000]
Defense Sealift Fund......
310 SHIP ACTIVATIONS/INACTIVATIONS 286,416 258,416
Restoration of [-28,000]
Congressional mark........
320 EXPEDITIONARY HEALTH SERVICES 99,402 99,402
SYSTEMS......................
330 COAST GUARD SUPPORT........... 25,235 25,235
SUBTOTAL MOBILIZATION..... 1,697,075 1,416,982
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 186,117 186,117
350 RECRUIT TRAINING.............. 13,206 13,206
360 RESERVE OFFICERS TRAINING 163,683 163,683
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 947,841 930,841
Restoration of [-17,000]
Congressional mark........
380 PROFESSIONAL DEVELOPMENT 367,647 369,147
EDUCATION....................
Sea Cadets................ [1,500]
390 TRAINING SUPPORT.............. 254,928 254,928
400 RECRUITING AND ADVERTISING.... 206,305 206,305
410 OFF-DUTY AND VOLUNTARY 103,799 103,799
EDUCATION....................
420 CIVILIAN EDUCATION AND 66,060 66,060
TRAINING.....................
430 JUNIOR ROTC................... 56,276 56,276
SUBTOTAL TRAINING AND 2,365,862 2,350,362
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,249,410 1,203,410
Program decrease.......... [-13,000]
Restoration of [-33,000]
Congressional mark........
450 CIVILIAN MANPOWER AND 189,625 189,625
PERSONNEL MANAGEMENT.........
460 MILITARY MANPOWER AND 499,904 499,904
PERSONNEL MANAGEMENT.........
470 MEDICAL ACTIVITIES............ 196,747 196,747
480 SERVICEWIDE TRANSPORTATION.... 165,708 162,410
Unjustified funding for [-3,298]
Dynamic Force Employment..
500 PLANNING, ENGINEERING, AND 519,716 519,716
PROGRAM SUPPORT..............
510 ACQUISITION, LOGISTICS, AND 751,184 740,184
OVERSIGHT....................
Program decrease [-11,000]
unaccounted for...........
520 INVESTIGATIVE AND SECURITY 747,519 747,519
SERVICES.....................
625 CLASSIFIED PROGRAMS........... 608,670 608,670
SUBTOTAL ADMIN & SRVWD 4,928,483 4,868,185
ACTIVITIES................
UNDISTRIBUTED
770 UNDISTRIBUTED................. -126,000
COVID-related ops/training [-77,500]
slowdown..................
Foreign Currency [-48,500]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -126,000
TOTAL OPERATION & 49,692,742 48,107,745
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 941,143 517,464
Deactivation of 2X [-1,761]
companies.................
Insufficient justification [-10,300]
Transfer to OCO........... [-400,000]
Unit deactivation......... [-2,942]
Unjustified funding for [-8,676]
Dynamic Force Employment..
020 FIELD LOGISTICS............... 1,277,798 1,277,798
030 DEPOT MAINTENANCE............. 206,907 168,414
USMC-identified asset for [-38,493]
FY21 depot maintenance
workload..................
040 MARITIME PREPOSITIONING....... 103,614 103,614
050 CYBERSPACE ACTIVITIES......... 215,974 215,974
060 SUSTAINMENT, RESTORATION & 938,063 955,434
MODERNIZATION................
Program increase for [17,371]
additional facility
requirements..............
070 BASE OPERATING SUPPORT........ 2,264,680 2,365,680
Program increase.......... [101,000]
SUBTOTAL OPERATING FORCES. 5,948,179 5,604,378
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 20,751 20,751
090 OFFICER ACQUISITION........... 1,193 1,193
100 SPECIALIZED SKILL TRAINING.... 110,149 110,149
110 PROFESSIONAL DEVELOPMENT 69,509 69,509
EDUCATION....................
120 TRAINING SUPPORT.............. 412,613 412,613
130 RECRUITING AND ADVERTISING.... 215,464 215,464
140 OFF-DUTY AND VOLUNTARY 33,719 33,719
EDUCATION....................
150 JUNIOR ROTC................... 25,784 25,784
SUBTOTAL TRAINING AND 889,182 889,182
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 32,005 32,005
170 ADMINISTRATION................ 399,363 399,363
215 CLASSIFIED PROGRAMS........... 59,878 59,878
SUBTOTAL ADMIN & SRVWD 491,246 491,246
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. -34,200
COVID-related ops/training [-20,800]
slowdown..................
Foreign Currency [-13,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -34,200
TOTAL OPERATION & 7,328,607 6,950,606
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 635,070 632,070
OPERATIONS...................
Insufficient justification [-3,000]
020 INTERMEDIATE MAINTENANCE...... 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE.... 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS 398 398
SUPPORT......................
050 AVIATION LOGISTICS............ 27,284 27,284
070 COMBAT COMMUNICATIONS......... 17,894 17,894
080 COMBAT SUPPORT FORCES......... 132,862 132,862
090 CYBERSPACE ACTIVITIES......... 453 453
100 ENTERPRISE INFORMATION........ 26,073 26,073
110 SUSTAINMENT, RESTORATION AND 48,762 49,665
MODERNIZATION................
Program increase for [903]
additional facility
requirements..............
120 BASE OPERATING SUPPORT........ 103,580 103,580
SUBTOTAL OPERATING FORCES. 1,106,177 1,104,080
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,927 1,927
140 MILITARY MANPOWER AND 15,895 15,895
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 3,047 3,047
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 20,869 20,869
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. -12,700
COVID-related ops/training [-12,700]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -12,700
TOTAL OPERATION & 1,127,046 1,112,249
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 104,616 104,616
020 DEPOT MAINTENANCE............. 17,053 17,053
030 SUSTAINMENT, RESTORATION AND 41,412 42,179
MODERNIZATION................
Program increase for [767]
additional facility
requirements..............
040 BASE OPERATING SUPPORT........ 107,773 107,773
SUBTOTAL OPERATING FORCES. 270,854 271,621
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 13,802 13,802
SUBTOTAL ADMIN & SRVWD 13,802 13,802
ACTIVITIES................
UNDISTRIBUTED
70 UNDISTRIBUTED................. -2,500
COVID-related ops/training [-2,500]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -2,500
TOTAL OPERATION & 284,656 282,923
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 731,511 733,181
A-10 retention............ [1,670]
020 COMBAT ENHANCEMENT FORCES..... 1,275,485 1,272,985
Unjustified personnel [-2,500]
growth....................
030 AIR OPERATIONS TRAINING (OJT, 1,437,095 1,441,525
MAINTAIN SKILLS).............
A-10 retention............ [12,430]
Insufficient justification [-8,000]
040 DEPOT PURCHASE EQUIPMENT 117,375
MAINTENANCE..................
A-10 retention............ [65,575]
KC-10 aircraft retention.. [48,400]
KC-135 aircraft retention. [3,400]
050 FACILITIES SUSTAINMENT, 3,241,216 3,343,016
RESTORATION & MODERNIZATION..
Program increase.......... [101,800]
060 CYBERSPACE SUSTAINMENT........ 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT 1,508,342 1,524,227
AND SYSTEM SUPPORT...........
A-10 aircraft retention... [15,885]
080 FLYING HOUR PROGRAM........... 4,458,457 4,564,117
A-10 aircraft retention... [52,860]
KC-10 tanker divestment [16,200]
reversal..................
KC-135 tanker divestment [36,600]
reversal..................
090 BASE SUPPORT.................. 7,497,288 7,468,684
Insufficient justification [-22,000]
Unjustified funding for [-6,604]
Dynamic Force Employment..
100 GLOBAL C3I AND EARLY WARNING.. 849,842 871,642
Insufficient justification [-9,000]
PDI: Mission Partner [30,800]
Environment implementation
110 OTHER COMBAT OPS SPT PROGRAMS. 1,067,055 868,476
Program decrease [-3,000]
unaccounted for...........
Realignment from Base to [-195,579]
OCO.......................
120 CYBERSPACE ACTIVITIES......... 698,579 698,579
150 SPACE CONTROL SYSTEMS......... 34,194 34,194
160 US NORTHCOM/NORAD............. 204,268 204,268
170 US STRATCOM................... 526,809 526,809
180 US CYBERCOM................... 314,524 314,524
190 US CENTCOM.................... 186,116 186,116
200 US SOCOM...................... 9,881 9,881
210 US TRANSCOM................... 1,046 1,046
230 USSPACECOM.................... 249,022 249,022
235 CLASSIFIED PROGRAMS........... 1,289,339 1,289,339
SUBTOTAL OPERATING FORCES. 25,815,885 25,954,822
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,350,031 1,150,031
Realignment from Base to [-200,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 647,168 647,168
SUBTOTAL MOBILIZATION..... 1,997,199 1,797,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 142,548 142,548
270 RECRUIT TRAINING.............. 25,720 25,720
280 RESERVE OFFICERS TRAINING 128,295 128,295
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 417,335 417,335
300 FLIGHT TRAINING............... 615,033 615,033
310 PROFESSIONAL DEVELOPMENT 298,795 298,795
EDUCATION....................
320 TRAINING SUPPORT.............. 85,844 85,844
330 RECRUITING AND ADVERTISING.... 155,065 155,065
340 EXAMINING..................... 4,474 4,474
350 OFF-DUTY AND VOLUNTARY 219,349 219,349
EDUCATION....................
360 CIVILIAN EDUCATION AND 361,570 358,570
TRAINING.....................
Insufficient justification [-3,000]
370 JUNIOR ROTC................... 72,126 72,126
SUBTOTAL TRAINING AND 2,526,154 2,523,154
RECRUITING................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES.. 145,130 145,130
400 ADMINISTRATION................ 851,251 829,251
Program decrease.......... [-22,000]
410 SERVICEWIDE COMMUNICATIONS.... 28,554 28,554
420 OTHER SERVICEWIDE ACTIVITIES.. 1,188,414 1,183,814
Program decrease.......... [-4,600]
430 CIVIL AIR PATROL.............. 28,772 43,205
Program increase.......... [14,433]
450 INTERNATIONAL SUPPORT......... 158,803 158,803
455 CLASSIFIED PROGRAMS........... 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD 4,411,359 4,399,192
ACTIVITIES................
UNDISTRIBUTED
550 UNDISTRIBUTED................. -225,800
COVID-related ops/training [-110,600]
slowdown..................
COVID-related throughput [-75,800]
carryover adjustment......
Foreign Currency [-39,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -225,800
TOTAL OPERATION & 34,750,597 34,448,567
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING.... 276,109 276,109
030 SPACE LAUNCH OPERATIONS....... 177,056 177,056
040 SPACE OPERATIONS.............. 475,338 475,338
050 EDUCATION & TRAINING.......... 18,660 18,660
060 SPECIAL PROGRAMS.............. 137,315 137,315
070 DEPOT MAINTENANCE............. 250,324 250,324
080 CONTRACTOR LOGISTICS & SYSTEM 1,063,969 1,063,969
SUPPORT......................
SUBTOTAL OPERATING FORCES. 2,398,771 2,398,771
ADMINISTRATION AND SERVICE
WIDE ACTIVITIES
090 ADMINISTRATION................ 132,523 123,523
Unjustified growth........ [-9,000]
SUBTOTAL ADMINISTRATION 132,523 123,523
AND SERVICE WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -8,000
COVID-related ops/training [-8,000]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -8,000
TOTAL OPERATION & 2,531,294 2,514,294
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,782,016 1,767,016
Insufficient justification [-15,000]
020 MISSION SUPPORT OPERATIONS.... 215,209 214,209
Insufficient justification [-1,000]
030 DEPOT PURCHASE EQUIPMENT 453,896 453,896
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 103,414 107,614
RESTORATION & MODERNIZATION..
Program increase for [4,200]
additional facility
requirements..............
050 CONTRACTOR LOGISTICS SUPPORT 224,977 224,977
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 452,468 452,468
070 CYBERSPACE ACTIVITIES......... 2,259 2,259
SUBTOTAL OPERATING FORCES. 3,234,239 3,222,439
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION................ 74,258 74,258
090 RECRUITING AND ADVERTISING.... 23,121 23,121
100 MILITARY MANPOWER AND PERS 12,006 12,006
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 6,165 6,165
COMP)........................
120 AUDIOVISUAL................... 495 495
SUBTOTAL ADMINISTRATION 116,045 116,045
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
130 UNDISTRIBUTED................. -30,300
COVID-related ops/training [-30,300]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -30,300
TOTAL OPERATION & 3,350,284 3,308,184
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,476,205 2,476,205
020 MISSION SUPPORT OPERATIONS.... 611,325 611,325
030 DEPOT PURCHASE EQUIPMENT 1,138,919 1,138,919
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 323,605 362,505
RESTORATION & MODERNIZATION..
Installation recovery..... [30,000]
Program increase for [8,900]
additional facility
requirements..............
050 CONTRACTOR LOGISTICS SUPPORT 1,100,828 1,100,828
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 962,438 962,438
070 CYBERSPACE SUSTAINMENT........ 27,028 27,028
080 CYBERSPACE ACTIVITIES......... 16,380 16,380
SUBTOTAL OPERATING FORCES. 6,656,728 6,695,628
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 48,218 48,218
100 RECRUITING AND ADVERTISING.... 48,696 45,696
Insufficient justification [-3,000]
SUBTOTAL ADMINISTRATION 96,914 93,914
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -44,300
COVID-related ops/training [-44,300]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -44,300
TOTAL OPERATION & 6,753,642 6,745,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 439,111 424,111
Insufficient justification [-15,000]
020 JOINT CHIEFS OF STAFF--CE2T2.. 535,728 535,728
030 JOINT CHIEFS OF STAFF--CYBER.. 24,728 24,728
040 SPECIAL OPERATIONS COMMAND 1,069,971 1,072,931
COMBAT DEVELOPMENT ACTIVITIES
SOCOM Syria exfiltration [2,960]
reconsitution.............
050 SPECIAL OPERATIONS COMMAND 9,800 9,800
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 561,907 555,907
INTELLIGENCE.................
DOMEX insufficient budget [-6,000]
justification.............
070 SPECIAL OPERATIONS COMMAND 685,097 705,814
MAINTENANCE..................
Program increase.......... [22,000]
Unjustified DCS growth.... [-1,283]
080 SPECIAL OPERATIONS COMMAND 158,971 158,971
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 1,062,748 1,062,748
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 2,598,385 2,583,952
THEATER FORCES...............
Flying hours program [-12,400]
excess to need............
Overestimation of civilian [-2,033]
personnel costs...........
SUBTOTAL OPERATING FORCES. 7,146,446 7,134,690
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 162,963 162,963
130 JOINT CHIEFS OF STAFF......... 95,684 95,684
140 PROFESSIONAL DEVELOPMENT 33,301 33,301
EDUCATION....................
SUBTOTAL TRAINING AND 291,948 291,948
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS....... 147,993 179,878
Innovative Readiness [16,885]
Training..................
Program increase--STARBASE [15,000]
180 DEFENSE CONTRACT AUDIT AGENCY. 604,835 623,835
Program increase--DWR [19,000]
reductions funding
restoration...............
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,282 3,282
CYBER........................
210 DEFENSE CONTRACT MANAGEMENT 1,370,681 1,412,681
AGENCY.......................
Restoration of DWR [42,000]
reductions................
220 DEFENSE CONTRACT MANAGEMENT 22,532 22,532
AGENCY--CYBER................
230 DEFENSE COUNTERINTELLIGENCE 949,008 949,008
AND SECURITY AGENCY..........
250 DEFENSE COUNTERINTELLIGENCE 9,577 9,577
AND SECURITY AGENCY--CYBER...
260 DEFENSE HUMAN RESOURCES 799,952 800,356
ACTIVITY.....................
Defense Flagship Language [13,404]
and Project Global Officer
program increase..........
Insufficient justification [-13,000]
270 DEFENSE HUMAN RESOURCES 20,806 20,806
ACTIVITY--CYBER..............
280 DEFENSE INFORMATION SYSTEMS 1,883,190 1,853,190
AGENCY.......................
JAIC insufficient [-30,000]
justification.............
290 DEFENSE INFORMATION SYSTEMS 582,639 577,939
AGENCY--CYBER................
JRSS SIPR funding......... [-4,700]
330 DEFENSE LEGAL SERVICES AGENCY. 37,637 37,637
340 DEFENSE LOGISTICS AGENCY...... 382,084 415,584
Maternity Uniform Pilot [10,000]
Program...................
Program increase--homeless [3,500]
blankets program..........
Program increase--PTAP.... [20,000]
350 DEFENSE MEDIA ACTIVITY........ 196,997 205,997
Stars and Stripes......... [9,000]
360 DEFENSE PERSONNEL ACCOUNTING 129,225 129,225
AGENCY.......................
370 DEFENSE SECURITY COOPERATION 598,559 588,559
AGENCY.......................
Unjustified growth for [-10,000]
Institute for Security
Governance................
400 DEFENSE TECHNOLOGY SECURITY 38,432 38,432
ADMINISTRATION...............
410 DEFENSE THREAT REDUCTION 591,780 591,780
AGENCY.......................
430 DEFENSE THREAT REDUCTION 24,635 24,635
AGENCY--CYBER................
440 DEPARTMENT OF DEFENSE 2,941,429 3,011,429
EDUCATION ACTIVITY...........
Impact Aid................ [50,000]
Impact Aid for children [20,000]
with disabilities.........
450 MISSILE DEFENSE AGENCY........ 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT. 40,272 134,272
Defense Community [50,000]
Infrastructure Program....
Guam Public Health [19,000]
Laboratory................
Military Aircraft Noise [5,000]
Mitigation................
Restoration of DWR [20,000]
reduction.................
490 OFFICE OF THE SECRETARY OF 1,540,446 1,588,696
DEFENSE......................
Additional FTEs, Office of [2,000]
the Deputy Assistant
Secretary for Environment.
Bien Hoa dioxin cleanup... [15,000]
CDC PFAS health assessment [15,000]
Cooperative program for [2,000]
Vietnam personnel MIA.....
DOD Congressional reports [1,000]
process modernization.....
FY20 NDAA Sec. 575 [2,750]
interstate spousal
licensing.................
JASON scientific advisory [3,000]
group.....................
National Security [2,500]
Commission on Artificial
Intelligence (NSCAI)......
Pilot program for cyber [2,500]
cooperation...............
Program increase-- [25,000]
Readiness and
Environmental Protection
Initiative................
Unjustified growth........ [-22,500]
500 OFFICE OF THE SECRETARY OF 51,630 51,630
DEFENSE--CYBER...............
510 SPACE DEVELOPMENT AGENCY...... 48,166 36,166
Reduction for studies..... [-7,000]
Unjustified growth........ [-5,000]
530 WASHINGTON HEADQUARTERS 340,291 333,291
SERVICES.....................
Insufficient justification [-7,000]
535 CLASSIFIED PROGRAMS........... 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE 31,210,685 31,495,024
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. -248,500
COVID-related ops/training [-229,800]
slowdown..................
Foreign Currency [-18,700]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -248,500
TOTAL OPERATION AND 38,649,079 38,673,162
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 15,211 15,211
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 15,211 15,211
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 15,211 15,211
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 58,181 108,181
DWR restore OSD-level [50,000]
acquisition workforce
activities................
SUBTOTAL ACQUISITION 58,181 108,181
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 58,181 108,181
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 109,900 109,900
DISASTER AND CIVIC AID.......
SUBTOTAL HUMANITARIAN 109,900 109,900
ASSISTANCE................
TOTAL OVERSEAS 109,900 109,900
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 238,490 360,190
Restoration of funding.... [121,700]
SUBTOTAL COOPERATIVE 238,490 360,190
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 238,490 360,190
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 207,518 207,518
ARMY.........................
SUBTOTAL DEPARTMENT OF THE 207,518 207,518
ARMY......................
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,932 335,932
NAVY.........................
SUBTOTAL DEPARTMENT OF THE 335,932 335,932
NAVY......................
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 303,926 303,926
FORCE........................
SUBTOTAL DEPARTMENT OF THE 303,926 303,926
AIR FORCE.................
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE......................
SUBTOTAL DEFENSE-WIDE..... 9,105 9,105
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 216,587 216,587
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 216,587 216,587
TOTAL ENVIRONMENTAL 1,073,068 1,073,068
RESTORATION..............
TOTAL OPERATION & 196,630,496 192,436,494
MAINTENANCE..............
UNDISTRIBUTED
010 UNDISTRIBUTED................. -1,711,780
Excessive standard price [-1,711,780]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -1,711,780
TOTAL UNDISTRIBUTED...... -1,711,780
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,114,001 3,862,628
Drawdown from Operation [-89,500]
Freedom's Sentinel........
Unjustified funding for [-161,873]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 32,811 32,811
040 THEATER LEVEL ASSETS.......... 2,542,760 2,052,760
Drawdown from Operation [-480,000]
Freedom's Sentinel........
Unjustified growth........ [-10,000]
050 LAND FORCES OPERATIONS SUPPORT 162,557 112,557
Drawdown from Operation [-50,000]
Freedom's Sentinel........
060 AVIATION ASSETS............... 204,396 179,572
Drawdown from Operation [-24,824]
Freedom's Sentinel........
070 FORCE READINESS OPERATIONS 5,716,734 4,136,734
SUPPORT......................
Drawdown from Operation [-1,500,000]
Freedom's Sentinel........
Unjustified growth........ [-80,000]
080 LAND FORCES SYSTEMS READINESS. 180,048 80,048
Drawdown from Operation [-100,000]
Freedom's Sentinel........
090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125
100 BASE OPERATIONS SUPPORT....... 219,029 187,029
Drawdown from Operation [-32,000]
Freedom's Sentinel........
110 FACILITIES SUSTAINMENT, 301,017 260,017
RESTORATION & MODERNIZATION..
Drawdown from Operation [-41,000]
Freedom's Sentinel........
130 ADDITIONAL ACTIVITIES......... 966,649 782,649
Drawdown from Operation [-184,000]
Freedom's Sentinel........
140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,000
PROGRAM......................
Excess to need............ [-500]
150 RESET......................... 403,796 1,003,796
Retrograde from Operation [600,000]
Freedom's Sentinel........
160 US AFRICA COMMAND............. 100,422 100,422
170 US EUROPEAN COMMAND........... 120,043 120,043
200 CYBERSPACE ACTIVITIES-- 98,461 98,461
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 21,256 21,256
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,267,605 13,113,908
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 103,052 103,052
SUBTOTAL MOBILIZATION..... 103,052 103,052
TRAINING AND RECRUITING
290 SPECIALIZED SKILL TRAINING.... 89,943 89,943
320 TRAINING SUPPORT.............. 2,550 2,550
SUBTOTAL TRAINING AND 92,493 92,493
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 521,090 921,090
Retrograde from Operation [400,000]
Freedom's Sentinel........
400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897
410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423
420 AMMUNITION MANAGEMENT......... 29,162 29,162
440 SERVICEWIDE COMMUNICATIONS.... 11,447 11,447
470 OTHER SERVICE SUPPORT......... 5,839 5,839
490 REAL ESTATE MANAGEMENT........ 48,782 48,782
510 INTERNATIONAL MILITARY 50,000 50,000
HEADQUARTERS.................
565 CLASSIFIED PROGRAMS........... 895,964 895,964
SUBTOTAL ADMIN & SRVWIDE 1,674,604 2,074,604
ACTIVITIES................
TOTAL OPERATION & 17,137,754 15,384,057
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 17,193 17,193
060 FORCE READINESS OPERATIONS 440 440
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 15,766 15,766
SUBTOTAL OPERATING FORCES. 33,399 33,399
TOTAL OPERATION & 33,399 33,399
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 25,746 25,746
020 MODULAR SUPPORT BRIGADES...... 40 40
030 ECHELONS ABOVE BRIGADE........ 983 983
040 THEATER LEVEL ASSETS.......... 22 22
060 AVIATION ASSETS............... 20,624 20,624
070 FORCE READINESS OPERATIONS 7,914 7,914
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 24,417 24,417
SUBTOTAL OPERATING FORCES. 79,746 79,746
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 46 46
SUBTOTAL ADMIN & SRVWD 46 46
ACTIVITIES................
TOTAL OPERATION & 79,792 79,792
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT................... 1,065,932 1,065,932
020 INFRASTRUCTURE................ 64,501 64,501
030 EQUIPMENT AND TRANSPORTATION.. 47,854 47,854
040 TRAINING AND OPERATIONS....... 56,780 56,780
SUBTOTAL AFGHAN NATIONAL 1,235,067 1,235,067
ARMY......................
AFGHAN NATIONAL POLICE
050 SUSTAINMENT................... 434,500 434,500
060 INFRASTRUCTURE................ 448 448
070 EQUIPMENT AND TRANSPORTATION.. 108,231 108,231
080 TRAINING AND OPERATIONS....... 58,993 58,993
SUBTOTAL AFGHAN NATIONAL 602,172 602,172
POLICE....................
AFGHAN AIR FORCE
090 SUSTAINMENT................... 534,102 534,102
100 INFRASTRUCTURE................ 9,532 9,532
110 EQUIPMENT AND TRANSPORTATION.. 58,487 58,487
120 TRAINING AND OPERATIONS....... 233,803 233,803
SUBTOTAL AFGHAN AIR FORCE. 835,924 835,924
AFGHAN SPECIAL SECURITY FORCES
UNDISTRIBUTED
130 SUSTAINMENT................... 680,024 680,024
140 INFRASTRUCTURE................ 2,532 2,532
150 EQUIPMENT AND TRANSPORTATION.. 486,808 486,808
160 TRAINING AND OPERATIONS....... 173,085 173,085
SUBTOTAL AFGHAN SPECIAL 1,342,449 1,342,449
SECURITY FORCES...........
TOTAL AFGHANISTAN 4,015,612 4,015,612
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 645,000 322,500
Transfer for 10 USC 333 [-322,500]
Iraq security cooperation
activities................
020 SYRIA......................... 200,000 200,000
SUBTOTAL COUNTER ISIS 845,000 522,500
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 845,000 522,500
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 382,062 682,062
OPERATIONS...................
Transfer from base........ [300,000]
030 AVIATION TECHNICAL DATA & 832 832
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 17,840 17,840
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 210,692 210,692
060 AIRCRAFT DEPOT MAINTENANCE.... 170,580 170,580
070 AIRCRAFT DEPOT OPERATIONS 5,854 5,854
SUPPORT......................
080 AVIATION LOGISTICS............ 33,707 33,707
090 MISSION AND OTHER SHIP 5,817,696 5,717,696
OPERATIONS...................
Insufficient justification [-100,000]
100 SHIP OPERATIONS SUPPORT & 20,741 20,741
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS AND 59,254 59,254
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 17,324 17,324
160 OPERATIONAL METEOROLOGY AND 22,581 22,581
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 772,441 1,312,441
Insufficient justification [-10,000]
Transfer from base........ [550,000]
180 EQUIPMENT MAINTENANCE AND 5,788 5,788
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 369 369
240 WEAPONS MAINTENANCE........... 567,247 567,247
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,571 12,571
270 SUSTAINMENT, RESTORATION AND 70,041 70,041
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 218,792 218,792
SUBTOTAL OPERATING FORCES. 10,521,682 11,261,682
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 22,589 22,589
SYSTEMS......................
SUBTOTAL MOBILIZATION..... 22,589 22,589
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 53,204 53,204
SUBTOTAL TRAINING AND 53,204 53,204
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 9,983 9,983
460 MILITARY MANPOWER AND 7,805 7,805
PERSONNEL MANAGEMENT.........
480 SERVICEWIDE TRANSPORTATION.... 72,097 72,097
510 ACQUISITION, LOGISTICS, AND 11,354 11,354
OVERSIGHT....................
520 INVESTIGATIVE AND SECURITY 1,591 1,591
SERVICES.....................
SUBTOTAL ADMIN & SRVWD 102,830 102,830
ACTIVITIES................
TOTAL OPERATION & 10,700,305 11,440,305
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 727,989 1,127,989
Transfer from base........ [400,000]
020 FIELD LOGISTICS............... 195,001 195,001
030 DEPOT MAINTENANCE............. 55,183 55,183
050 CYBERSPACE ACTIVITIES......... 10,000 10,000
070 BASE OPERATING SUPPORT........ 24,569 24,569
SUBTOTAL OPERATING FORCES. 1,012,742 1,412,742
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 28,458 28,458
SUBTOTAL TRAINING AND 28,458 28,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
SUBTOTAL ADMIN & SRVWD 61,400 61,400
ACTIVITIES................
TOTAL OPERATION & 1,102,600 1,502,600
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 522 522
030 AIRCRAFT DEPOT MAINTENANCE.... 11,861 11,861
080 COMBAT SUPPORT FORCES......... 9,109 9,109
SUBTOTAL OPERATING FORCES. 21,492 21,492
TOTAL OPERATION & 21,492 21,492
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 125,551 125,551
020 COMBAT ENHANCEMENT FORCES..... 916,538 978,538
MQ-9 government owned- [62,000]
contractor operated combat
line operations in U.S.
Central Command...........
030 AIR OPERATIONS TRAINING (OJT, 93,970 93,970
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 3,528,059 3,528,059
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,842 10,842
070 CONTRACTOR LOGISTICS SUPPORT 7,187,100 7,187,100
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,031,548 2,031,548
090 BASE SUPPORT.................. 1,540,444 1,480,444
Program decrease.......... [-60,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 549,379
Department requested [28,000]
transfer from SAG 44A.....
Insufficient justification [-20,000]
Realignment from Base to [195,579]
OCO.......................
120 CYBERSPACE ACTIVITIES......... 17,936 17,936
130 TACTICAL INTEL AND OTHER 36,820 36,820
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 70 70
150 SPACE CONTROL SYSTEMS......... 1,450 1,450
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 856 856
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 126,934 171,134
Department requested [44,200]
transfer from line 42G....
SUBTOTAL OPERATING FORCES. 16,160,805 16,410,584
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,471,439
Realignment from Base to [200,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 120,866 120,866
SUBTOTAL MOBILIZATION..... 1,392,305 1,592,305
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 27,010 27,010
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,925 30,925
RECRUITING................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,782 11,782
400 ADMINISTRATION................ 3,886 3,886
410 SERVICEWIDE COMMUNICATIONS.... 355 355
420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 56,631
Department requested [-44,200]
transfer to line 15F......
450 INTERNATIONAL SUPPORT......... 29,928 1,928
Department requested [-28,000]
transfer to line 12C......
455 CLASSIFIED PROGRAMS........... 34,502 34,502
SUBTOTAL ADMIN & SRVWD 345,985 273,785
ACTIVITIES................
TOTAL OPERATION & 17,930,020 18,307,599
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING.... 227 227
030 SPACE LAUNCH OPERATIONS....... 321 321
040 SPACE OPERATIONS.............. 15,135 15,135
070 DEPOT MAINTENANCE............. 18,268 18,268
080 CONTRACTOR LOGISTICS & SYSTEM 43,164 43,164
SUPPORT......................
SUBTOTAL OPERATING FORCES. 77,115 77,115
TOTAL OPERATION & 77,115 77,115
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,408 24,408
MAINTENANCE..................
060 BASE SUPPORT.................. 5,682 5,682
SUBTOTAL OPERATING FORCES. 30,090 30,090
TOTAL OPERATION & 30,090 30,090
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,739 3,739
030 DEPOT PURCHASE EQUIPMENT 61,862 61,862
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 97,108 97,108
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,933 12,933
SUBTOTAL OPERATING FORCES. 175,642 175,642
TOTAL OPERATION & 175,642 175,642
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 3,799 3,799
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 898,024 898,024
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 1,244,553 1,243,618
INTELLIGENCE.................
Program decrease.......... [-935]
070 SPECIAL OPERATIONS COMMAND 354,951 354,951
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 104,535 104,535
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 757,744 752,744
THEATER FORCES...............
Unjustified growth........ [-5,000]
SUBTOTAL OPERATING FORCES. 3,370,240 3,364,305
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,247 1,247
210 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
280 DEFENSE INFORMATION SYSTEMS 56,256 56,256
AGENCY.......................
290 DEFENSE INFORMATION SYSTEMS 3,524 3,524
AGENCY--CYBER................
330 DEFENSE LEGAL SERVICES AGENCY. 156,373 156,373
350 DEFENSE MEDIA ACTIVITY........ 3,555 9,555
Stars and Stripes......... [6,000]
370 DEFENSE SECURITY COOPERATION 1,557,763 1,630,263
AGENCY.......................
Transfer from CTEF for 10 [322,500]
USC 333 Iraq security
cooperation activities....
Transfer to Ukraine [-250,000]
Security Assistance.......
410 DEFENSE THREAT REDUCTION 297,486 297,486
AGENCY.......................
490 OFFICE OF THE SECRETARY OF 16,984 16,984
DEFENSE......................
530 WASHINGTON HEADQUARTERS 1,997 1,997
SERVICES.....................
535 CLASSIFIED PROGRAMS........... 535,106 535,106
SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,730,514
ACTIVITIES................
TOTAL OPERATION AND 6,022,254 6,094,819
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 250,000
INITIATIVE...................
Transfer from Defense [250,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 250,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 250,000
ASSISTANCE...............
TOTAL OPERATION & 58,179,782 57,943,729
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 150,524,104 149,185,852
Historical unobligated balances....... -1,168,452
Foreign currency adjustments.......... -169,800
Medicare-Eligible Retiree Health Fund 8,372,741 8,372,741
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,602,593 4,602,593
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 32,551 32,551
ARMY SUPPLY MANAGEMENT................ 24,166 24,166
TOTAL WORKING CAPITAL FUND, ARMY... 56,717 56,717
WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND
WORKING CAPITAL FUND.................. 95,712 95,712
TOTAL WORKING CAPITAL FUND, AIR 95,712 95,712
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT
WORKING CAPITAL FUND SUPPORT.......... 49,821 49,821
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT.......... 1,146,660 1,146,660
TOTAL WORKING CAPITAL FUND, DECA... 1,146,660 1,146,660
NATIONAL DEFENSE SEALIFT FUND
SEALIFT RECAPITALIZATION.............. 120,000
Transfer from OMN-300 for [120,000]
acquisition of four used sealift
vessels..........................
SHIP PREPOSITIONING AND SURGE......... 314,193
Transfer from OMN-290............ [314,193]
TOTAL NATIONAL DEFENSE SEALIFT FUND 434,193
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 106,691 106,691
CHEM DEMILITARIZATION--RDT&E.......... 782,193 782,193
CHEM DEMILITARIZATION--PROC........... 616 616
TOTAL CHEM AGENTS & MUNITIONS 889,500 889,500
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 546,203 562,003
PDI: Joint Interagency Task [13,000]
Force--West Project 3309.........
PDI: Joint Interagency Task [2,800]
Force--West Project 9202.........
DRUG DEMAND REDUCTION PROGRAM......... 123,704 123,704
NATIONAL GUARD COUNTER-DRUG PROGRAM... 94,211 94,211
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,511 5,511
TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 785,429
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 368,279 368,279
OFFICE OF THE INSPECTOR GENERAL--CYBER
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,204 1,204
OFFICE OF THE INSPECTOR GENERAL--RDTE. 1,098 1,098
OFFICE OF THE INSPECTOR GENERAL-- 858 858
PROCUREMENT..........................
TOTAL OFFICE OF THE INSPECTOR 371,439 371,439
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,560,564 9,271,064
Equipment purchases excess growth [-29,500]
Medical reform implementation-- [-296,000]
excess funding to replace
military medical end strength....
Reverse DWR savings from [36,000]
downsizing MTFs..................
PRIVATE SECTOR CARE................... 15,841,887 15,826,887
Program decrease................. [-15,000]
CONSOLIDATED HEALTH SUPPORT........... 1,338,269 1,314,169
Historical underexecution........ [-24,100]
INFORMATION MANAGEMENT................ 2,039,910 2,039,910
MANAGEMENT ACTIVITIES................. 330,627 330,627
EDUCATION AND TRAINING................ 315,691 331,691
Health Professions Scholarship [6,000]
Program..........................
Reverse DWR cuts to USUHS........ [10,000]
BASE OPERATIONS/COMMUNICATIONS........ 1,922,605 1,922,605
R&D RESEARCH.......................... 8,913 13,913
Pancreatic cancer research....... [5,000]
R&D EXPLORATRY DEVELOPMENT............ 73,984 73,984
R&D ADVANCED DEVELOPMENT.............. 225,602 225,602
R&D DEMONSTRATION/VALIDATION.......... 132,331 132,331
R&D ENGINEERING DEVELOPMENT........... 55,748 55,748
R&D MANAGEMENT AND SUPPORT............ 48,672 48,672
R&D CAPABILITIES ENHANCEMENT.......... 17,215 17,215
PROC INITIAL OUTFITTING............... 22,932 22,932
PROC REPLACEMENT & MODERNIZATION...... 215,618 215,618
PROC MILITARY HEALTH SYSTEM--DESKTOP 70,872 70,872
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 245,854
MODERNIZATION........................
Excess to need................... [-62,650]
SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428
PROGRAMS.............................
UNDISTRIBUTED......................... 200
Foreign Currency adjustments..... [-9,800]
Triple negative breast cancer.... [10,000]
TOTAL DEFENSE HEALTH PROGRAM....... 32,690,372 32,320,322
TOTAL OTHER AUTHORIZATIONS......... 36,069,850 36,149,793
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE
ARMY SUPPLY MANAGEMENT................ 20,090 20,090
TOTAL WORKING CAPITAL FUND, ARMY... 20,090 20,090
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 24,069 24,069
TOTAL OFFICE OF THE INSPECTOR 24,069 24,069
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 65,072 65,072
PRIVATE SECTOR CARE................... 296,828 296,828
CONSOLIDATED HEALTH SUPPORT........... 3,198 3,198
TOTAL DEFENSE HEALTH PROGRAM....... 365,098 365,098
TOTAL OTHER AUTHORIZATIONS......... 409,257 409,257
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
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
Military Construction, Navy SW Asia Ship to Shore Utility 68,340 68,340
Services.
California
Military Construction, Navy Camp Pendleton Combat Water Survival 0 25,200
Training Faciity.
Military Construction, Navy Camp Pendleton Warehouse Consolidation and 0 21,800
Modernization.
Military Construction, Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530
California Complex.
Military Construction, Navy Camp Pendleton, I MEF Consolidated 37,000 37,000
California Information Center (Inc).
Military Construction, Navy Lemoore F-35C Hangar 6 Phase 2 (Mod 128,070 53,000
3/4).
Military Construction, Navy Lemoore F-35C Simulator Facility & 59,150 59,150
Electrical Upgrade.
Military Construction, Navy Point Mugu Directed Energy Test 0 26,700
Facility.
Military Construction, Navy Port Hueneme Combat Vehicle Maintenance 0 43,500
Facilities.
Military Construction, Navy San Diego Pier 6 Replacement......... 128,500 63,500
Military Construction, Navy Seal Beach Magazines.................. 0 46,800
Military Construction, Navy Twentynine Palms, Wastewater Treatment Plant. 76,500 76,500
California
El Salvador
Military Construction, Navy Comolapa Long Range Maritime Patrol 0 28,000
Aircraft Hangar and Ramp.
Greece
Military Construction, Navy Souda Bay Communication Center....... 50,180 50,180
Guam
Military Construction, Navy Andersen AFB Ordnance Operations Admin.. 21,280 21,280
Military Construction, Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 68,649
H (Inc).
Military Construction, Navy Joint Region Marianas Base Warehouse............. 55,410 55,410
Military Construction, Navy Joint Region Marianas Central Fuel Station....... 35,950 35,950
Military Construction, Navy Joint Region Marianas Central Issue Facility..... 45,290 45,290
Military Construction, Navy Joint Region Marianas Combined EOD Facility...... 37,600 37,600
Military Construction, Navy Joint Region Marianas DAR Bridge Improvements.... 40,180 40,180
Military Construction, Navy Joint Region Marianas DAR Road Strengthening..... 70,760 70,760
Military Construction, Navy Joint Region Marianas Distribution Warehouse..... 77,930 77,930
Military Construction, Navy Joint Region Marianas Individual Combat Skills 17,430 17,430
Training.
Military Construction, Navy Joint Region Marianas Joint Communication Upgrade 166,000 22,000
Hawaii
Military Construction, Navy Joint Base Pearl Waterfront Improve, Wharves 48,990 48,990
Harbor-Hickam S1,S11-13,S20-21.
Military Construction, Navy Joint Base Pearl Waterfront Improvements 65,910 65,910
Harbor-Hickam Wharves S8-S10.
Japan
Military Construction, Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 74,692
(Inc).
Maine
Military Construction, Navy Kittery Multi-Mission Drydock #1 160,000 160,000
Exten., Ph 1 (Inc).
Military Construction, Navy Nctams Lant Detachment Perimeter Security......... 0 26,100
Center
Nevada
Military Construction, Navy Fallon Range Training Complex, 29,040 29,040
Phase 1.
North Carolina
Military Construction, Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000
Carolina Replacement (Inc).
Military Construction, Navy Cherry Point Fitness Center Replacement 0 51,900
and Training Pool.
Spain
Military Construction, Navy Rota MH-60r Squadron Support 60,110 60,110
Facilities.
Virginia
Military Construction, Navy Norfolk E-2D Training Facility..... 30,400 30,400
Military Construction, Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671
Control & Paint Fac.
Military Construction, Navy Norfolk Sub Logistics Support...... 0 9,400
Worldwide Unspecified
Military Construction, Navy Unspecified Worldwide Planning & Design.......... 165,710 160,710
Locations
Military Construction, Navy Unspecified Worldwide Pdi: Planning & Design-- 0 7,500
Locations Indo-Pacific Command
Posture Initiatives.
Military Construction, Navy Unspecified Worldwide Siop Planning & Design..... 0 45,000
Locations
Military Construction, Navy Unspecified Worldwide Unspecified Minor 38,983 38,983
Locations Construction.
........................
Military Construction, Navy TOTAL 1,975,606 2,007,085
......................
California
Military Construction, Air Edwards AFB Flight Test Engineering 0 40,000
Force Laboratory Complex.
Colorado
Military Construction, Air Schriever AFB Consolidated Space 88,000 88,000
Force Operations Facility, Inc 2.
Military Construction, Air U.S. Air Force Academy Cadet Prepatory School 0 0
Force Dormitory.
Florida
Military Construction, Air Eglin Advanced Munitions 0 35,000
Force Technology Complex.
Guam
Military Construction, Air Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000
Force MSA 2.
Illinois
Military Construction, Air Scott Add/Alter Consolidated 0 0
Force Communications Facility.
Mariana Islands
Military Construction, Air Tinian Airfield Development Phase 20,000 39,500
Force 1, Inc 2.
Military Construction, Air Tinian Fuel Tanks With Pipeline & 7,000 0
Force Hydrant Sys, Inc 2.
Military Construction, Air Tinian Parking Apron, Inc 2....... 15,000 21,500
Force
Maryland
Military Construction, Air Joint Base Andrews Consolidated Communications 0 13,000
Force Center.
Montana
Military Construction, Air Malmstrom AFB Weapons Storage & 25,000 0
Force Maintenance Facility, Inc
2.
New Jersey
Military Construction, Air Joint Base McGuire-Dix- Munitions Storage Area..... 22,000 22,000
Force Lakehurst
Qatar
Military Construction, Air Al Udeid, Qatar Cargo Marshalling Yard..... 26,000 26,000
Force
South Dakota
Military Construction, Air Ellsworth AFB B-21 2-Bay LO Restoration 0 10,000
Force Facility.
Texas
Military Construction, Air Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000
Force Inc 2.
Military Construction, Air Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500
Force Sys Sim.
Utah
Military Construction, Air Hill AFB GBSD Mission Integration 68,000 68,000
Force Facility, Inc 2.
Military Construction, Air Hill AFB GBSD Organic Software 0 18,800
Force Sustainment Center.
Virginia
Military Construction, Air Joint Base Langley- Access Control Point Main 19,500 19,500
Force Eustis Gate With Land Acq.
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Cost to Complete........... 0 0
Force Locations
Military Construction, Air Unspecified Worldwide Planning & Design.......... 296,532 116,532
Force Locations
Military Construction, Air Unspecified Worldwide Pdi: Planning & Design-- 0 7,500
Force Locations Indo-Pacific Command
Posture Initiatives.
Military Construction, Air Unspecified Worldwide Unspecified Minor 68,600 68,600
Force Locations Construction.
Wyoming
Military Construction, Air Fe Warren Weapons Storage Facility... 0 12,000
Force
........................
Military Construction, Air Force TOTAL 767,132 717,432
......................
Alabama
Military Construction, Anniston Army Depot Demilitarization Facility.. 18,000 18,000
Defense-Wide
Military Construction, Fort Rucker Construct 10mw Generation & 0 24,000
Defense-Wide Microgrid.
Alaska
Military Construction, Fort Greely Communications Center...... 48,000 48,000
Defense-Wide
Arizona
Military Construction, Fort Huachuca Laboratory Building........ 33,728 33,728
Defense-Wide
Military Construction, Yuma SOF Hangar................. 49,500 49,500
Defense-Wide
Arkansas
Military Construction, Fort Smith ANG PV Arrays and Battery 0 2,600
Defense-Wide Storage.
California
Military Construction, Beale AFB Bulk Fuel Tank............. 22,800 22,800
Defense-Wide
Military Construction, Marine Corps Air Install 10 Mw Battery 11,646 11,646
Defense-Wide Combat Center / Energy Storage for Various
Twenty Nine Palms Buildings.
Military Construction, Military Ocean Military Ocean Terminal 29,000 29,000
Defense-Wide Terminal Concord Concord Microrid.
Military Construction, NAWS China Lake Solar Energy Storage System 0 0
Defense-Wide
Military Construction, NSA Monterey Cogeneration Plant at B236. 10,540 0
Defense-Wide
Colorado
Military Construction, Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600
Defense-Wide Maintenance Facility.
Conus Unspecified
Military Construction, Conus Unspecified Training Target Structure.. 14,400 14,400
Defense-Wide
District of Columbia
Military Construction, Joint Base Anacostia Dia HQ Cooling Towersand 0 1,963
Defense-Wide Bolling Cond Pumps.
Military Construction, Joint Base Anacostia Industrial Controls System 10,343 10,343
Defense-Wide Bolling Modernization.
Military Construction, Joint Base Anacostia Industrial Controls System 0 8,749
Defense-Wide Bolling Modernization.
Military Construction, Joint Base Anacostia PV Carports................ 0 25,221
Defense-Wide Bolling
Florida
Military Construction, Hurlburt Field SOF Combat Aircraft Parking 38,310 38,310
Defense-Wide Apron-North.
Military Construction, Hurlburt Field SOF Special Tactics Ops 44,810 44,810
Defense-Wide Facility (23 STS).
Georgia
Military Construction, Fort Benning Construct 4.8mw Generation 0 17,000
Defense-Wide & Microgrid.
Germany
Military Construction, Rhine Ordnance Medical Center Replacement 200,000 82,433
Defense-Wide Barracks Inc 9.
Italy
Military Construction, NSA Naples Smart Grid................. 3,490 3,490
Defense-Wide
Japan
Military Construction, Def Fuel Support Point Fuel Wharf................. 49,500 49,500
Defense-Wide Tsurumi
Military Construction, Yokosuka Kinnick High School Inc.... 30,000 0
Defense-Wide
Kentucky
Military Construction, Fort Knox Van Voorhis Elementary 69,310 69,310
Defense-Wide School.
Maryland
Military Construction, Bethesda Naval MEDCEN Addition/Alteration 180,000 50,000
Defense-Wide Hospital Incr 4.
Military Construction, Fort Meade NSAW Recapitalize Building 250,000 250,000
Defense-Wide #3 Inc.
Military Construction, NSA Bethesda Nsab-16 Replace Chillers 3 0 0
Defense-Wide Through 9.
Military Construction, NSA South Potomac CBIRF / IHEODTD / Housing 18,460 18,460
Defense-Wide Potable Water.
Mississippi
Military Construction, Camp Shelby Construct 10 Mw Generation 0 30,000
Defense-Wide & Microgrid System.
Missouri
Military Construction, Fort Leonard Wood Hospital Replacement Inc 3. 40,000 40,000
Defense-Wide
Military Construction, St Louis Next NGA West (N2W) Complex 119,000 60,000
Defense-Wide Phase 2 Inc.
Military Construction, Whiteman AFB Install 10 Mw Combined Heat 17,310 17,310
Defense-Wide and Power Plant.
Nevada
Military Construction, Creech AFB Central Standby Generators. 32,000 32,000
Defense-Wide
New Mexico
Military Construction, Kirtland AFB Administrative Building.... 46,600 46,600
Defense-Wide
North Carolina
Military Construction, Fort Bragg SOF Group Headquarters..... 53,100 53,100
Defense-Wide
Military Construction, Fort Bragg SOF Military Working Dog 17,700 17,700
Defense-Wide Facility.
Military Construction, Fort Bragg SOF Operations Facility.... 43,000 43,000
Defense-Wide
Military Construction, Fort Bragg Sotf Chilled Water Upgrade. 0 6,100
Defense-Wide
Ohio
Military Construction, Wright-Patterson AFB Construct Intelligence 0 35,000
Defense-Wide Facility Central Utility
Plant.
Military Construction, Wright-Patterson AFB Hydrant Fuel System........ 23,500 23,500
Defense-Wide
Tennessee
Military Construction, Memphis ANG PV Arrays and Battery 0 4,780
Defense-Wide Storage.
Texas
Military Construction, Fort Hood, Texas Fuel Facilities............ 32,700 32,700
Defense-Wide
Virginia
Military Construction, Joint Expeditionary SOF Dcs Operations Fac. and 54,500 54,500
Defense-Wide Base Little Creek-- Command Center.
Story
Military Construction, Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000
Defense-Wide Base Little Creek-- Facilities.
Story
Military Construction, Nmc Portsmouth Retro Air Handling Units 611 611
Defense-Wide From Constant Volume
Reheat to Variable Air
Volume.
Military Construction, Wallops Island Generation and Distribution 9,100 9,100
Defense-Wide Resiliency Improvements.
Washington
Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
Defense-Wide McChord Main).
Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
Defense-Wide McChord North).
Military Construction, Manchester Bulk Fuel Storage Tanks 82,000 82,000
Defense-Wide Phase 1.
Worldwide Unspecified
Military Construction, Unspecified Worldwide ERCIP Design............... 14,250 39,790
Defense-Wide Locations
Military Construction, Unspecified Worldwide Exercise Related Minor 5,840 5,840
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Planning & Design--Indo- 0 0
Defense-Wide Locations Pacific Command Posture
Initiatives.
Military Construction, Unspecified Worldwide Planning & Design--Military 0 25,000
Defense-Wide Locations Installation Resiliency.
Military Construction, Unspecified Worldwide Planning and Design........ 27,746 27,746
Defense-Wide Locations
Military Construction, Unspecified Worldwide Planning and Design........ 10,303 10,303
Defense-Wide Locations
Military Construction, Unspecified Worldwide Planning and Design........ 10,647 10,647
Defense-Wide Locations
Military Construction, Unspecified Worldwide Unspecified Minor 4,922 4,922
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 20,000 20,000
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 3,000 3,000
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 17,698 17,698
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 8,000 8,000
Defense-Wide Locations Construction.
Military Construction, Various Worldwide Planning and Design........ 64,406 64,406
Defense-Wide Locations
Military Construction, Various Worldwide Planning and Design........ 32,624 32,624
Defense-Wide Locations
Military Construction, Various Worldwide Unspecified Minor 9,726 9,726
Defense-Wide Locations Construction.
........................
Military Construction, Defense-Wide TOTAL 2,027,520 1,886,366
......................
Worldwide Unspecified
NATO Security Investment NATO Security NATO Security Investment 173,030 173,030
Program Investment Program Program.
........................
NATO Security Investment Program TOTAL 173,030 173,030
......................
Arizona
Military Construction, Army Tucson National Guard Readiness 18,100 18,100
National Guard Center.
Arkansas
Military Construction, Army Fort Chaffee National Guard Readiness 0 15,000
National Guard Center.
California
Military Construction, Army Bakersfield National Guard Vehicle 0 9,300
National Guard Maintenance Shop.
Colorado
Military Construction, Army Peterson AFB National Guard Readiness 15,000 15,000
National Guard Center.
Indiana
Military Construction, Army Shelbyville National Guard/Reserve 12,000 12,000
National Guard Center Building Add/Al.
Kentucky
Military Construction, Army Frankfort National Guard/Reserve 15,000 15,000
National Guard Center Building.
Mississippi
Military Construction, Army Brandon National Guard Vehicle 10,400 10,400
National Guard Maintenance Shop.
Nebraska
Military Construction, Army North Platte National Guard Vehicle 9,300 9,300
National Guard Maintenance Shop.
New Jersey
Military Construction, Army Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000
National Guard Lakehurst Center.
Ohio
Military Construction, Army Columbus National Guard Readiness 15,000 15,000
National Guard Center.
Oklahoma
Military Construction, Army Ardmore National Guard Vehicle 0 9,800
National Guard Maintenance Shop.
Oregon
Military Construction, Army Hermiston Enlisted Barracks, 9,300 9,300
National Guard Transient Training.
Military Construction, Army Hermiston Enlisted Barracks, 0 15,735
National Guard Transient Training.
Puerto Rico
Military Construction, Army Fort Allen National Guard Readiness 37,000 37,000
National Guard Center.
South Carolina
Military Construction, Army Joint Base Charleston National Guard Readiness 15,000 15,000
National Guard Center.
Tennessee
Military Construction, Army Mcminnville National Guard Readiness 11,200 11,200
National Guard Center.
Texas
Military Construction, Army Fort Worth Aircraft Maintenance Hangar 6,000 6,000
National Guard Addition/Alt.
Military Construction, Army Fort Worth National Guard Vehicle 7,800 7,800
National Guard Maintenance Shop.
Utah
Military Construction, Army Nephi National Guard Readiness 12,000 12,000
National Guard Center.
Virgin Islands
Military Construction, Army St. Croix Army Aviation Support 28,000 28,000
National Guard Facility (Aasf).
Military Construction, Army St. Croix CST Ready Building......... 11,400 11,400
National Guard
Wisconsin
Military Construction, Army Appleton National Guard Readiness 11,600 11,600
National Guard Center Add/Alt.
Worldwide Unspecified
Military Construction, Army Unspecified Worldwide Planning and Design........ 29,593 29,593
National Guard Locations
Military Construction, Army Unspecified Worldwide Unspecified Minor 32,744 32,744
National Guard Locations Construction.
........................
Military Construction, Army National Guard TOTAL 321,437 371,272
......................
Florida
Military Construction, Army Gainesville ECS TEMF/Warehouse......... 36,000 36,000
Reserve
Massachusetts
Military Construction, Army Devens Reserve Forces Automated Multipurpose 8,700 8,700
Reserve Training Area Machine Gun Range.
North Carolina
Military Construction, Army Asheville Army Reserve Center/Land... 24,000 24,000
Reserve
Wisconsin
Military Construction, Army Fort McCoy Scout Reconnaissance Range. 14,600 14,600
Reserve
Military Construction, Army Fort McCoy Transient Trainee Barracks. 0 2,500
Reserve
Worldwide Unspecified
Military Construction, Army Unspecified Worldwide Planning and Design........ 1,218 1,218
Reserve Locations
Military Construction, Army Unspecified Worldwide Unspecified Minor 3,819 3,819
Reserve Locations Construction.
........................
Military Construction, Army Reserve TOTAL 88,337 90,837
......................
Maryland
Military Construction, Reisterstown Reserve Training Center, 39,500 39,500
Naval Reserve Camp Fretterd, MD.
Minnesota
Military Construction, Minneapolis Joint Reserve Intel Center. 0 12,800
Naval Reserve
Utah
Military Construction, Hill AFB Naval Operational Support 25,010 25,010
Naval Reserve Center.
Worldwide Unspecified
Military Construction, Unspecified Worldwide MCNR Minor Construction.... 3,000 3,000
Naval Reserve Locations
Military Construction, Unspecified Worldwide MCNR Planning & Design..... 3,485 3,485
Naval Reserve Locations
........................
Military Construction, Naval Reserve TOTAL 70,995 83,795
......................
Alabama
Military Construction, Air Montgomery Regional Base Supply Complex........ 0 12,000
National Guard Airport (ANG) Base
Military Construction, Air Montgomery Regional F-35 Simulator Facility.... 11,600 11,600
National Guard Airport (ANG) Base
Guam
Military Construction, Air Joint Region Marianas Space Control Facility #5.. 20,000 20,000
National Guard
Maryland
Military Construction, Air Joint Base Andrews F-16 Mission Training 9,400 9,400
National Guard Center.
South Dakota
Military Construction, Air Hector International Consolidated RPA Operations 0 17,500
National Guard Airport Facility.
Texas
Military Construction, Air Joint Base San Antonio F-16 Mission Training 10,800 10,800
National Guard Center.
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Unspecified Minor 9,000 9,000
National Guard Locations Construction.
Military Construction, Air Various Worldwide Planning and Design........ 3,414 3,414
National Guard Locations
........................
Military Construction, Air National Guard TOTAL 64,214 93,714
......................
Texas
Military Construction, Air Fort Worth F-35 Squadron Ops/Aircraft 0 25,000
Force Reserve Maintenance Unit.
Military Construction, Air Fort Worth F-35A Simulator Facility... 14,200 14,200
Force Reserve
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Planning & Design.......... 3,270 3,270
Force Reserve Locations
Military Construction, Air Unspecified Worldwide Unspecified Minor 5,647 5,647
Force Reserve Locations Construction.
........................
Military Construction, Air Force Reserve TOTAL 23,117 48,117
......................
Italy
Family Housing Vicenza Family Housing New 84,100 84,100
Construction, Army Construction.
Kwajalein
Family Housing Kwajalein Atoll Family Housing Replacement 32,000 32,000
Construction, Army Construction.
Worldwide Unspecified
Family Housing Unspecified Worldwide Family Housing P & D....... 3,300 3,300
Construction, Army Locations
........................
Family Housing Construction, Army TOTAL 119,400 119,400
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 18,004 18,004
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Housing Privitization 37,948 63,948
And Maintenance, Army Locations Support.
Family Housing Operation Unspecified Worldwide Leasing.................... 123,841 123,841
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Maintenance................ 97,789 97,789
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Management................. 39,716 39,716
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 526 526
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Services................... 8,135 8,135
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Utilities.................. 41,183 41,183
And Maintenance, Army Locations
........................
Family Housing Operation And Maintenance, Army TOTAL 367,142 393,142
......................
Worldwide Unspecified
Family Housing Unspecified Worldwide Construction Improvements.. 37,043 37,043
Construction, Navy And Locations
Marine Corps
Family Housing Unspecified Worldwide Planning & Design.......... 3,128 3,128
Construction, Navy And Locations
Marine Corps
Family Housing Unspecified Worldwide USMC DPRI/Guam Planning and 2,726 2,726
Construction, Navy And Locations Design.
Marine Corps
........................
Family Housing Construction, Navy And Marine Corps TOTAL 42,897 42,897
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 17,977 17,977
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Housing Privatization 53,700 78,700
And Maintenance, Navy And Locations Support.
Marine Corps
Family Housing Operation Unspecified Worldwide Leasing.................... 62,658 62,658
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Maintenance................ 85,630 85,630
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Management................. 51,006 51,006
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 350 350
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Services................... 16,743 16,743
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Utilities.................. 58,429 58,429
And Maintenance, Navy And Locations
Marine Corps
........................
Family Housing Operation And Maintenance, Navy And Marine Corps TOTAL 346,493 371,493
......................
Worldwide Unspecified
Family Housing Unspecified Worldwide Construction Improvements.. 94,245 94,245
Construction, Air Force Locations
Family Housing Unspecified Worldwide Planning & Design.......... 2,969 2,969
Construction, Air Force Locations
........................
Family Housing Construction, Air Force TOTAL 97,214 97,214
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 25,805 25,805
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Housing Privatization...... 23,175 32,175
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Leasing.................... 9,318 9,318
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Maintenance................ 140,666 140,666
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Management................. 64,732 64,732
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 2,184 2,184
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Services................... 7,968 7,968
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Utilities.................. 43,173 43,173
And Maintenance, Air Force Locations
........................
Family Housing Operation And Maintenance, Air Force TOTAL 317,021 326,021
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 645 645
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Furnishings................ 82 82
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Leasing.................... 36,860 36,860
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Leasing.................... 12,996 12,996
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Maintenance................ 32 32
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Utilities.................. 13 13
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Utilities.................. 4,100 4,100
And Maintenance, Defense- Locations
Wide
........................
Family Housing Operation And Maintenance, Defense-Wide TOTAL 54,728 54,728
......................
Worldwide Unspecified
DOD Family Housing Unspecified Worldwide Administrative Expenses-- 5,897 5,897
Improvement Fund Locations FHIF.
........................
DOD Family Housing Improvement Fund TOTAL 5,897 5,897
......................
Worldwide Unspecified
Unaccompanied Housing Unspecified Worldwide Administrative Expenses-- 600 600
Improvement Fund Locations UHIF.
........................
Unaccompanied Housing Improvement Fund TOTAL 600 600
......................
Worldwide Unspecified
Base Realignment and Base Realignment & Base Realignment and 66,060 66,060
Closure--Army Closure, Army Closure.
Base Realignment and Unspecified Worldwide Base Realignment & Closure. 125,165 125,165
Closure--Navy Locations
Base Realignment and Unspecified Worldwide Dod BRAC Activities--Air 109,222 109,222
Closure--Air Force Locations Force.
........................
Base Realignment and Closure TOTAL 300,447 300,447
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI: Minor Construction... 3,970 3,970
Army Unspecified Worldwide Locations EDI: Planning and Design.. 11,903 11,903
Spain
Navy Rota EDI: EOD Boat Shop........ 31,760 31,760
Navy Rota EDI: Expeditionary 27,470 27,470
Maintenance Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning & Design......... 10,790 10,790
Germany
AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345
Repair Storage.
AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824
Repair Storage.
Romania
AF Campia Turzii EDI: Dangerous Cargo Pad.. 11,000 11,000
AF Campia Turzii EDI: ECAOS DABS-FEV 68,000 68,000
Storage Complex.
AF Campia Turzii EDI: Parking Apron........ 19,500 19,500
AF Campia Turzii EDI: POL Increase Capacity 32,000 32,000
Worldwide Unspecified
AF Unspecified Worldwide Locations EDI: Unspecified Minor 16,400 16,400
Military Construction.
AF Various Worldwide Locations EDI: Planning & Design.... 54,800 54,800
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 137,800 137,800
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 15,602,000 15,550,428
Defense nuclear nonproliferation.. 2,031,000 2,041,000
Naval reactors.................... 1,684,000 1,684,000
Federal salaries and expenses..... 454,000 454,000
Total, National nuclear security 19,771,000 19,729,428
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 4,983,608 5,815,767
Other defense activities.......... 1,054,727 901,048
Total, Environmental & other defense 6,038,335 6,716,815
activities.........................
Total, Atomic Energy Defense 25,809,335 26,446,243
Activities...........................
Total, Discretionary Funding.............. 25,947,135 26,584,043
Nuclear Energy
Idaho sitewide safeguards and security.. 137,800 137,800
Total, Nuclear Energy..................... 137,800 137,800
Stockpile Management
Stockpile Major Modernization
B61-12 Life extension program....... 815,710 815,710
W76-2 Modification program.......... 0 0
W88 Alt 370......................... 256,922 256,922
W80-4 Life extension program........ 1,000,314 1,000,314
W87-1 Modification Program.......... 541,000 541,000
W93................................. 53,000 53,000
Total, Stockpile Major Modernization.. 2,666,946 2,666,946
Stockpile services
Production Operations............. 568,941 568,941
Stockpile Sustainment............. 998,357 998,357
Weapons Dismantlement and 50,000 50,000
Disposition......................
Subtotal, Stockpile Services........ 1,617,298 1,617,298
Total, Stockpile Management............. 4,284,244 4,284,244
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 610,599 610,599
21-D-512 Plutonium Pit 226,000 226,000
Production Project, LANL.......
Subtotal, Los Alamos Plutonium 836,599 836,599
Modernization....................
Savannah River Plutonium
Modernization
Savannah River Plutonium 200,000 200,000
Operations.....................
21-D-511 Savannah River 241,896 241,896
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River Plutonium 441,896 441,896
Modernization....................
Enterprise Plutonium Support...... 90,782 90,782
Total, Plutonium Modernization...... 1,369,277 1,369,277
High Explosives and Energetics...... 67,370 67,370
Total, Primary Capability 1,436,647 1,436,647
Modernization........................
Secondary Capability Modernization.... 457,004 457,004
Tritium and Domestic Uranium 457,112 457,112
Enrichment...........................
Non-Nuclear Capability Modernization.. 107,137 107,137
Total, Production Modernization......... 2,457,900 2,457,900
Stockpile Research, Technology, and
Engineering
Assessment Science.................... 773,111 773,111
Engineering and Integrated Assessments 337,404 337,404
Inertial Confinement Fusion........... 554,725 554,725
Advanced Simulation and Computing..... 732,014 732,014
Weapon Technology and Manufacturing 297,965 297,965
Maturation...........................
Academic Programs..................... 86,912 86,912
Total, Stockpile Research, Technology, 2,782,131 2,782,131
and Engineering........................
Infrastructure and Operations
Operations of facilities.............. 1,014,000 1,014,000
Safety and environmental operations... 165,354 165,354
Maintenance and repair of facilities.. 792,000 755,428
Recapitalization:
Infrastructure and safety........... 670,000 670,000
Capability based investments........ 149,117 149,117
Planning for Programmatic 84,787 84,787
Construction (Pre-CD-1)............
Total, Recapitalization............... 903,904 903,904
Construction:
21-D-510 HE Synthesis, Formulation, 31,000 31,000
and Production, PX.................
19-D-670 138kV Power Transmission 59,000 59,000
System Replacement, NNSS...........
18-D-690 Lithium Processing 109,405 109,405
Facility, Y-12.....................
18-D-620 Exascale Computing Facility 29,200 29,200
Modernization Project, LLNL........
18-D-650 Tritium Finishing Facility, 27,000 27,000
SRS................................
17-D-640, U1a Complex Enhancements 160,600 160,600
Project, NNSS......................
15-D-612 Emergency Operations 27,000 27,000
Center, LLNL.......................
15-D-611 Emergency Operations 36,000 36,000
Center, SNL........................
15-D-302, TA-55 Reinvestments 30,000 30,000
Project, Phase 3, LANL.............
15-D-301, HE Science & Engineering 43,000 43,000
Facility, PX.......................
07-D-220-04 Transuranic Liquid Waste 36,687 36,687
Facility, LANL.....................
06-D-141 Uranium processing facility 750,000 750,000
Y-12, Oak Ridge, TN................
04-D-125 Chemistry and Metallurgy 169,427 169,427
Research Replacement Project, LANL.
Total, Construction................... 1,508,319 1,508,319
Total, Infrastructure and operations.... 4,383,577 4,347,005
Secure transportation asset
Operations and equipment.............. 266,390 266,390
Program direction..................... 123,684 123,684
Total, Secure transportation asset...... 390,074 390,074
Defense Nuclear Security
Operations and maintenance............ 815,895 800,895
Construction:
17-D-710 West end protected area 11,000 11,000
reduction project, Y-12............
Total, Defense nuclear security......... 826,895 800,895
Information technology and cybersecurity 375,511 375,511
Legacy contractor pensions.............. 101,668 101,668
Total, Weapons Activities................. 15,602,000 15,550,428
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Global material security
International nuclear security...... 66,391 66,391
Domestic radiological security...... 101,000 131,000
Container breach in Seattle, WA... [30,000]
International radiological security. 73,340 73,340
Nuclear smuggling detection and 159,749 159,749
deterrence.........................
Total, Global material security....... 400,480 430,480
Material management and minimization
HEU reactor conversion.............. 170,000 110,000
Nuclear material removal............ 40,000 40,000
Material disposition................ 190,711 190,711
Total, Material management & 400,711 340,711
minimization.........................
Nonproliferation and arms control..... 138,708 138,708
National Technical Nuclear Forensics 40,000 40,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation Detection............. 235,220 255,220
Nuclear verification and [20,000]
detection, next-gen technologies.
Nuclear Detonation Detection........ 236,531 236,531
Nonproliferation Stewardship Program 59,900 59,900
LEU Research and Development........ 0 20,000
LEU R&D for Naval Pressurized [20,000]
Water Reactors...................
Total, Defense nuclear 531,651 571,651
nonproliferation R&D.................
Nonproliferation Construction:
18-D-150 Surplus Plutonium 148,589 148,589
Disposition Project, SRS...........
Total, Nonproliferation construction.. 148,589 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 1,670,139
Programs...............................
Legacy contractor pensions.............. 14,348 14,348
Nuclear counterterrorism and incident 377,513 377,513
response program.......................
Use of Prior Year Balances.............. -21,000 -21,000
Total, Defense Nuclear Nonproliferation... 2,031,000 2,041,000
Naval Reactors
Naval reactors development.............. 590,306 590,306
Columbia-Class reactor systems 64,700 64,700
development............................
S8G Prototype refueling................. 135,000 135,000
Naval reactors operations and 506,294 506,294
infrastructure.........................
Construction:
21-D-530 KL Steam and Condensate 4,000 4,000
Upgrades.............................
14-D-901 Spent fuel handling 330,000 330,000
recapitalization project, NRF........
Total, Construction..................... 334,000 334,000
Program direction....................... 53,700 53,700
Total, Naval Reactors..................... 1,684,000 1,684,000
Federal Salaries And Expenses
Program direction....................... 454,000 454,000
Total, Office Of The Administrator........ 454,000 454,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 54,949 235,949
operations...........................
Program restoration................. [180,000]
Central plateau remediation........... 498,335 658,335
Program restoration................. [160,000]
Richland community and regulatory 2,500 10,100
support..............................
Program restoration................. [7,600]
Total, Hanford site..................... 555,784 904,384
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning........................
Rad liquid tank waste stabilization 597,757 775,000
and disposition......................
Tank farm activities.................. 0
Construction:
18-D-16 Waste treatment and 609,924 776,000
immobilization plant--LBL/Direct
feed LAW...........................
Program restoration............... [166,076]
01-D-16 D High-Level Waste Facility
Total, Construction................... 609,924 776,000
Total, Office of River Protection....... 1,257,681 1,601,000
Idaho National Laboratory:
Idaho cleanup and waste disposition... 257,554 257,554
Idaho community and regulatory support 2,400 2,400
Total, Idaho National Laboratory........ 259,954 259,954
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,764 1,764
Separations Process Research Unit... 15,000 15,000
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 4,860 4,860
Los Alamos National Laboratory...... 120,000 220,000
Execute achievable scope of work.. [100,000]
Total, NNSA sites and Nevada off-sites.. 202,361 302,361
Oak Ridge Reservation:
OR Nuclear facility D & D............. 109,077 109,077
Total, OR Nuclear facility D & D...... 109,077 109,077
U233 Disposition Program.............. 45,000 45,000
OR cleanup and disposition............ 58,000 58,000
Construction:
17-D-401 On-site waste disposal 22,380 22,380
facility.........................
14-D-403 Outfall 200 Mercury 20,500 20,500
Treatment Facility...............
Total, Construction................. 42,880 42,880
Total, OR cleanup and waste 145,880 145,880
disposition..........................
OR community & regulatory support..... 4,930 4,930
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 262,887 262,887
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 455,122 495,122
operations.........................
H-Canyon not placed into stand-by [40,000]
condition........................
Total, risk management operations..... 455,122 495,122
SR community and regulatory support... 4,989 11,489
Secure payment in lieu of taxes [6,500]
funding............................
Radioactive liquid tank waste 970,332 964,072
stabilization and disposition........
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC).....
18-D-402 Saltstone Disposal Unit 65,500 65,500
#8/9.............................
17-D-402 Saltstone Disposal Unit 10,716 10,716
#7...............................
Total, Construction................. 101,216 101,216
Total, Savannah River site.............. 1,531,659 1,571,899
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 323,260 323,260
Construction:
15-D-412 Utility Saft............... 50,000 50,000
21-D-401 Hoisting Capability Project 10,000 10,000
Total, Construction................... 60,000 60,000
Total, Waste Isolation Pilot Plant...... 383,260 383,260
Program direction....................... 275,285 275,285
Program support......................... 12,979 12,979
Technology development.................. 25,000 25,000
Safeguards and Security
Safeguards and Security............... 320,771 320,771
Total, Safeguards and Security.......... 320,771 320,771
Prior year balances credited............ -109,000 -109,000
Total, Defense Environmental Cleanup...... 4,983,608 5,815,767
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 134,320 134,320
security.............................
Program direction..................... 75,368 75,368
Total, Environment, Health, safety and 209,688 209,688
security...............................
Independent enterprise assessments
Independent enterprise assessments.... 26,949 26,949
Program direction..................... 54,635 54,635
Total, Independent enterprise 81,584 81,584
assessments............................
Specialized security activities......... 258,411 258,411
Office of Legacy Management
Legacy management..................... 293,873 140,194
Rejection of proposed transfer...... [-153,679]
Program direction..................... 23,120 23,120
Total, Office of Legacy Management...... 316,993 163,314
Defense related administrative support.. 183,789 183,789
Office of hearings and appeals.......... 4,262 4,262
Subtotal, Other defense activities........ 1,054,727 901,048
Total, Other Defense Activities........... 1,054,727 901,048
------------------------------------------------------------------------
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
SEC. 5001. SHORT TITLE.
This division may be cited as the ``National Artificial
Intelligence Initiative Act of 2020''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Advisory committee.--The term ``Advisory
Committee'' means the National Artificial Intelligence
Advisory Committee established under section 5104(a).
(2) Agency head.--The term ``agency head'' means
the head of any Executive agency (as defined in section
105 of title 5, United States Code).
(3) Artificial intelligence.--The term ``artificial
intelligence'' means a machine-based system that can,
for a given set of human-defined objectives, make
predictions, recommendations or decisions influencing
real or virtual environments. Artificial intelligence
systems use machine and human-based inputs to--
(A) perceive real and virtual environments;
(B) abstract such perceptions into models
through analysis in an automated manner; and
(C) use model inference to formulate
options for information or action.
(4) Community college.--The term ``community
college'' means a public institution of higher
education at which the highest degree that is
predominantly awarded to students is an associate's
degree, including 2-year Tribal Colleges or
Universities under section 316 of the Higher Education
Act of 1965 (20 U.S.C. 1059c) and public 2-year State
institutions of higher education.
(5) Initiative.--The term ``Initiative'' means the
National Artificial Intelligence Initiative established
under section 5101(a).
(6) Initiative office.--The term ``Initiative
Office'' means the National Artificial Intelligence
Initiative Office established under section 5102(a).
(7) Institute.--The term ``Institute'' means an
Artificial Intelligence Research Institute described in
section 5201(b)(2).
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 and section 102(c) of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(9) Interagency committee.--The term ``Interagency
Committee'' means the interagency committee established
under section 5103(a).
(10) K-12 education.--The term ``K-12 education''
means elementary school and secondary school education
provided by local educational agencies, as such
agencies are defined in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) Machine learning.--The term ``machine
learning'' means an application of artificial
intelligence that is characterized by providing systems
the ability to automatically learn and improve on the
basis of data or experience, without being explicitly
programmed.
TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on
workforce.
Sec. 5106. National AI Research Resource Task Force.
SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE.
(a) Establishment; Purposes.--The President shall establish
and implement an initiative to be known as the ``National
Artificial Intelligence Initiative''. The purposes of the
Initiative shall be to--
(1) ensure continued United States leadership in
artificial intelligence research and development;
(2) lead the world in the development and use of
trustworthy artificial intelligence systems in the
public and private sectors;
(3) prepare the present and future United States
workforce for the integration of artificial
intelligence systems across all sectors of the economy
and society; and
(4) coordinate ongoing artificial intelligence
research, development, and demonstration activities
among the civilian agencies, the Department of Defense
and the Intelligence Community to ensure that each
informs the work of the others.
(b) Initiative Activities.--In carrying out the Initiative,
the President, acting through the Initiative Office, the
Interagency Committee, and agency heads as the President
considers appropriate, shall carry out activities that include
the following:
(1) Sustained and consistent support for artificial
intelligence research and development through grants,
cooperative agreements, testbeds, and access to data
and computing resources.
(2) Support for K-12 education and postsecondary
educational programs, including workforce training and
career and technical education programs, and informal
education programs to prepare the American workforce
and the general public to be able to create, use, and
interact with artificial intelligence systems.
(3) Support for interdisciplinary research,
education, and workforce training programs for students
and researchers that promote learning in the methods
and systems used in artificial intelligence and foster
interdisciplinary perspectives and collaborations among
subject matter experts in relevant fields, including
computer science, mathematics, statistics, engineering,
social sciences, health, psychology, behavioral
science, ethics, security, legal scholarship, and other
disciplines that will be necessary to advance
artificial intelligence research and development
responsibly.
(4) Interagency planning and coordination of
Federal artificial intelligence research, development,
demonstration, standards engagement, and other
activities under the Initiative, as appropriate.
(5) Outreach to diverse stakeholders, including
citizen groups, industry, and civil rights and
disability rights organizations, to ensure public input
is taken into account in the activities of the
Initiative.
(6) Leveraging existing Federal investments to
advance objectives of the Initiative.
(7) Support for a network of interdisciplinary
artificial intelligence research institutes, as
described in section 5201(b)(7)(B).
(8) Support opportunities for international
cooperation with strategic allies, as appropriate, on
the research and development, assessment, and resources
for trustworthy artificial intelligence systems.
(c) Limitation.--The Initiative shall not impact sources
and methods, as determined by the Director of National
Intelligence.
(d) Rules of Construction.--Nothing in this division shall
be construed as--
(1) modifying any authority or responsibility,
including any operational authority or responsibility
of any head of a Federal department or agency, with
respect to intelligence or the intelligence community,
as those terms are defined in 50 U.S.C. 3003;
(2) authorizing the Initiative, or anyone
associated with its derivative efforts to approve,
interfere with, direct or to conduct an intelligence
activity, resource, or operation; or
(3) authorizing the Initiative, or anyone
associated with its derivative efforts to modify the
classification of intelligence information.
(e) Sunset.--The Initiative established in this division
shall terminate on the date that is 10 years after the date of
enactment of this Act.
SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE.
(a) In General.--The Director of the Office of Science and
Technology Policy shall establish or designate, and appoint a
director of, an office to be known as the ``National Artificial
Intelligence Initiative Office'' to carry out the
responsibilities described in subsection (b) with respect to
the Initiative. The Initiative Office shall have sufficient
staff to carry out such responsibilities, including staff
detailed from the Federal departments and agencies described in
section 5103(c), as appropriate.
(b) Responsibilities.--The Director of the Initiative
Office shall--
(1) provide technical and administrative support to
the Interagency Committee and the Advisory Committee;
(2) serve as the point of contact on Federal
artificial intelligence activities for Federal
departments and agencies, industry, academia, nonprofit
organizations, professional societies, State
governments, and such other persons as the Initiative
Office considers appropriate to exchange technical and
programmatic information;
(3) conduct regular public outreach to diverse
stakeholders, including civil rights and disability
rights organizations; and
(4) promote access to the technologies,
innovations, best practices, and expertise derived from
Initiative activities to agency missions and systems
across the Federal Government.
(c) Funding Estimate.--The Director of the Office of
Science and Technology Policy, in coordination with each
participating Federal department and agency, as appropriate,
shall develop and annually update an estimate of the funds
necessary to carry out the activities of the Initiative
Coordination Office and submit such estimate with an agreed
summary of contributions from each agency to Congress as part
of the President's annual budget request to Congress.
SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE.
(a) Interagency Committee.--The Director of the Office of
Science and Technology Policy, acting through the National
Science and Technology Council, shall establish or designate an
Interagency Committee to coordinate Federal programs and
activities in support of the Initiative.
(b) Co-Chairs.--The Interagency Committee shall be co-
chaired by the Director of the Office of Science and Technology
Policy and, on an annual rotating basis, a representative from
the Department of Commerce, the National Science Foundation, or
the Department of Energy, as selected by the Director of the
Office of Science and Technology Policy.
(c) Agency Participation.--The Committee shall include
representatives from Federal agencies as considered appropriate
by determination and agreement of the Director of the Office of
Science and Technology Policy and the head of the affected
agency.
(d) Responsibilities.--The Interagency Committee shall--
(1) provide for interagency coordination of Federal
artificial intelligence research, development, and
demonstration activities and education and workforce
training activities and programs of Federal departments
and agencies undertaken pursuant to the Initiative;
(2) not later than 2 years after the date of the
enactment of this Act, develop a strategic plan for
artificial intelligence (to be updated not less than
every 3 years) that establishes goals, priorities, and
metrics for guiding and evaluating how the agencies
carrying out the Initiative will--
(A) determine and prioritize areas of
artificial intelligence research, development,
and demonstration requiring Federal Government
leadership and investment;
(B) support long-term funding for
interdisciplinary artificial intelligence
research, development, demonstration, and
education;
(C) support research and other activities
on ethical, legal, environmental, safety,
security, bias, and other appropriate societal
issues related to artificial intelligence;
(D) provide or facilitate the availability
of curated, standardized, secure,
representative, aggregate, and privacy-
protected data sets for artificial intelligence
research and development;
(E) provide or facilitate the necessary
computing, networking, and data facilities for
artificial intelligence research and
development;
(F) support and coordinate Federal
education and workforce training activities
related to artificial intelligence; and
(G) support and coordinate the network of
artificial intelligence research institutes
described in section 5201(b)(7)(B);
(3) as part of the President's annual budget
request to Congress, propose an annually coordinated
interagency budget for the Initiative to the Office of
Management and Budget that is intended to ensure that
the balance of funding across the Initiative is
sufficient to meet the goals and priorities established
for the Initiative; and
(4) in carrying out this section, take into
consideration the recommendations of the Advisory
Committee, existing reports on related topics, and the
views of academic, State, industry, and other
appropriate groups.
(e) Annual Report.--For each fiscal year beginning with
fiscal year 2022, not later than 90 days after submission of
the President's annual budget request for such fiscal year, the
Interagency Committee shall prepare and submit to the Committee
on Science, Space, and Technology, the Committee on Energy and
Commerce, the Committee on Transportation and Infrastructure,
the Committee on Armed Services, the House Permanent Select
Committee on Intelligence, the Committee on the Judiciary, and
the Committee on Appropriations of the House of Representatives
and the Committee on Commerce, Science, and Transportation, the
Committee on Health, Education, Labor, and Pensions, the
Committee on Energy and Natural Resources, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Armed Services, the Senate Select Committee on Intelligence,
the Committee on the Judiciary, and the Committee on
Appropriations of the Senate a report that includes a
summarized budget in support of the Initiative for such fiscal
year and the preceding fiscal year, including a disaggregation
of spending and a description of any Institutes established
under section 5201 for the Department of Commerce, the
Department of Defense, the Department of Energy, the Department
of Agriculture, the Department of Health and Human Services,
and the National Science Foundation.
SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.
(a) In General.--The Secretary of Commerce shall, in
consultation with the Director of the Office of Science and
Technology Policy, the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Attorney General, and the
Director of National Intelligence establish an advisory
committee to be known as the ``National Artificial Intelligence
Advisory Committee''.
(b) Qualifications.--The Advisory Committee shall consist
of members, appointed by the Secretary of Commerce, who are
representing broad and interdisciplinary expertise and
perspectives, including from academic institutions, companies
across diverse sectors, nonprofit and civil society entities,
including civil rights and disability rights organizations, and
Federal laboratories, who are representing geographic
diversity, and who are qualified to provide advice and
information on science and technology research, development,
ethics, standards, education, technology transfer, commercial
application, security, and economic competitiveness related to
artificial intelligence.
(c) Membership Consideration.--In selecting the members of
the Advisory Committee, the Secretary of Commerce shall seek
and give consideration to recommendations from Congress,
industry, nonprofit organizations, the scientific community
(including the National Academies of Sciences, Engineering, and
Medicine, scientific professional societies, and academic
institutions), the defense and law enforcement communities, and
other appropriate organizations.
(d) Duties.--The Advisory Committee shall advise the
President and the Initiative Office on matters related to the
Initiative, including recommendations related to--
(1) the current state of United States
competitiveness and leadership in artificial
intelligence, including the scope and scale of United
States investments in artificial intelligence research
and development in the international context;
(2) the progress made in implementing the
Initiative, including a review of the degree to which
the Initiative has achieved the goals according to the
metrics established by the Interagency Committee under
section 5103(d)(2);
(3) the state of the science around artificial
intelligence, including progress toward artificial
general intelligence;
(4) issues related to artificial intelligence and
the United States workforce, including matters relating
to the potential for using artificial intelligence for
workforce training, the possible consequences of
technological displacement, and supporting workforce
training opportunities for occupations that lead to
economic self-sufficiency for individuals with barriers
to employment and historically underrepresented
populations, including minorities, Indians (as defined
in 25 U.S.C. 5304), low-income populations, and persons
with disabilities.
(5) how to leverage the resources of the initiative
to streamline and enhance operations in various areas
of government operations, including health care,
cybersecurity, infrastructure, and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across
the Initiative;
(8) whether the strategic plan developed or updated
by the Interagency Committee established under section
5103(d)(2) is helping to maintain United States
leadership in artificial intelligence;
(9) the management, coordination, and activities of
the Initiative;
(10) whether ethical, legal, safety, security, and
other appropriate societal issues are adequately
addressed by the Initiative;
(11) opportunities for international cooperation
with strategic allies on artificial intelligence
research activities, standards development, and the
compatibility of international regulations;
(12) accountability and legal rights, including
matters relating to oversight of artificial
intelligence systems using regulatory and nonregulatory
approaches, the responsibility for any violations of
existing laws by an artificial intelligence system, and
ways to balance advancing innovation while protecting
individual rights; and
(13) how artificial intelligence can enhance
opportunities for diverse geographic regions of the
United States, including urban, Tribal, and rural
communities.
(e) Subcommittee on Artificial Intelligence and Law
Enforcement.--
(1) Establishment.--The chairperson of the Advisory
Committee shall establish a subcommittee on matters
relating to the development of artificial intelligence
relating to law enforcement matters.
(2) Advice.--The subcommittee shall provide advice
to the President on matters relating to the development
of artificial intelligence relating to law enforcement,
including advice on the following:
(A) Bias, including whether the use of
facial recognition by government authorities,
including law enforcement agencies, is taking
into account ethical considerations and
addressing whether such use should be subject
to additional oversight, controls, and
limitations.
(B) Security of data, including law
enforcement's access to data and the security
parameters for that data.
(C) Adoptability, including methods to
allow the United States Government and industry
to take advantage of artificial intelligence
systems for security or law enforcement
purposes while at the same time ensuring the
potential abuse of such technologies is
sufficiently mitigated.
(D) Legal standards, including those
designed to ensure the use of artificial
intelligence systems are consistent with the
privacy rights, civil rights and civil
liberties, and disability rights issues raised
by the use of these technologies.
(f) Reports.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once every
3 years thereafter, the Advisory Committee shall submit to the
President, the Committee on Science, Space, and Technology, the
Committee on Energy and Commerce, the House Permanent Select
Committee on Intelligence, the Committee on the Judiciary, and
the Committee on Armed Services of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Senate Select Committee on Intelligence,
the Committee on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, and the Committee on Armed
Services of the Senate, a report on the Advisory Committee's
findings and recommendations under subsection (d) and
subsection (e).
(g) Travel Expenses of Non-federal Members.--Non-Federal
members of the Advisory Committee, while attending meetings of
the Advisory Committee or while otherwise serving at the
request of the head of the Advisory Committee away from their
homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
individuals in the Government serving without pay. Nothing in
this subsection shall be construed to prohibit members of the
Advisory Committee who are officers or employees of the United
States from being allowed travel expenses, including per diem
in lieu of subsistence, in accordance with existing law.
(h) Faca Exemption.--The Secretary of Commerce shall
charter the Advisory Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), except that the
Advisory Committee shall be exempt from section 14 of such Act.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON
WORKFORCE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the National Science Foundation
shall enter into a contract with the National Research Council
of the National Academies of Sciences, Engineering, and
Medicine to conduct a study of the current and future impact of
artificial intelligence on the workforce of the United States
across sectors.
(b) Contents.--The study shall address--
(1) workforce impacts across sectors caused by the
increased adoption of artificial intelligence,
automation, and other related trends;
(2) workforce needs and employment opportunities
generated by the increased adoption of artificial
intelligence across sectors;
(3) research gaps and data needed to better
understand and track paragraphs (1) and (2); and
(4) recommendations to address the challenges and
opportunities described in paragraphs (1), (2), and
(3).
(c) Stakeholders.--In conducting the study, the National
Academies of Sciences, Engineering, and Medicine shall seek
input from a wide range of stakeholders in the public and
private sectors.
(d) Report to Congress.--The contract entered into under
subsection (a) shall require the National Academies of
Sciences, Engineering, and Medicine, not later than 2 years
after the date of the enactment of this Act, to--
(1) submit to the Committee on Science, Space, and
Technology and the Committee on Education and Labor of
the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee
on Health, Education, Pension, and Labor of the Senate
a report containing the findings and recommendations of
the study conducted under subsection (a); and
(2) make a copy of such report available on a
publicly accessible website.
SEC. 5106. NATIONAL AI RESEARCH RESOURCE TASK FORCE.
(a) Establishment of Task Force.--
(1) Establishment.--
(A) In general.--The Director of the
National Science Foundation, in coordination
with the Office of Science and Technology
Policy, shall establish a task force--
(i) to investigate the feasibility
and advisability of establishing and
sustaining a National Artificial
Intelligence Research Resource; and
(ii) to propose a roadmap detailing
how such resource should be established
and sustained.
(B) Designation.--The task force
established by subparagraph (A) shall be known
as the ``National Artificial Intelligence
Research Resource Task Force'' (in this section
referred to as the ``Task Force'').
(2) Membership.--
(A) Composition.--The Task Force shall be
composed of 12 members selected by the co-
chairpersons of the Task Force from among
technical experts in artificial intelligence or
related subjects, of whom--
(i) 4 shall be representatives from
the Interagency Committee established
in section 5103, including the co-
chairpersons of the Task Force;
(ii) 4 shall be representatives
from institutions of higher education;
and
(iii) 4 shall be representatives
from private organizations.
(B) Appointment.--Not later than 120 days
after enactment of this Act, the co-
chairpersons of the Task Force shall appoint
members to the Task Force pursuant to
subparagraph (A).
(C) Term of appointment.--Members of the
Task Force shall be appointed for the life of
the Task Force.
(D) Vacancy.--Any vacancy occurring in the
membership of the Task Force shall be filled in
the same manner in which the original
appointment was made.
(E) Co-chairpersons.--The Director of the
Office of Science and Technology Policy and the
Director of the National Sciences Foundation,
or their designees, shall be the co-
chairpersons of the Task Force. If the role of
the Director of the National Science Foundation
is vacant, the Chair of the National Science
Board shall act as a co-chairperson of the Task
Force.
(F) Expenses for non-federal members.--
(i) Except as provided in clause
(ii), non-Federal Members of the Task
Force shall not receive compensation
for their participation on the Task
Force.
(ii) Non-Federal Members of the
Task Force shall be allowed travel
expenses, including per diem in lieu of
subsistence, at rates authorized for
employees under subchapter I of chapter
57 of title 5, United States Code,
while away from their homes or regular
places of business in the performance
of services for the Task Force.
(b) Roadmap and Implementation Plan.--
(1) In general.--The Task Force shall develop a
coordinated roadmap and implementation plan for
creating and sustaining a National Artificial
Intelligence Research Resource.
(2) Contents.--The roadmap and plan required by
paragraph (1) shall include the following:
(A) Goals for establishment and sustainment
of a National Artificial Intelligence Research
Resource and metrics for success.
(B) A plan for ownership and administration
of the National Artificial Intelligence
Research Resource, including--
(i) an appropriate agency or
organization responsible for the
implementation, deployment, and
administration of the Resource; and
(ii) a governance structure for the
Resource, including oversight and
decision-making authorities.
(C) A model for governance and oversight to
establish strategic direction, make
programmatic decisions, and manage the
allocation of resources;
(D) Capabilities required to create and
maintain a shared computing infrastructure to
facilitate access to computing resources for
researchers across the country, including
scalability, secured access control, resident
data engineering and curation expertise,
provision of curated data sets, compute
resources, educational tools and services, and
a user interface portal.
(E) An assessment of, and recommended
solutions to, barriers to the dissemination and
use of high-quality government data sets as
part of the National Artificial Intelligence
Research Resource.
(F) An assessment of security requirements
associated with the National Artificial
Intelligence Research Resource and its research
and a recommendation for a framework for the
management of access controls.
(G) An assessment of privacy and civil
rights and civil liberties requirements
associated with the National Artificial
Intelligence Research Resource and its
research.
(H) A plan for sustaining the Resource,
including through Federal funding and
partnerships with the private sector.
(I) Parameters for the establishment and
sustainment of the National Artificial
Intelligence Research Resource, including
agency roles and responsibilities and
milestones to implement the Resource.
(c) Consultations.--In conducting its duties required under
subsection (b), the Task Force shall consult with the
following:
(1) The National Science Foundation.
(2) The Office of Science and Technology Policy.
(3) The National Academies of Sciences,
Engineering, and Medicine.
(4) The National Institute of Standards and
Technology.
(5) The Director of National Intelligence.
(6) The Department of Energy.
(7) The Department of Defense.
(8) The General Services Administration.
(9) The Department of Justice.
(10) The Department of Homeland Security.
(11) The Department of Health and Human Services.
(12) Private industry.
(13) Institutions of higher education.
(14) Civil and disabilities rights organizations.
(15) Such other persons as the Task Force considers
appropriate.
(d) Staff.--Staff of the Task Force shall comprise
detailees with expertise in artificial intelligence, or related
fields from the Office of Science and Technology Policy, the
National Science Foundation, or any other agency the co-chairs
deem appropriate, with the consent of the head of the agency.
(e) Task Force Reports.--
(1) Initial report.--Not later than 12 months after
the date on which all of the appointments have been
made under subsection (a)(2)(B), the Task Force shall
submit to Congress and the President an interim report
containing the findings, conclusions, and
recommendations of the Task Force. The report shall
include specific recommendations regarding steps the
Task Force believes necessary for the establishment and
sustainment of a National Artificial Intelligence
Research Resource.
(2) Final report.--Not later than 6 months after
the submittal of the interim report under paragraph
(1), the Task Force shall submit to Congress and the
President a final report containing the findings,
conclusions, and recommendations of the Task Force,
including the specific recommendations required by
subsection (b).
(f) Termination.--
(1) In general.--The Task Force shall terminate 90
days after the date on which it submits the final
report under subsection (e)(2).
(2) Records.--Upon termination of the Task Force,
all of its records shall become the records of the
National Archives and Records Administration.
(g) Definitions.--In this section:
(1) National artificial intelligence research
resource and resource.--The terms ``National Artificial
Intelligence Research Resource'' and ``Resource'' mean
a system that provides researchers and students across
scientific fields and disciplines with access to
compute resources, co-located with publicly-available,
artificial intelligence-ready government and non-
government data sets and a research environment with
appropriate educational tools and user support.
(2) Ownership.--The term ``ownership'' means
responsibility and accountability for the
implementation, deployment, and ongoing development of
the National Artificial Intelligence Research Resource,
and for providing staff support to that effort.
TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES.
(a) In General.--Subject to the availability of funds
appropriated for this purpose, the Director of the National
Science Foundation shall establish a program to award financial
assistance for the planning, establishment, and support of a
network of Institutes (as described in subsection (b)(2)) in
accordance with this section.
(b) Financial Assistance To Establish and Support National
Artificial Intelligence Research Institutes.--
(1) In general.--Subject to the availability of
funds appropriated for this purpose, the Secretary of
Energy, the Secretary of Commerce, the Director of the
National Science Foundation, and every other agency
head may award financial assistance to an eligible
entity, or consortia thereof, as determined by an
agency head, to establish and support an Institute.
(2) Artificial intelligence institutes.--An
Institute described in this subsection is an artificial
intelligence research institute that--
(A) is focused on--
(i) a particular economic or social
sector, including health, education,
manufacturing, agriculture, security,
energy, and environment, and includes a
component that addresses the ethical,
societal, safety, and security
implications relevant to the
application of artificial intelligence
in that sector; or
(ii) a cross-cutting challenge for
artificial intelligence systems,
including trustworthiness, or
foundational science;
(B) requires partnership among public and
private organizations, including, as
appropriate, Federal agencies, institutions of
higher education, including community colleges,
nonprofit research organizations, Federal
laboratories, State, local, and Tribal
governments, industry, including startup
companies, and civil society organizations,
including civil rights and disability rights
organizations (or consortia thereof);
(C) has the potential to create an
innovation ecosystem, or enhance existing
ecosystems, to translate Institute research
into applications and products, as appropriate
to the topic of each Institute;
(D) supports interdisciplinary research and
development across multiple institutions of
higher education and organizations;
(E) supports interdisciplinary education
activities, including curriculum development,
research experiences, and faculty professional
development across undergraduate, graduate, and
professional academic programs; and
(F) supports workforce development in
artificial intelligence related disciplines in
the United States, including increasing
participation of historically underrepresented
communities.
(3) Use of funds.--Financial assistance awarded
under paragraph (1) may be used by an Institute for--
(A) managing and making available to
researchers accessible, curated, standardized,
secure, and privacy protected data sets from
the public and private sectors for the purposes
of training and testing artificial intelligence
systems and for research using artificial
intelligence systems, pursuant to subsections
(c), (e), and (f) of section 22A the National
Institute of Standards and Technology Act (as
added by section 5301 of this division);
(B) developing and managing testbeds for
artificial intelligence systems, including
sector-specific test beds, designed to enable
users to evaluate artificial intelligence
systems prior to deployment;
(C) conducting research and education
activities involving artificial intelligence
systems to solve challenges with social,
economic, health, scientific, and national
security implications;
(D) providing or brokering access to
computing resources, networking, and data
facilities for artificial intelligence research
and development relevant to the Institute's
research goals;
(E) providing technical assistance to
users, including software engineering support,
for artificial intelligence research and
development relevant to the Institute's
research goals;
(F) engaging in outreach and engagement to
broaden participation in artificial
intelligence research and the artificial
intelligence workforce; and
(G) such other activities that an agency
head, whose agency's missions contribute to or
are affected by artificial intelligence,
considers consistent with the purposes
described in section 5101(a).
(4) Duration.--
(A) Initial periods.--An award of financial
assistance under paragraph (1) shall be awarded
for an initial period of 5 years.
(B) Extension.--An established Institute
may apply for, and the agency head may grant,
extended funding for periods of 5 years on a
merit-reviewed basis using the merit review
criteria of the sponsoring agency.
(5) Application for financial assistance.--A person
seeking financial assistance under paragraph (1) shall
submit to an agency head an application at such time,
in such manner, and containing such information as the
agency head may require.
(6) Competitive, merit review.--In awarding
financial assistance under paragraph (1), the agency
head shall--
(A) use a competitive, merit review process
that includes peer review by a diverse group of
individuals with relevant expertise from both
the private and public sectors; and
(B) ensure the focus areas of the Institute
do not substantially and unnecessarily
duplicate the efforts of any other Institute.
(7) Collaboration.--
(A) In general.--In awarding financial
assistance under paragraph (1), an agency head
may collaborate with Federal departments and
agencies whose missions contribute to or are
affected by artificial intelligence systems.
(B) Coordinating network.--The Director of
the National Science Foundation shall establish
a network of Institutes receiving financial
assistance under this subsection, to be known
as the ``Artificial Intelligence Leadership
Network'', to coordinate cross-cutting research
and other activities carried out by the
Institutes.
(8) Limitation.--No funds authorized in this title
shall be awarded to Institutes outside of the United
States. All awardees and subawardees for such Institute
shall be based in the United States, in addition to any
other eligibility criteria as established by each
agency head.
TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial
intelligence center.
SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES.
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended by inserting after section 22
the following:
``SEC. 22A. STANDARDS FOR ARTIFICIAL INTELLIGENCE.
``(a) Mission.--The Institute shall--
``(1) advance collaborative frameworks, standards,
guidelines, and associated methods and techniques for
artificial intelligence;
``(2) support the development of a risk-mitigation
framework for deploying artificial intelligence
systems;
``(3) support the development of technical
standards and guidelines that promote trustworthy
artificial intelligence systems; and
``(4) support the development of technical
standards and guidelines by which to test for bias in
artificial intelligence training data and applications.
``(b) Supporting Activities.--The Director of the National
Institute of Standards and Technology may--
``(1) support measurement research and development
of best practices and voluntary standards for
trustworthy artificial intelligence systems, which may
include--
``(A) privacy and security, including for
datasets used to train or test artificial
intelligence systems and software and hardware
used in artificial intelligence systems;
``(B) advanced computer chips and hardware
designed for artificial intelligence systems;
``(C) data management and techniques to
increase the usability of data, including
strategies to systematically clean, label, and
standardize data into forms useful for training
artificial intelligence systems and the use of
common, open licenses;
``(D) safety and robustness of artificial
intelligence systems, including assurance,
verification, validation, security, control,
and the ability for artificial intelligence
systems to withstand unexpected inputs and
adversarial attacks;
``(E) auditing mechanisms and benchmarks
for accuracy, transparency, verifiability, and
safety assurance for artificial intelligence
systems;
``(F) applications of machine learning and
artificial intelligence systems to improve
other scientific fields and engineering;
``(G) model documentation, including
performance metrics and constraints, measures
of fairness, training and testing processes,
and results;
``(H) system documentation, including
connections and dependences within and between
systems, and complications that may arise from
such connections; and
``(I) all other areas deemed by the
Director to be critical to the development and
deployment of trustworthy artificial
intelligence;
``(2) produce curated, standardized,
representative, high-value, secure, aggregate, and
privacy protected data sets for artificial intelligence
research, development, and use;
``(3) support one or more institutes as described
in section 5201(b) of the National Artificial
Intelligence Initiative Act of 2020 for the purpose of
advancing measurement science, voluntary consensus
standards, and guidelines for trustworthy artificial
intelligence systems;
``(4) support and strategically engage in the
development of voluntary consensus standards, including
international standards, through open, transparent, and
consensus-based processes; and
``(5) enter into and perform such contracts,
including cooperative research and development
arrangements and grants and cooperative agreements or
other transactions, as may be necessary in the conduct
of the work of the National Institute of Standards and
Technology and on such terms as the Director considers
appropriate, in furtherance of the purposes of this
division.
``(c) Risk Management Framework.--Not later than 2 years
after the date of the enactment of this Act, the Director shall
work to develop, and periodically update, in collaboration with
other public and private sector organizations, including the
National Science Foundation and the Department of Energy, a
voluntary risk management framework for trustworthy artificial
intelligence systems. The framework shall--
``(1) identify and provide standards, guidelines,
best practices, methodologies, procedures and processes
for--
``(A) developing trustworthy artificial
intelligence systems;
``(B) assessing the trustworthiness of
artificial intelligence systems; and
``(C) mitigating risks from artificial
intelligence systems;
``(2) establish common definitions and
characterizations for aspects of trustworthiness,
including explainability, transparency, safety,
privacy, security, robustness, fairness, bias, ethics,
validation, verification, interpretability, and other
properties related to artificial intelligence systems
that are common across all sectors;
``(3) provide case studies of framework
implementation;
``(4) align with international standards, as
appropriate;
``(5) incorporate voluntary consensus standards and
industry best practices; and
``(6) not prescribe or otherwise require the use of
specific information or communications technology
products or services.
``(d) Participation in Standard Setting Organizations.--
``(1) Requirement.--The Institute shall participate
in the development of standards and specifications for
artificial intelligence.
``(2) Purpose.--The purpose of this participation
shall be to ensure--
``(A) that standards promote artificial
intelligence systems that are trustworthy; and
``(B) that standards relating to artificial
intelligence reflect the state of technology
and are fit-for-purpose and developed in
transparent and consensus-based processes that
are open to all stakeholders.
``(e) Data Sharing Best Practices.--Not later than 1 year
after the date of enactment of this Act, the Director shall, in
collaboration with other public and private sector
organizations, develop guidance to facilitate the creation of
voluntary data sharing arrangements between industry, federally
funded research centers, and Federal agencies for the purpose
of advancing artificial intelligence research and technologies,
including options for partnership models between government
entities, industry, universities, and nonprofits that
incentivize each party to share the data they collected.
``(f) Best Practices for Documentation of Data Sets.--Not
later than 1 year after the date of enactment of this Act, the
Director shall, in collaboration with other public and private
sector organizations, develop best practices for datasets used
to train artificial intelligence systems, including--
``(1) standards for metadata that describe the
properties of datasets, including--
``(A) the origins of the data;
``(B) the intent behind the creation of the
data;
``(C) authorized uses of the data;
``(D) descriptive characteristics of the
data, including what populations are included
and excluded from the datasets; and
``(E) any other properties as determined by
the Director; and
``(2) standards for privacy and security of
datasets with human characteristics.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the National Institute of
Standards and Technology to carry out this section--
``(1) $64,000,000 for fiscal year 2021;
``(2) $70,400,000 for fiscal year 2022;
``(3) $77,440,000 for fiscal year 2023;
``(4) $85,180,000 for fiscal year 2024; and
``(5) $93,700,000 for fiscal year 2025.''.
SEC. 5302. STAKEHOLDER OUTREACH.
In carrying out the activities under section 22A of the
National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) as amended by title III of this Act, the Director
shall--
(1) solicit input from university researchers,
private sector experts, relevant Federal agencies,
Federal laboratories, State, Tribal, and local
governments, civil society groups, and other relevant
stakeholders;
(2) solicit input from experts in relevant fields
of social science, technology ethics, and law; and
(3) provide opportunity for public comment on
guidelines and best practices developed as part of the
Initiative, as appropriate.
SEC. 5303. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL
INTELLIGENCE CENTER.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration (hereafter referred to as ``the
Administrator'') shall establish, a Center for Artificial
Intelligence (hereafter referred to as ``the Center'').
(b) Center Goals.--The goals of the Center shall be to--
(1) coordinate and facilitate the scientific and
technological efforts related to artificial
intelligence across the National Oceanic and
Atmospheric Administration; and
(2) expand external partnerships, and build
workforce proficiency to effectively transition
artificial intelligence research and applications to
operations.
(c) Comprehensive Program.--Through the Center, the
Administrator shall implement a comprehensive program to
improve the use of artificial intelligence systems across the
agency in support of the mission of the National Oceanic and
Atmospheric Administration.
(d) Center Priorities.--The priorities of the Center shall
be to--
(1) coordinate and facilitate artificial
intelligence research and innovation, tools, systems,
and capabilities across the National Oceanic and
Atmospheric Administration;
(2) establish data standards and develop and
maintain a central repository for agency-wide
artificial intelligence applications;
(3) accelerate the transition of artificial
intelligence research to applications in support of the
mission of the National Oceanic and Atmospheric
Administration;
(4) develop and conduct training for the workforce
of the National Oceanic and Atmospheric Administration
related to artificial intelligence research and
application of artificial intelligence for such agency;
(5) facilitate partnerships between the National
Oceanic and Atmospheric Administration and other public
sector organizations, private sector organizations, and
institutions of higher education for research,
personnel exchange, and workforce development with
respect to artificial intelligence systems; and
(6) make data of the National Oceanic and
Atmospheric Administration accessible, available, and
ready for artificial intelligence applications.
(e) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Administrator shall--
(1) collaborate with a diverse set of stakeholders
including private sector entities and institutions of
higher education;
(2) leverage the collective body of research on
artificial intelligence and machine learning; and
(3) engage with relevant Federal agencies, research
communities, and potential users of data and methods
made available through the Center.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section $10,000,000 for fiscal year 2021.
(g) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other
provision of this section, the Administrator, in
consultation with the Secretary of Defense as
appropriate, may withhold models or data used by the
Center if the Administrator determines doing so to be
necessary to protect the national security interests of
the United States.
(2) Rule of construction.--Nothing in this section
shall be construed to supersede any other provision of
law governing the protection of the national security
interests of the United States.
TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.--the Director of the National Science
Foundation shall fund research and education activities in
artificial intelligence systems and related fields, including
competitive awards or grants to institutions of higher
education or eligible nonprofit organizations (or consortia
thereof).
(b) Uses of Funds.--In carrying out the activities under
subsection (a), the Director of the National Science Foundation
shall--
(1) support research, including interdisciplinary
research, on artificial intelligence systems and
related areas, including fields and research areas that
will contribute to the development and deployment of
trustworthy artificial intelligence systems, and fields
and research areas that address the application of
artificial intelligence systems to scientific discovery
and societal challenges;
(2) use the existing programs of the National
Science Foundation, in collaboration with other Federal
departments and agencies, as appropriate to--
(A) improve the teaching and learning of
topics related to artificial intelligence
systems in K-12 education and postsecondary
educational programs, including workforce
training and career and technical education
programs, undergraduate and graduate education
programs, and in informal settings; and
(B) increase participation in artificial
intelligence related fields, including by
individuals identified in sections 33 and 34 of
the Science and Engineering Equal Opportunity
Act (42 U.S.C. 1885a, 1885b);
(3) support partnerships among institutions of
higher education, Federal laboratories, nonprofit
organizations, State, local, and Tribal governments,
industry, and potential users of artificial
intelligence systems that facilitate collaborative
research, personnel exchanges, and workforce
development and identify emerging research needs with
respect to artificial intelligence systems;
(4) ensure adequate access to research and
education infrastructure with respect to artificial
intelligence systems, which may include the development
of new computing resources and partnership with the
private sector for the provision of cloud-based
computing services;
(5) conduct prize competitions, as appropriate,
pursuant to section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719);
(6) coordinate research efforts funded through
existing programs across the directorates of the
National Science Foundation;
(7) provide guidance on data sharing by grantees to
public and private sector organizations consistent with
the standards and guidelines developed under section
22A(e) of the National Institute of Standards and
Technology Act (as added by section 5301 of this
division); and
(8) evaluate opportunities for international
collaboration with strategic allies on artificial
intelligence research and development.
(c) Engineering Support.--In general, the Director shall
permit applicants to include in their proposed budgets funding
for software engineering support to assist with the proposed
research.
(d) Ethics.--
(1) Sense of congress.--It is the sense of Congress
that--
(A) a number of emerging areas of research,
including artificial intelligence, have
potential ethical, social, safety, and security
risks that might be apparent as early as the
basic research stage;
(B) the incorporation of ethical, social,
safety, and security considerations into the
research design and review process for Federal
awards may help mitigate potential harms before
they happen;
(C) the National Science Foundation's
agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct
a study and make recommendations with respect
to governance of research in computing and
computing technologies is a positive step
toward accomplishing this goal; and
(D) the National Science Foundation should
continue to work with stakeholders to
understand and adopt policies that promote best
practices for governance of research in
emerging technologies at every stage of
research.
(2) Report on ethics statements.--No later than 6
months after publication of the study described in
paragraph (1)(C), the Director shall report to Congress
on options for requiring an ethics or risk statement as
part of all or a subset of applications for research
funding to the National Science Foundation.
(e) Education.--
(1) In general.--The Director of the National
Science Foundation shall award grants for artificial
intelligence education research, development and
related activities to support K-12 and postsecondary
education programs and activities, including workforce
training and career and technical education programs
and activities, undergraduate, graduate, and
postdoctoral education, and informal education programs
and activities that--
(A) support the development of a diverse
workforce pipeline for science and technology
with respect to artificial intelligence
systems;
(B) increase awareness of potential
ethical, social, safety, and security risks of
artificial intelligence systems;
(C) promote curriculum development for
teaching topics related to artificial
intelligence, including in the field of
technology ethics;
(D) support efforts to achieve equitable
access to K-12 artificial intelligence
education in diverse geographic areas and for
populations historically underrepresented in
science, engineering, and artificial
intelligence fields; and
(E) promote the widespread understanding of
artificial intelligence principles and methods
to create an educated workforce and general
public able to use products enabled by
artificial intelligence systems and adapt to
future societal and economic changes caused by
artificial intelligence systems.
(2) Artificial intelligence faculty fellowships.--
(A) Faculty recruitment fellowships.--
(i) In general.--The Director of
the National Science Foundation shall
establish a program to award grants to
eligible institutions of higher
education to recruit and retain tenure-
track or tenured faculty in artificial
intelligence and related fields.
(ii) Use of funds.--An institution
of higher education shall use grant
funds provided under clause (i) for the
purposes of--
(I) recruiting new tenure-
track or tenured faculty
members that conduct research
and teaching in artificial
intelligence and related fields
and research areas, including
technology ethics; and
(II) paying salary and
benefits for the academic year
of newly recruited tenure-track
or tenured faculty members for
a duration of up to three
years.
(iii) Eligible institutions of
higher education.--For purposes of this
subparagraph, an eligible institution
of higher education is--
(I) a Historically Black
College and University (within
the meaning of the term ``part
B institution'' under section
322 of the Higher Education Act
of 1965), Tribal College or
University, or other minority-
serving institution, as defined
in section 371(a) of the Higher
Education Act of 1965;
(II) an institution
classified under the Carnegie
Classification of Institutions
of Higher Education as a
doctorate-granting university
with a high level of research
activity; or
(III) an institution
located in a State jurisdiction
eligible to participate in the
National Science Foundation's
Established Program to
Stimulate Competitive Research.
(B) Faculty technology ethics
fellowships.--
(i) In general.--The Director of
the National Science Foundation shall
establish a program to award
fellowships to tenure-track and tenured
faculty in social and behavioral
sciences, ethics, law, and related
fields to develop new research projects
and partnerships in technology ethics.
(ii) Purposes.--The purposes of
such fellowships are to enable
researchers in social and behavioral
sciences, ethics, law, and related
fields to establish new research and
education partnerships with researchers
in artificial intelligence and related
fields; learn new techniques and
acquire systematic knowledge in
artificial intelligence and related
fields; and mentor and advise graduate
students and postdocs pursuing research
in technology ethics.
(iii) Uses of funds.--A fellowship
may include salary and benefits for up
to one academic year, expenses to
support coursework or equivalent
training in artificial intelligence
systems, and additional such expenses
that the Director deems appropriate.
(C) Update to robert noyce teacher
scholarship program.--Section 10(i)(5) of the
National Science Foundation Authorization Act
of 2002 (42 U.S.C. 1862n-1(i)(5)) is amended by
inserting ``and artificial intelligence'' after
``computer science''.
(3) Update to advanced technological education
program.--
(A) In general.--Section 3(b) of the
Scientific and Advanced-Technology Act of 1992
(42 U.S.C. 1862(i)) is amended by striking
``10'' and inserting ``12''.
(B) Artificial intelligence centers of
excellence.--The Director of the National
Science Foundation shall establish national
centers of scientific and technical education
to advance education and workforce development
in areas related to artificial intelligence
pursuant to section 3 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C.
1862(i)). Activities of such centers may
include--
(i) the development, dissemination,
and evaluation of curriculum and other
educational tools and methods in
artificial intelligence related fields
and research areas, including
technology ethics;
(ii) the development and evaluation
of artificial intelligence related
certifications for 2-year programs; and
(iii) interdisciplinary science and
engineering research in employment-
based adult learning and career
retraining related to artificial
intelligence fields.
(f) National Science Foundation Pilot Program of Grants for
Research in Rapidly Evolving, High Priority Topics.--
(1) Pilot program required.--The Director of the
National Science Foundation shall establish a pilot
program to assess the feasibility and advisability of
awarding grants for the conduct of research in rapidly
evolving, high priority topics using funding mechanisms
that require brief project descriptions and internal
merit review, and that may include accelerated external
review.
(2) Duration.--
(A) In general.--The Director shall carry
out the pilot program required by paragraph (1)
during the 5-year period beginning on the date
of the enactment of this Act.
(B) Assessment and continuation
authority.--After the period set forth in
paragraph (2)(A)--
(i) the Director shall assess the
pilot program; and
(ii) if the Director determines
that it is both feasible and advisable
to do so, the Director may continue the
pilot program.
(3) Grants.--In carrying out the pilot program, the
Director shall award grants for the conduct of research
in topics selected by the Director in accordance with
paragraph (4).
(4) Topic selection.--The Director shall select
topics for research under the pilot program in
accordance with the following:
(A) The Director shall select artificial
intelligence as the initial topic for the pilot
program.
(B) The Director may select additional
topics that the Director determines are--
(i) rapidly evolving; and
(ii) of high importance to the
economy and security of the United
States.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this section--
(1) $868,000,000 for fiscal year 2021;
(2) $911,400,000 for fiscal year 2022;
(3) $956,970,000 for fiscal year 2023;
(4) $1,004,820,000 for fiscal year 2024; and
(5) $1,055,060,000 for fiscal year 2025.
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research
program.
SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH
PROGRAM.
(a) In General.--The Secretary shall carry out a cross-
cutting research and development program to advance artificial
intelligence tools, systems, capabilities, and workforce needs
and to improve the reliability of artificial intelligence
methods and solutions relevant to the mission of the
Department. In carrying out this program, the Secretary shall
coordinate across all relevant offices and programs at the
Department, including the Office of Science, the Office of
Energy Efficiency and Renewable Energy, the Office of Nuclear
Energy, the Office of Fossil Energy, the Office of Electricity,
the Office of Cybersecurity, Energy Security, and Emergency
Response, the Advanced Research Projects Agency-Energy, and any
other relevant office determined by the Secretary.
(b) Research Areas.--In carrying out the program under
subsection (a), the Secretary shall award financial assistance
to eligible entities to carry out research projects on topics
including--
(1) the application of artificial intelligence
systems to improve large-scale simulations of natural
and other phenomena;
(2) the study of applied mathematics, computer
science, and statistics, including foundations of
methods and systems of artificial intelligence, causal
and statistical inference, and the development of
algorithms for artificial intelligence systems;
(3) the analysis of existing large-scale datasets
from science and engineering experiments and
simulations, including energy simulations and other
priorities at the Department as determined by the
Secretary using artificial intelligence tools and
techniques;
(4) the development of operation and control
systems that enhance automated, intelligent
decisionmaking capabilities;
(5) the development of advanced computing hardware
and computer architecture tailored to artificial
intelligence systems, including the codesign of
networks and computational hardware;
(6) the development of standardized datasets for
emerging artificial intelligence research fields and
applications, including methods for addressing data
scarcity; and
(7) the development of trustworthy artificial
intelligence systems, including--
(A) algorithmic explainability;
(B) analytical methods for identifying and
mitigating bias in artificial intelligence
systems; and
(C) safety and robustness, including
assurance, verification, validation, security,
and control.
(c) Technology Transfer.--In carrying out the program under
subsection (a), the Secretary shall support technology transfer
of artificial intelligence systems for the benefit of society
and United States economic competitiveness.
(d) Facility Use and Upgrades.--In carrying out the program
under subsection (a), the Secretary shall--
(1) make available high-performance computing
infrastructure at national laboratories;
(2) make any upgrades necessary to enhance the use
of existing computing facilities for artificial
intelligence systems, including upgrades to hardware;
(3) establish new computing capabilities necessary
to manage data and conduct high performance computing
that enables the use of artificial intelligence
systems; and
(4) maintain and improve, as needed, networking
infrastructure, data input and output mechanisms, and
data analysis, storage, and service capabilities.
(e) Report on Ethics Statements.--Not later than 6 months
after publication of the study described in section
5401(d)(1)(C), the Secretary shall report to Congress on
options for requiring an ethics or risk statement as part of
all or a subset of applications for research activities funded
by the Department of Energy and performed at Department of
Energy national laboratories and user facilities.
(f) Risk Management.--The Secretary shall review agency
policies for risk management in artificial intelligence related
projects and issue as necessary policies and principles that
are consistent with the framework developed under section
22A(c) of the National Institute of Standards and Technology
Act (as added by section 5301 of this division).
(g) Data Privacy and Sharing.--The Secretary shall review
agency policies for data sharing with other public and private
sector organizations and issue as necessary policies and
principles that are consistent with the standards and
guidelines submitted under section 22A(e) of the National
Institute of Standards and Technology Act (as added by section
5301 of this division). In addition, the Secretary shall
establish a streamlined mechanism for approving research
projects or partnerships that require sharing sensitive public
or private data with the Department.
(h) Partnerships With Other Federal Agencies.--The
Secretary may request, accept, and provide funds from other
Federal departments and agencies, State, United States
territory, local, or Tribal government agencies, private sector
for-profit entities, and nonprofit entities, to be available to
the extent provided by appropriations Acts, to support a
research project or partnership carried out under this section.
The Secretary may not give any special consideration to any
agency or entity in return for a donation.
(i) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Secretary shall--
(1) collaborate with a range of stakeholders
including small businesses, institutes of higher
education, industry, and the National Laboratories;
(2) leverage the collective body of knowledge from
existing artificial intelligence and machine learning
research; and
(3) engage with other Federal agencies, research
communities, and potential users of information
produced under this section.
(j) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) National laboratory.--The term ``national
laboratory'' has the meaning given such term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(4) Eligible entities.--The term ``eligible
entities'' means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a nonprofit research organization;
(F) a private sector entity; or
(G) a consortium of 2 or more entities
described in subparagraphs (A) through (F).
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Department to carry out this
section--
(1) $200,000,000 for fiscal year 2021;
(2) $214,000,000 for fiscal year 2022;
(3) $228,980,000 for fiscal year 2023;
(4) $245,000,000 for fiscal year 2024; and
(5) $262,160,000 for fiscal year 2025.
DIVISION F--ANTI-MONEY LAUNDERING
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Anti-Money Laundering
Act of 2020''.
SEC. 6002. PURPOSES.
The purposes of this division are--
(1) to improve coordination and information sharing
among the agencies tasked with administering anti-money
laundering and countering the financing of terrorism
requirements, the agencies that examine financial
institutions for compliance with those requirements,
Federal law enforcement agencies, national security
agencies, the intelligence community, and financial
institutions;
(2) to modernize anti-money laundering and
countering the financing of terrorism laws to adapt the
government and private sector response to new and
emerging threats;
(3) to encourage technological innovation and the
adoption of new technology by financial institutions to
more effectively counter money laundering and the
financing of terrorism;
(4) to reinforce that the anti-money laundering and
countering the financing of terrorism policies,
procedures, and controls of financial institutions
shall be risk-based;
(5) to establish uniform beneficial ownership
information reporting requirements to--
(A) improve transparency for national
security, intelligence, and law enforcement
agencies and financial institutions concerning
corporate structures and insight into the flow
of illicit funds through those structures;
(B) discourage the use of shell
corporations as a tool to disguise and move
illicit funds;
(C) assist national security, intelligence,
and law enforcement agencies with the pursuit
of crimes; and
(D) protect the national security of the
United States; and
(6) to establish a secure, nonpublic database at
FinCEN for beneficial ownership information.
SEC. 6003. DEFINITIONS.
In this division:
(1) Bank secrecy act.--The term ``Bank Secrecy
Act'' means--
(A) section 21 of the Federal Deposit
Insurance Act (12 U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-
508 (12 U.S.C. 1951 et seq.); and
(C) subchapter II of chapter 53 of title
31, United States Code.
(2) Electronic fund transfer.--The term
``electronic fund transfer'' has the meaning given the
term in section 903 of the Electronic Fund Transfer Act
(15 U.S.C. 1693a).
(3) Federal functional regulator.--The term
``Federal functional regulator''--
(A) has the meaning given the term in
section 509 of the Gramm-Leach-Bliley Act (15
U.S.C. 6809); and
(B) includes any Federal regulator that
examines a financial institution for compliance
with the Bank Secrecy Act.
(4) Financial agency.--The term ``financial
agency'' has the meaning given the term in section
5312(a) of title 31, United States Code, as amended by
section 6102 of this division.
(5) Financial institution.--The term ``financial
institution''--
(A) has the meaning given the term in
section 5312 of title 31, United States Code;
and
(B) includes--
(i) an electronic fund transfer
network; and
(ii) a clearing and settlement
system.
(6) FinCEN.--The term ``FinCEN'' means the
Financial Crimes Enforcement Network of the Department
of the Treasury.
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(8) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given the term in section
3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(9) State credit union supervisor.--The term
``State credit union supervisor'' means a State
official described in section 107A(e) of the Federal
Credit Union Act (12 U.S.C. 1757a(e)).
TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY
LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the
financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring
authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law
enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and
assessment of Bank Secrecy Act application to dealers in arts.
Sec. 6111. Increasing technical assistance for international
cooperation.
Sec. 6112. International coordination.
SEC. 6101. ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION PRIORITIES.
(a) Declaration of Purpose.--Subchapter II of chapter 53 of
title 31, United States Code, is amended by striking section
5311 and inserting the following:
``Sec. 5311. Declaration of purpose
``It is the purpose of this subchapter (except section
5315) to--
``(1) require certain reports or records that are
highly useful in--
``(A) criminal, tax, or regulatory
investigations, risk assessments, or
proceedings; or
``(B) intelligence or counterintelligence
activities, including analysis, to protect
against terrorism;
``(2) prevent the laundering of money and the
financing of terrorism through the establishment by
financial institutions of reasonably designed risk-
based programs to combat money laundering and the
financing of terrorism;
``(3) facilitate the tracking of money that has
been sourced through criminal activity or is intended
to promote criminal or terrorist activity;
``(4) assess the money laundering, terrorism
finance, tax evasion, and fraud risks to financial
institutions, products, or services to--
``(A) protect the financial system of the
United States from criminal abuse; and
``(B) safeguard the national security of
the United States; and
``(5) establish appropriate frameworks for
information sharing among financial institutions, their
agents and service providers, their regulatory
authorities, associations of financial institutions,
the Department of the Treasury, and law enforcement
authorities to identify, stop, and apprehend money
launderers and those who finance terrorists.''.
(b) Anti-money Laundering Programs.--Section 5318 of title
31, United States Code, is amended--
(1) in subsection (a)(1), by striking ``subsection
(b)(2)'' and inserting ``subsections (b)(2) and
(h)(4)''; and
(2) in subsection (h)--
(A) in paragraph (1), in the matter
preceding subparagraph (A)--
(i) by inserting ``and the
financing of terrorism'' after ``money
laundering''; and
(ii) by inserting ``and countering
the financing of terrorism'' after
``anti-money laundering'';
(B) in paragraph (2)--
(i) by striking ``The Secretary''
and inserting the following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the
following:
``(B) Factors.--In prescribing the minimum
standards under subparagraph (A), and in
supervising and examining compliance with those
standards, the Secretary of the Treasury, and
the appropriate Federal functional regulator
(as defined in section 509 of the Gramm-Leach-
Bliley Act (12 U.S.C. 6809)) shall take into
account the following:
``(i) Financial institutions are
spending private compliance funds for a
public and private benefit, including
protecting the United States financial
system from illicit finance risks.
``(ii) The extension of financial
services to the underbanked and the
facilitation of financial transactions,
including remittances, coming from the
United States and abroad in ways that
simultaneously prevent criminal persons
from abusing formal or informal
financial services networks are key
policy goals of the United States.
``(iii) Effective anti-money
laundering and countering the financing
of terrorism programs safeguard
national security and generate
significant public benefits by
preventing the flow of illicit funds in
the financial system and by assisting
law enforcement and national security
agencies with the identification and
prosecution of persons attempting to
launder money and undertake other
illicit activity through the financial
system.
``(iv) Anti-money laundering and
countering the financing of terrorism
programs described in paragraph (1)
should be--
``(I) reasonably designed
to assure and monitor
compliance with the
requirements of this subchapter
and regulations promulgated
under this subchapter; and
``(II) risk-based,
including ensuring that more
attention and resources of
financial institutions should
be directed toward higher-risk
customers and activities,
consistent with the risk
profile of a financial
institution, rather than toward
lower-risk customers and
activities.''; and
(C) by adding at the end the following:
``(4) Priorities.--
``(A) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary of the Treasury, in consultation
with the Attorney General, Federal functional
regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809)),
relevant State financial regulators, and
relevant national security agencies, shall
establish and make public priorities for anti-
money laundering and countering the financing
of terrorism policy.
``(B) Updates.--Not less frequently than
once every 4 years, the Secretary of the
Treasury, in consultation with the Attorney
General, Federal functional regulators (as
defined in section 509 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6809)), relevant State
financial regulators, and relevant national
security agencies, shall update the priorities
established under subparagraph (A).
``(C) Relation to national strategy.--The
Secretary of the Treasury shall ensure that the
priorities established under subparagraph (A)
are consistent with the national strategy for
countering the financing of terrorism and
related forms of illicit finance developed
under section 261 of the Countering Russian
Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 131 Stat. 934).
``(D) Rulemaking.--Not later than 180 days
after the date on which the Secretary of the
Treasury establishes the priorities under
subparagraph (A), the Secretary of the
Treasury, acting through the Director of the
Financial Crimes Enforcement Network and in
consultation with the Federal functional
regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809)) and
relevant State financial regulators, shall, as
appropriate, promulgate regulations to carry
out this paragraph.
``(E) Supervision and examination.--The
review by a financial institution of the
priorities established under subparagraph (A)
and the incorporation of those priorities, as
appropriate, into the risk-based programs
established by the financial institution to
meet obligations under this subchapter, the USA
PATRIOT Act (Public Law 107-56; 115 Stat. 272),
and other anti-money laundering and countering
the financing of terrorism laws and regulations
shall be included as a measure on which a
financial institution is supervised and
examined for compliance with those obligations.
``(5) Duty.--The duty to establish, maintain and
enforce an anti-money laundering and countering the
financing of terrorism program as required by this
subsection shall remain the responsibility of, and be
performed by, persons in the United States who are
accessible to, and subject to oversight and supervision
by, the Secretary of the Treasury and the appropriate
Federal functional regulator (as defined in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)).''.
(c) Financial Crimes Enforcement Network.--Section
310(b)(2) of title 31, United States Code, is amended--
(1) by redesignating subparagraph (J) as
subparagraph (O); and
(2) by inserting after subparagraph (I) the
following:
``(J) Promulgate regulations under section
5318(h)(4)(D), as appropriate, to implement the
government-wide anti-money laundering and
countering the financing of terrorism
priorities established by the Secretary of the
Treasury under section 5318(h)(4)(A).
``(K) Communicate regularly with financial
institutions and Federal functional regulators
that examine financial institutions for
compliance with subchapter II of chapter 53 and
regulations promulgated under that subchapter
and law enforcement authorities to explain the
United States Government's anti-money
laundering and countering the financing of
terrorism priorities.
``(L) Give and receive feedback to and from
financial institutions, State bank supervisors,
and State credit union supervisors (as those
terms are defined in section 6003 of the Anti-
Money Laundering Act of 2020) regarding the
matters addressed in subchapter II of chapter
53 and regulations promulgated under that
subchapter.
``(M) Maintain money laundering and
terrorist financing investigation financial
experts capable of identifying, tracking, and
analyzing financial crime networks and
identifying emerging threats to support Federal
civil and criminal investigations.
``(N) Maintain emerging technology experts
to encourage the development of and identify
emerging technologies that can assist the
United States Government or financial
institutions in countering money laundering and
the financing of terrorism.''.
SEC. 6102. STRENGTHENING FINCEN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of FinCEN should be to continue to
safeguard the financial system from illicit activity,
counter money laundering and the financing of
terrorism, and promote national security through
strategic use of financial authorities and the
collection, analysis, and dissemination of financial
intelligence;
(2) in its mission to safeguard the financial
system from the abuses of financial crime, the United
States should prioritize working with partners in
Federal, State, local, Tribal, and foreign law
enforcement authorities;
(3) although the use and trading of virtual
currencies are legal practices, some terrorists and
criminals, including transnational criminal
organizations, seek to exploit vulnerabilities in the
global financial system and increasingly rely on
substitutes for currency, including emerging payment
methods (such as virtual currencies), to move illicit
funds; and
(4) in carrying out its mission, FinCEN should
ensure that its efforts fully support countering the
financing of terrorism efforts, including making sure
that steps to address emerging methods of such illicit
financing are high priorities.
(b) Expanding Information Sharing With Tribal
Authorities.--Section 310(b)(2) of title 31, United States
Code, is amended--
(1) in subparagraphs (C), (E), and (F), by
inserting ``Tribal,'' after ``local,'' each place that
term appears; and
(2) in subparagraph (C)(vi), by striking
``international''.
(c) Expansion of Reporting Authorities to Combat Money
Laundering.--Section 5318(a)(2) of title 31, United States
Code, is amended--
(1) by inserting ``, including the collection and
reporting of certain information as the Secretary of
the Treasury may prescribe by regulation,'' after
``appropriate procedures''; and
(2) by inserting ``, the financing of terrorism, or
other forms of illicit finance'' after ``money
laundering''.
(d) Value That Substitutes for Currency.--
(1) Definitions.--Section 5312(a) of title 31,
United States Code, is amended--
(A) in paragraph (1), by striking ``, or a
transaction in money, credit, securities, or
gold'' and inserting ``, a transaction in
money, credit, securities or gold, or a service
provided with respect to money, securities,
futures, precious metals, stones and jewels, or
value that substitutes for currency'';
(B) in paragraph (2)--
(i) in subparagraph (J), by
inserting ``, or a business engaged in
the exchange of currency, funds, or
value that substitutes for currency or
funds'' before the semicolon at the
end; and
(ii) in subparagraph (R), by
striking ``funds,'' and inserting
``currency, funds, or value that
substitutes for currency,''; and
(C) in paragraph (3)--
(i) in subparagraph (B), by
striking ``and'' at the end;
(ii) in subparagraph (C), by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following:
``(D) as the Secretary shall provide by
regulation, value that substitutes for any
monetary instrument described in subparagraph
(A), (B), or (C).''.
(2) Registration of money transmitting
businesses.--Section 5330(d) of title 31, United States
Code, is amended--
(A) in paragraph (1)(A)--
(i) by striking ``funds,'' and
inserting ``currency, funds, or value
that substitutes for currency,''; and
(ii) by striking ``system;;'' and
inserting ``system;''; and
(B) in paragraph (2)--
(i) by striking ``currency or funds
denominated in the currency of any
country'' and inserting ``currency,
funds, or value that substitutes for
currency'';
(ii) by striking ``currency or
funds, or the value of the currency or
funds,'' and inserting ``currency,
funds, or value that substitutes for
currency''; and
(iii) by inserting ``, including''
after ``means''.
SEC. 6103. FINCEN EXCHANGE.
Section 310 of title 31, United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(l); and
(2) by inserting after subsection (c) the
following:
``(d) FinCEN Exchange.--
``(1) Establishment.--The FinCEN Exchange is hereby
established within FinCEN.
``(2) Purpose.--The FinCEN Exchange shall
facilitate a voluntary public-private information
sharing partnership among law enforcement agencies,
national security agencies, financial institutions, and
FinCEN to--
``(A) effectively and efficiently combat
money laundering, terrorism financing,
organized crime, and other financial crimes,
including by promoting innovation and technical
advances in reporting--
``(i) under subchapter II of
chapter 53 and the regulations
promulgated under that subchapter; and
``(ii) with respect to other anti-
money laundering requirements;
``(B) protect the financial system from
illicit use; and
``(C) promote national security.
``(3) Report.--
``(A) In general.--Not later than 1 year
after the date of enactment of this subsection,
and once every 2 years thereafter for the next
5 years, the Secretary of the Treasury shall
submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives a report containing--
``(i) an analysis of the efforts
undertaken by the FinCEN Exchange,
which shall include an analysis of--
``(I) the results of those
efforts; and
``(II) the extent and
effectiveness of those efforts,
including any benefits realized
by law enforcement agencies
from partnering with financial
institutions, which shall be
consistent with standards
protecting sensitive
information; and
``(ii) any legislative,
administrative, or other
recommendations the Secretary may have
to strengthen the efforts of the FinCEN
Exchange.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified
annex.
``(4) Information sharing requirement.--Information
shared under this subsection shall be shared--
``(A) in compliance with all other
applicable Federal laws and regulations;
``(B) in such a manner as to ensure the
appropriate confidentiality of personal
information; and
``(C) at the discretion of the Director,
with the appropriate Federal functional
regulator, as defined in section 6003 of the
Anti-Money Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--FinCEN shall, as
appropriate, promulgate regulations that
establish procedures for the protection of
information shared and exchanged between FinCEN
and the private sector in accordance with this
section, consistent with the capacity, size,
and nature of the financial institution to
which the particular procedures apply.
``(B) Use of information.--Information
received by a financial institution pursuant to
this section shall not be used for any purpose
other than identifying and reporting on
activities that may involve the financing of
terrorism, money laundering, proliferation
financing, or other financial crimes.
``(6) Rule of construction.--Nothing in this
subsection may be construed to create new information
sharing authorities or requirements relating to the
Bank Secrecy Act.''.
SEC. 6104. INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM PERSONNEL ROTATION PROGRAM.
To promote greater effectiveness and efficiency in
combating money laundering, the financing of terrorism,
proliferation financing, serious tax fraud, trafficking,
sanctions evasion and other financial crimes, the Secretary
shall maintain and accelerate efforts to strengthen anti-money
laundering and countering the financing of terrorism efforts
through a personnel rotation program between the Federal
functional regulators and the Department of Justice, the
Federal Bureau of Investigation, the Department of Homeland
Security, the Department of Defense, and such other agencies as
the Secretary determines are appropriate.
SEC. 6105. TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL HIRING
AUTHORITY.
(a) FinCEN.--Section 310 of title 31, United States Code,
as amended by section 6103 of this division, is amended by
inserting after subsection (d) the following:
``(e) Special Hiring Authority.--
``(1) In general.--The Secretary of the Treasury
may appoint, without regard to the provisions of
sections 3309 through 3318 of title 5, candidates
directly to positions in the competitive service, as
defined in section 2102 of that title, in FinCEN.
``(2) Primary responsibilities.--The primary
responsibility of candidates appointed under paragraph
(1) shall be to provide substantive support in support
of the duties described in subparagraphs (A) through
(O) of subsection (b)(2).''.
(b) Office of Terrorism and Financial Intelligence.--
Section 312 of title 31, United States Code, is amended by
adding at the end the following:
``(g) Special Hiring Authority.--
``(1) In general.--The Secretary of the Treasury
may appoint, without regard to the provisions of
sections 3309 through 3318 of title 5, candidates
directly to positions in the competitive service, as
defined in section 2102 of that title, in the OTFI.
``(2) Primary responsibilities.--The primary
responsibility of candidates appointed under paragraph
(1) shall be to provide substantive support in support
of the duties described in subparagraphs (A) through
(G) of subsection (a)(4).
``(h) Deployment of Staff.--The Secretary of the Treasury
may detail, without regard to the provisions of section 300.301
of title 5, Code of Federal Regulations, any employee in the
OTFI to any position in the OTFI for which the Secretary has
determined there is a need.''.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for 5
years, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report
that includes the number of new employees hired during the
previous year under the authorities described in sections 310
and 312 of title 31, United States Code, along with position
titles and associated pay grades for such hires.
SEC. 6106. TREASURY ATTACHE PROGRAM.
(a) In General.--Subchapter I of chapter 3 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 316. Treasury Attache Program
``(a) In General.--There is established the Treasury
Financial Attache Program, under which the Secretary of the
Treasury shall appoint employees of the Department of the
Treasury as a Treasury Financial Attache, who shall--
``(1) further the work of the Department of the
Treasury in developing and executing the financial and
economic policy of the United States Government and the
international fight against terrorism, money
laundering, and other illicit finance;
``(2) be co-located in a United States Embassy, a
similar United States Government facility, or a foreign
government facility, as the Secretary determines is
appropriate;
``(3) establish and maintain relationships with
foreign counterparts, including employees of ministries
of finance, central banks, international financial
institutions, and other relevant official entities;
``(4) conduct outreach to local and foreign
financial institutions and other commercial actors;
``(5) coordinate with representatives of the
Department of Justice at United States Embassies who
perform similar functions on behalf of the United
States Government; and
``(6) perform such other actions as the Secretary
determines are appropriate.
``(b) Number of Attaches.--
``(1) In general.--The number of Treasury Financial
Attaches appointed under this section at any one time
shall be not fewer than 6 more employees than the
number of employees of the Department of the Treasury
serving as Treasury attaches on the date of enactment
of this section.
``(2) Additional posts.--The Secretary of the
Treasury may establish additional posts subject to the
availability of appropriations.
``(c) Compensation.--
``(1) In general.--Each Treasury Financial Attache
appointed under this section and located at a United
States Embassy shall receive compensation, including
allowances, at the higher of--
``(A) the rate of compensation, including
allowances, provided to a Foreign Service
officer serving at the same embassy; and
``(B) the rate of compensation, including
allowances, the Treasury Financial Attache
would otherwise have received, absent the
application of this subsection.
``(2) Phase in.--The compensation described in
paragraph (1) shall be phased in over 2 years.''.
(b) Clerical Amendment.--The table of sections for chapter
3 of title 31, United States Code, is amended by inserting
after the item relating to section 315 the following:
``316. Treasury Attache Program.''.
SEC. 6107. ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS.
Section 310 of title 31, United States Code, as amended by
sections 6103 and 6105 of this division, is amended by
inserting after subsection (e) the following:
``(f) FinCEN Domestic Liaisons.--
``(1) Establishment of office.--There is
established in FinCEN an Office of Domestic Liaison,
which shall be headed by the Chief Domestic Liaison.
``(2) Location.--The Office of the Domestic Liaison
shall be located in the District of Columbia.
``(g) Chief Domestic Liaison.--
``(1) In general.--The Chief Domestic Liaison,
shall--
``(A) report directly to the Director; and
``(B) be appointed by the Director, from
among individuals with experience or
familiarity with anti-money laundering program
examinations, supervision, and enforcement.
``(2) Compensation.--The annual rate of pay for the
Chief Domestic Liaison shall be equal to the highest
rate of annual pay for similarly situated senior
executives who report to the Director.
``(3) Staff of office.--The Chief Domestic Liaison,
with the concurrence of the Director, may retain or
employ counsel, research staff, and service staff, as
the Liaison determines necessary to carry out the
functions, powers, and duties under this subsection.
``(4) Domestic liaisons.--The Chief Domestic
Liaison, with the concurrence of the Director, shall
appoint not fewer than 6 senior FinCEN employees as
FinCEN Domestic Liaisons, who shall--
``(A) report to the Chief Domestic Liaison;
``(B) each be assigned to focus on a
specific region of the United States; and
``(C) be located at an office in such
region or co-located at an office of the Board
of Governors of the Federal Reserve System in
such region.
``(5) Functions of the domestic liaisons.--
``(A) In general.--Each Domestic Liaison
shall--
``(i) in coordination with relevant
Federal functional regulators, perform
outreach to BSA officers at financial
institutions, including nonbank
financial institutions, and persons
that are not financial institutions,
especially with respect to actions
taken by FinCEN that require specific
actions by, or have specific effects
on, such institutions or persons, as
determined by the Director;
``(ii) in accordance with
applicable agreements, receive feedback
from financial institutions and
examiners of Federal functional
regulators regarding their examinations
under the Bank Secrecy Act and
communicate that feedback to FinCEN,
the Federal functional regulators, and
State bank supervisors;
``(iii) promote coordination and
consistency of supervisory guidance
from FinCEN, the Federal functional
regulators, State bank supervisors, and
State credit union supervisors
regarding the Bank Secrecy Act;
``(iv) act as a liaison between
financial institutions and their
Federal functional regulators, State
bank supervisors, and State credit
union supervisors with respect to
information sharing matters involving
the Bank Secrecy Act and regulations
promulgated thereunder;
``(v) establish safeguards to
maintain the confidentiality of
communications between the persons
described in clause (ii) and the Office
of Domestic Liaison;
``(vi) to the extent practicable,
periodically propose to the Director
changes in the regulations, guidance,
or orders of FinCEN, including any
legislative or administrative changes
that may be appropriate to ensure
improved coordination and expand
information sharing under this
paragraph; and
``(vii) perform such other duties
as the Director determines to be
appropriate.
``(B) Rule of construction.--Nothing in
this paragraph may be construed to permit the
Domestic Liaisons to have authority over
supervision, examination, or enforcement
processes.
``(6) Access to documents.--FinCEN, to the extent
practicable and consistent with appropriate safeguards
for sensitive enforcement-related, pre-decisional, or
deliberative information, shall ensure that the
Domestic Liaisons have full access to the documents of
FinCEN, as necessary to carry out the functions of the
Office of Domestic Liaison.
``(7) Annual reports.--
``(A) In general.--Not later than 1 year
after the date of enactment of this subsection
and every 2 years thereafter for 5 years, the
Director shall submit to the Committee on
Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services
of the House of Representatives a report on the
objectives of the Office of Domestic Liaison
for the following fiscal year and the
activities of the Office during the immediately
preceding fiscal year.
``(B) Contents.--Each report required under
subparagraph (A) shall include--
``(i) appropriate statistical
information and full and substantive
analysis;
``(ii) information on steps that
the Office of Domestic Liaison has
taken during the reporting period to
address feedback received by financial
institutions and examiners of Federal
functional regulators relating to
examinations under the Bank Secrecy
Act;
``(iii) recommendations to the
Director for such administrative and
legislative actions as may be
appropriate to address information
sharing and coordination issues
encountered by financial institutions
or examiners of Federal functional
regulators; and
``(iv) any other information, as
determined appropriate by the Director.
``(C) Sensitive information.--
Notwithstanding subparagraph (D), FinCEN shall
review each report required under subparagraph
(A) before the report is submitted to ensure
the report does not disclose sensitive
information.
``(D) Independence.--
``(i) In general.--Each report
required under subparagraph (A) shall
be provided directly to the committees
listed in that subparagraph, except
that a relevant Federal functional
regulator, State bank supervisor,
Office of Management and Budget, or
State credit union supervisor shall
have an opportunity for review and
comment before the submission of the
report.
``(ii) Rule of construction.--
Nothing in clause (i) may be construed
to preclude FinCEN or any other
department or agency from reviewing a
report required under subparagraph (A)
for the sole purpose of protecting--
``(I) sensitive information
obtained by a law enforcement
agency; and
``(II) classified
information.
``(E) Classified information.--No report
required under subparagraph (A) may contain
classified information.
``(8) Definition.--In this subsection, the term
`Federal functional regulator' has the meaning given
the term in section 6003 of the Anti-Money Laundering
Act of 2020.''.
SEC. 6108. FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS.
Section 310 of title 31, United States Code, as amended by
sections 6103, 6105, and 6107 of this division, is amended by
inserting after subsection (g) the following:
``(h) FinCEN Foreign Financial Intelligence Unit
Liaisons.--
``(1) In general.--The Director of FinCEN shall
appoint not fewer than 6 Foreign Financial Intelligence
Unit Liaisons, who shall--
``(A) be knowledgeable about domestic or
international anti-money laundering or
countering the financing of terrorism laws and
regulations;
``(B) possess a technical understanding of
the Bank Secrecy Act, the protocols of the
Egmont Group of Financial Intelligence Units,
and the Financial Action Task Force and the
recommendations issued by that Task Force;
``(C) be co-located in a United States
embassy, a similar United States Government
facility, or a foreign government facility, as
appropriate;
``(D) facilitate capacity building and
perform outreach with respect to anti-money
laundering and countering the financing of
terrorism regulatory and analytical frameworks;
``(E) establish and maintain relationships
with officials from foreign intelligence units,
regulatory authorities, ministries of finance,
central banks, law enforcement agencies, and
other competent authorities;
``(F) participate in industry outreach
engagements with foreign financial institutions
and other commercial actors on anti-money
laundering and countering the financing of
terrorism issues;
``(G) coordinate with representatives of
the Department of Justice at United States
Embassies who perform similar functions on
behalf of the United States Government; and
``(H) perform such other duties as the
Director determines to be appropriate.
``(2) Compensation.--Each Foreign Financial
Intelligence Unit Liaison appointed under paragraph (1)
shall receive compensation at the higher of--
``(A) the rate of compensation paid to a
Foreign Service officer at a comparable career
level serving at the same embassy or facility,
as applicable; or
``(B) the rate of compensation that the
Liaison would have otherwise received.''.
SEC. 6109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW
ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS.
(a) In General.--Section 310 of title 31, United States
Code, as amended by sections 6103, 6105, 6107, and 6108 of this
division, is amended by inserting after subsection (h) the
following:
``(i) Protection of Information Obtained by Foreign Law
Enforcement and Financial Intelligence Units; Freedom of
Information Act.--
``(1) Definitions.--In this subsection:
``(A) Foreign anti-money laundering and
countering the financing of terrorism
authority.--The term `foreign anti-money
laundering and countering the financing of
terrorism authority' means any foreign agency
or authority that is empowered under foreign
law to regulate or supervise foreign financial
institutions (or designated non-financial
businesses and professions) with respect to
laws concerning anti-money laundering and
countering the financing of terrorism and
proliferation.
``(B) Foreign financial intelligence
unit.--The term `foreign financial intelligence
unit' means any foreign agency or authority,
including a foreign financial intelligence unit
that is a member of the Egmont Group of
Financial Intelligence Units, that is empowered
under foreign law as a jurisdiction's national
center for--
``(i) receipt and analysis of
suspicious transaction reports and
other information relevant to money
laundering, associated predicate
offenses, and the financing of
terrorism; and
``(ii) the dissemination of the
results of the analysis described in
clause (i).
``(C) Foreign law enforcement authority.--
The term `foreign law enforcement authority'
means any foreign agency or authority that is
empowered under foreign law to detect,
investigate, or prosecute potential violations
of law.
``(2) Information exchanged with foreign law
enforcement authorities, foreign financial intelligence
units, and foreign anti-money laundering and countering
the financing of terrorism authorities.--
``(A) In general.--The Department of the
Treasury may not be compelled to search for or
disclose information exchanged with a foreign
law enforcement authority, foreign financial
intelligence unit, or foreign anti-money
laundering and countering the financing of
terrorism authority.
``(B) Inapplicability of freedom of
information act.--
``(i) In general.--Section
552(a)(3) of title 5 (commonly known as
the `Freedom of Information Act') shall
not apply to any request for records or
information exchanged between the
Department of the Treasury and a
foreign law enforcement authority,
foreign financial intelligence unit, or
foreign anti-money laundering and
countering the financing of terrorism
authority.
``(ii) Specifically exempted by
statute.--For purposes of section 552
of title 5, this paragraph shall be
considered a statute described in
subsection (b)(3)(B) of that section.
``(C) Clarification on information
limitations and protections.--
``(i) In general.--The provisions
of this paragraph shall apply only to
information necessary to exercise the
duties and powers described under
subsection (b).
``(ii) Appropriate confidentiality,
classification, and data security
requirements.--The Secretary, in
consultation with the Director, shall
ensure that information provided to a
foreign law enforcement authority,
foreign financial intelligence unit, or
foreign anti-money laundering and
countering the financing of terrorism
authority, is subject to appropriate
confidentiality, classification, and
data security requirements.
``(3) Savings provision.--Nothing in this section
shall authorize the Department of the Treasury to
withhold information from Congress, decline to carry
out a search for information requested by Congress, or
prevent the Department of the Treasury from complying
with an order of a court of the United States in an
action commenced by the United States.''.
(b) Availability of Reports.--Section 5319 of title 31,
United States Code, is amended, in the fourth sentence, by
inserting ``search and'' before ``disclosure''.
SEC. 6110. BANK SECRECY ACT APPLICATION TO DEALERS IN ANTIQUITIES AND
ASSESSMENT OF BANK SECRECY ACT APPLICATION TO
DEALERS IN ARTS.
(a) Bank Secrecy Act Amendment.--
(1) In general.--Section 5312(a)(2) of title 31,
United States Code, is amended--
(A) by redesignating subparagraphs (Y) and
(Z) as subparagraphs (Z) and (AA),
respectively; and
(B) by inserting after subparagraph (X) the
following:
``(Y) a person engaged in the trade of
antiquities, including an advisor, consultant,
or any other person who engages as a business
in the solicitation or the sale of antiquities,
subject to regulations prescribed by the
Secretary;''.
(2) Effective date.--Section 5312(a)(2)(Y) of title
31, United States Code, as added by paragraph (1),
shall take effect on the effective date of the final
rules issued by the Secretary of the Treasury pursuant
to subsection (b).
(b) Rulemaking.--
(1) In general.--Not later than 360 days after the
date of enactment of this Act, the Secretary of the
Treasury shall issue proposed rules to carry out the
amendments made by subsection (a).
(2) Considerations.--Before issuing a proposed rule
under paragraph (1), the Secretary of the Treasury
(acting through the Director of the FinCEN), in
coordination with the Federal Bureau of Investigation,
the Attorney General, and Homeland Security
Investigations, shall consider--
(A) the appropriate scope for the
rulemaking, including determining which persons
should be subject to the rulemaking, by size,
type of business, domestic or international
geographical locations, or otherwise;
(B) the degree to which the regulations
should focus on high-value trade in
antiquities, and on the need to identify the
actual purchasers of such antiquities, in
addition to the agents or intermediaries acting
for or on behalf of such purchasers;
(C) the need, if any, to identify persons
who are dealers, advisors, consultants, or any
other persons who engage as a business in the
trade in antiquities;
(D) whether thresholds should apply in
determining which persons to regulate;
(E) whether certain exemptions should apply
to the regulations; and
(F) any other matter the Secretary
determines appropriate.
(c) Study of the Facilitation of Money Laundering and
Terror Finance Through the Trade in Works of Art.--The
Secretary, in coordination with the Director of the Federal
Bureau of Investigation, the Attorney General, and the
Secretary of Homeland Security, shall perform a study of the
facilitation of money laundering and the financing of terrorism
through the trade in works of art, including an analysis of--
(1) the extent to which the facilitation of money
laundering and terror finance through the trade in
works of art may enter or affect the financial system
of the United States, including any qualitative or
quantitative data or statistics;
(2) an evaluation of which markets, by size, entity
type, domestic or international geographical locations,
or otherwise, should be subject to any regulations;
(3) the degree to which the regulations, if any,
should focus on high-value trade in works of art, and
on the need to identify the actual purchasers of such
works, in addition to the agents or intermediaries
acting for or on behalf of such purchasers;
(4) the need, if any, to identify persons who are
dealers, advisors, consultants, or any other persons
who engage as a business in the trade in works of art;
(5) whether thresholds and definitions should apply
in determining which entities, if any, to regulate;
(6) an evaluation of whether certain exemptions
should apply;
(7) whether information on certain transactions in
the trade in works of art has a high degree of
usefulness in criminal, tax, or regulatory matters; and
(8) any other matter the Secretary determines is
appropriate.
(d) Report.--Not later than 360 days after the date of
enactment of this Act, the Secretary, in coordination with the
Director of the Federal Bureau of Investigation, the Attorney
General, and the Secretary of Homeland Security, shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a report that contains all findings and
determinations made in carrying out the study required under
subsection (c).
(e) Technical and Conforming Amendments.--
(1) The Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8501 et seq.) is amended--
(A) in section 104(i)(1)(C) (22 U.S.C.
8513(i)(1)(C)), by striking ``(Y)'' and
inserting ``(Z)''; and
(B) in section 104A(d)(1) (22 U.S.C.
8513b(d)(1)), by striking ``(Y)'' and inserting
``(Z)''.
(2) Section 2(4) of the Ukraine Freedom Support Act
of 2014 (22 U.S.C. 8921(4)) is amended by striking
``(Y)'' and inserting ``(Z)''.
SEC. 6111. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Secretary for the purpose described
in paragraph (2) $60,000,000 for each of fiscal years
2020 through 2024.
(2) Purpose described.--The purpose described in
this paragraph is the provision of technical assistance
to foreign countries, and financial institutions in
foreign countries, that promotes compliance with
international standards and best practices, including
in particular international standards and best
practices relating to the establishment of effective
anti-money laundering programs and programs for
countering the financing of terrorism.
(3) Sense of congress.--It is the sense of Congress
that this subsection could affect a number of Federal
agencies and departments and the Secretary should, as
appropriate, consult with the heads of those affected
agencies and departments, including the Attorney
General, in providing the technical assistance required
under this subsection.
(b) Report on Technical Assistance Provided by Office of
Technical Assistance.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, and every 2 years
thereafter for 5 years, the Secretary shall submit to
Congress a report on the assistance described in
subsection (a)(2) provided by the Office of Technical
Assistance of the Department of the Treasury.
(2) Elements.--Each report required under paragraph
(1) shall include--
(A) a description of the strategic goals of
the Office of Technical Assistance in the year
preceding submission of the report, including
an explanation of how technical assistance
provided by the Office in that year advanced
those goals;
(B) a description of technical assistance
provided by the Office in that year, including
the objectives and delivery methods of the
assistance;
(C) a list of beneficiaries and providers
(other than Office staff) of the technical
assistance during that year; and
(D) a description of how--
(i) technical assistance provided
by the Office complements, duplicates,
or otherwise affects or is affected by
technical assistance provided by the
international financial institutions
(as defined in section 1701(c) of the
International Financial Institutions
Act (22 U.S.C. 262r(c))); and
(ii) efforts to coordinate the
technical assistance described in
clause (i).
SEC. 6112. INTERNATIONAL COORDINATION.
(a) In General.--The Secretary shall work with foreign
counterparts of the Secretary, including through bilateral
contacts, the Financial Action Task Force, the International
Monetary Fund, the World Bank, the Egmont Group of Financial
Intelligence Units, the Organisation for Economic Co-operation
and Development, the Basel Committee on Banking Supervision,
and the United Nations, to promote stronger anti-money
laundering frameworks and enforcement of anti-money laundering
laws.
(b) Support for Strengthening the Capacity of the
International Monetary Fund to Prevent Money Laundering and the
Financing of Terrorism.--Section 7125 of the Otto Warmbier
North Korea Nuclear Sanctions and Enforcement Act of 2019
(title LXXI of division F of Public Law 116-92; 133 Stat. 2249)
is amended--
(1) in subsection (b), by striking ``5'' and
inserting ``6''; and
(2) in subsection (c), by striking ``2023'' and
inserting ``2024''.
TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.
Sec. 6202. Additional considerations for suspicious activity reporting
requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports
and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports
thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious
activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private
partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
SEC. 6201. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Attorney
General, in consultation with the Secretary, Federal law
enforcement agencies, the Director of National Intelligence,
Federal functional regulators, and the heads of other
appropriate Federal agencies, shall submit to the Secretary a
report that contains statistics, metrics, and other information
on the use of data derived from financial institutions
reporting under the Bank Secrecy Act (referred to in this
subsection as the ``reported data''), including--
(1) the frequency with which the reported data
contains actionable information that leads to--
(A) further procedures by law enforcement
agencies, including the use of a subpoena,
warrant, or other legal process; or
(B) actions taken by intelligence, national
security, or homeland security agencies;
(2) calculations of the time between the date on
which the reported data is reported and the date on
which the reported data is used by law enforcement,
intelligence, national security, or homeland security
agencies, whether through the use of--
(A) a subpoena or warrant; or
(B) other legal process or action;
(3) an analysis of the transactions associated with
the reported data, including whether--
(A) the suspicious accounts that are the
subject of the reported data were held by legal
entities or individuals; and
(B) there are trends and patterns in cross-
border transactions to certain countries;
(4) the number of legal entities and individuals
identified by the reported data;
(5) information on the extent to which arrests,
indictments, convictions, criminal pleas, civil
enforcement or forfeiture actions, or actions by
national security, intelligence, or homeland security
agencies were related to the use of the reported data;
and
(6) data on the investigations carried out by State
and Federal authorities resulting from the reported
data.
(b) Report.--Beginning with the fifth report submitted
under subsection (a), and once every 5 years thereafter, that
report shall include a section describing the use of data
derived from reporting by financial institutions under the Bank
Secrecy Act over the 5 years preceding the date on which the
report is submitted, which shall include a description of long-
term trends and the use of long-term statistics, metrics, and
other information.
(c) Trends, Patterns, and Threats.--Each report required
under subsection (a) and each section included under subsection
(b) shall contain a description of retrospective trends and
emerging patterns and threats in money laundering and the
financing of terrorism, including national and regional trends,
patterns, and threats relevant to the classes of financial
institutions that the Attorney General determines appropriate.
(d) Use of Report Information.--The Secretary shall use the
information reported under subsections (a), (b), and (c)--
(1) to help assess the usefulness of reporting
under the Bank Secrecy Act to--
(A) criminal and civil law enforcement
agencies;
(B) intelligence, defense, and homeland
security agencies; and
(C) Federal functional regulators;
(2) to enhance feedback and communications with
financial institutions and other entities subject to
requirements under the Bank Secrecy Act, including by
providing more detail in the reports published and
distributed under section 314(d) of the USA PATRIOT Act
(31 U.S.C. 5311 note);
(3) to assist FinCEN in considering revisions to
the reporting requirements promulgated under section
314(d) of the USA PATRIOT Act (31 U.S.C. 5311 note);
and
(4) for any other purpose the Secretary determines
is appropriate.
(e) Confidentiality.--Any information received by a
financial institution under this section shall be subject to
confidentiality requirements established by the Secretary.
SEC. 6202. ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY REPORTING
REQUIREMENTS.
Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
``(5) Considerations in imposing reporting
requirements.--
``(A) Definitions.--In this paragraph, the
terms `Bank Secrecy Act', `Federal functional
regulator', `State bank supervisor', and `State
credit union supervisor' have the meanings
given the terms in section 6003 of the Anti-
Money Laundering Act of 2020.
``(B) Requirements.--In imposing any
requirement to report any suspicious
transaction under this subsection, the
Secretary of the Treasury, in consultation with
the Attorney General, appropriate
representatives of State bank supervisors,
State credit union supervisors, and the Federal
functional regulators, shall consider items
that include--
``(i) the national priorities
established by the Secretary;
``(ii) the purposes described in
section 5311; and
``(iii) the means by or form in
which the Secretary shall receive such
reporting, including the burdens
imposed by such means or form of
reporting on persons required to
provide such reporting, the efficiency
of the means or form, and the benefits
derived by the means or form of
reporting by Federal law enforcement
agencies and the intelligence community
in countering financial crime,
including money laundering and the
financing of terrorism.
``(C) Compliance program.--Reports filed
under this subsection shall be guided by the
compliance program of a covered financial
institution with respect to the Bank Secrecy
Act, including the risk assessment processes of
the covered institution that should include a
consideration of priorities established by the
Secretary of the Treasury under section 5318.
``(D) Streamlined data and real-time
reporting.--
``(i) Requirement to establish
system.--In considering the means by or
form in which the Secretary of the
Treasury shall receive reporting
pursuant to subparagraph (B)(iii), the
Secretary of the Treasury, acting
through the Director of the Financial
Crimes Enforcement Network, and in
consultation with appropriate
representatives of the State bank
supervisors, State credit union
supervisors, and Federal functional
regulators, shall--
``(I) establish
streamlined, including
automated, processes to, as
appropriate, permit the filing
of noncomplex categories of
reports that--
``(aa) reduce
burdens imposed on
persons required to
report; and
``(bb) do not
diminish the usefulness
of the reporting to
Federal law enforcement
agencies, national
security officials, and
the intelligence
community in combating
financial crime,
including the financing
of terrorism;
``(II) subject to clause
(ii)--
``(aa) permit
streamlined, including
automated, reporting
for the categories
described in subclause
(I); and
``(bb) establish
the conditions under
which the reporting
described in item (aa)
is permitted; and
``(III) establish
additional systems and
processes as necessary to allow
for the reporting described in
subclause (II)(aa).
``(ii) Standards.--The Secretary of
the Treasury--
``(I) in carrying out
clause (i), shall establish
standards to ensure that
streamlined reports relate to
suspicious transactions
relevant to potential
violations of law (including
regulations); and
``(II) in establishing the
standards under subclause (I),
shall consider transactions,
including structured
transactions, designed to evade
any regulation promulgated
under this subchapter, certain
fund and asset transfers with
little or no apparent economic
or business purpose,
transactions without lawful
purposes, and any other
transaction that the Secretary
determines to be appropriate.
``(iii) Rule of construction.--
Nothing in this subparagraph may be
construed to preclude the Secretary of
the Treasury from--
``(I) requiring reporting
as provided for in
subparagraphs (B) and (C); or
``(II) notifying Federal
law enforcement with respect to
any transaction that the
Secretary has determined
implicates a national priority
established by the
Secretary.''.
SEC. 6203. LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY REPORTS.
(a) Feedback.--
(1) In general.--FinCEN shall, to the extent
practicable, periodically solicit feedback from
individuals designated under section 5318(h)(1)(B) of
title 31, United States Code, by a variety of financial
institutions representing a cross-section of the
reporting industry to review the suspicious activity
reports filed by those financial institutions and
discuss trends in suspicious activity observed by
FinCEN.
(2) Coordination with federal functional regulators
and state bank supervisors and state credit union
supervisors.--FinCEN shall provide any feedback
solicited under paragraph (1) to the appropriate
Federal functional regulator, State bank supervisor, or
State credit union supervisor during the regularly
scheduled examination of the applicable financial
institution by the Federal functional regulator, State
bank supervisor, or State credit union supervisor, as
applicable.
(b) Disclosure Required.--
(1) In general.--
(A) Periodic disclosure.--Except as
provided in paragraph (2), FinCEN shall, to the
extent practicable, periodically disclose to
each financial institution, in summary form,
information on suspicious activity reports
filed that proved useful to Federal or State
criminal or civil law enforcement agencies
during the period since the most recent
disclosure under this paragraph to the
financial institution.
(B) Rule of construction.--Nothing in this
paragraph may be construed to require the
public disclosure of any information filed with
the Department of the Treasury under the Bank
Secrecy Act.
(2) Exception for ongoing or closed investigations
and to protect national security.--FinCEN shall not be
required to disclose to a financial institution any
information under paragraph (1) that relates to an
ongoing or closed investigation or implicates the
national security of the United States.
(3) Maintenance of statistics.--With respect to the
actions described in paragraph (1), FinCEN shall keep
records of all such actions taken to assist with the
production of the reports described in paragraph (5) of
section 5318(g) of title 31, United States Code, as
added by section 6202 of this division, and for other
purposes.
(4) Coordination with department of justice.--The
information disclosed by FinCEN under this subsection
shall include information from the Department of
Justice regarding--
(A) the review and use by the Department of
suspicious activity reports filed by the
applicable financial institution during the
period since the most recent disclosure under
this subsection; and
(B) any trends in suspicious activity
observed by the Department.
SEC. 6204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS
AND SUSPICIOUS ACTIVITY REPORTS.
(a) Review.--The Secretary, in consultation with the
Attorney General, Federal law enforcement agencies, the
Secretary of Homeland Security, the Federal functional
regulators, State bank supervisors, State credit union
supervisors, and other relevant stakeholders, shall undertake a
formal review of the financial institution reporting
requirements relating to currency transaction reports and
suspicious activity reports, as in effect on the date of
enactment of this Act, including the processes used to submit
reports under the Bank Secrecy Act, regulations implementing
the Bank Secrecy Act, and related guidance, and propose changes
to those reports to reduce any unnecessarily burdensome
regulatory requirements and ensure that the information
provided fulfills the purposes described in section 5311 of
title 31, United States Code, as amended by section 6101(a) of
this division.
(b) Contents.--The review required under subsection (a)
shall--
(1) rely substantially on information obtained
through the BSA Data Value Analysis Project conducted
by FinCEN; and
(2) include a review of--
(A) whether the circumstances under which a
financial institution determines whether to
file a continuing suspicious activity report,
including insider abuse, or the processes
followed by a financial institution in
determining whether to file a continuing
suspicious activity report, or both, should be
streamlined or otherwise adjusted;
(B) whether different thresholds should
apply to different categories of activities;
(C) the fields designated as critical on
the suspicious activity report form, the fields
on the currency transaction report form, and
whether the number or nature of the fields on
those forms should be adjusted;
(D) the categories, types, and
characteristics of suspicious activity reports
and currency transaction reports that are of
the greatest value to, and that best support,
investigative priorities of law enforcement and
national security agencies;
(E) the increased use or expansion of
exemption provisions to reduce currency
transaction reports that may be of little or no
value to the efforts of law enforcement
agencies;
(F) the most appropriate ways to promote
financial inclusion and address the adverse
consequences of financial institutions de-
risking entire categories of relationships,
including charities, embassy accounts, and
money service businesses (as defined in section
1010.100(ff) of title 31, Code of Federal
Regulations), and certain groups of
correspondent banks without conducting a proper
assessment of the specific risk of each
individual member of these populations;
(G) the current financial institution
reporting requirements under the Bank Secrecy
Act and regulations and guidance implementing
the Bank Secrecy Act;
(H) whether the process for the electronic
submission of reports could be improved for
both financial institutions and law enforcement
agencies, including by allowing greater
integration between financial institution
systems and the electronic filing system to
allow for automatic population of report fields
and the automatic submission of transaction
data for suspicious transactions, without
bypassing the obligation of each reporting
financial institution to assess the specific
risk of the transactions reported;
(I) the appropriate manner in which to
ensure the security and confidentiality of
personal information;
(J) how to improve the cross-referencing of
individuals or entities operating at multiple
financial institutions and across international
borders;
(K) whether there are ways to improve
currency transaction report aggregation for
entities with common ownership;
(L) whether financial institutions should
be permitted to streamline or otherwise adjust,
with respect to particular types of customers
or transactions, the process for determining
whether activity is suspicious or the
information included in the narrative of a
suspicious activity report; and
(M) any other matter the Secretary
determines is appropriate.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Attorney General, Federal law enforcement agencies, the
Director of National Intelligence, the Secretary of Homeland
Security, and the Federal functional regulators, shall--
(1) submit to Congress a report that contains all
findings and determinations made in carrying out the
review required under subsection (a); and
(2) propose rulemakings, as appropriate, to
implement the findings and determinations described in
paragraph (1).
SEC. 6205. CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS
THRESHOLDS REVIEW.
(a) Review of Thresholds for Certain Currency Transaction
Reports and Suspicious Activity Reports.--The Secretary, in
consultation with the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the
Federal functional regulators, State bank supervisors, State
credit union supervisors, and other relevant stakeholders,
shall review and determine whether the dollar thresholds,
including aggregate thresholds, under sections 5313, 5318(g),
and 5331 of title 31, United States Code, including regulations
issued under those sections, should be adjusted.
(b) Considerations.--In making the determinations required
under subsection (a), the Secretary, in consultation with the
Attorney General, the Director of National Intelligence, the
Secretary of Homeland Security, the Federal functional
regulators, State bank supervisors, State credit union
supervisors, and other relevant stakeholders, shall--
(1) rely substantially on information obtained
through the BSA Data Value Analysis Project conducted
by FinCEN and on information obtained through the
Currency Transaction Report analyses conducted by the
Comptroller General of the United States; and
(2) consider--
(A) the effects that adjusting the
thresholds would have on law enforcement,
intelligence, national security, and homeland
security agencies;
(B) the costs likely to be incurred or
saved by financial institutions from any
adjustment to the thresholds;
(C) whether adjusting the thresholds would
better conform the United States with
international norms and standards to counter
money laundering and the financing of
terrorism;
(D) whether currency transaction report
thresholds should be tied to inflation or
otherwise be adjusted based on other factors
consistent with the purposes of the Bank
Secrecy Act;
(E) any other matter that the Secretary
determines is appropriate.
(c) Report and Rulemakings.--Not later than 1 year after
the date of enactment of this Act, the Secretary, in
consultation with the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the
Federal functional regulators, State bank supervisors, State
credit union supervisors, and other relevant stakeholders,
shall--
(1) publish a report of the findings from the
review required under subsection (a); and
(2) propose rulemakings, as appropriate, to
implement the findings and determinations described in
paragraph (1).
(d) Updates.--Not less frequently than once every 5 years
during the 10-year period beginning on the date of enactment of
this Act, the Secretary shall--
(1) evaluate findings and rulemakings described in
subsection (c); and
(2) transmit a written summary of the evaluation to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
(3) propose rulemakings, as appropriate, in
response to the evaluation required under paragraph
(1).
SEC. 6206. SHARING OF THREAT PATTERN AND TREND INFORMATION.
Section 5318(g) of title 31, United States Code, as amended
by section 6202 of this division, is amended by adding at the
end the following:
``(6) Sharing of threat pattern and trend
information.--
``(A) Definitions.--In this paragraph--
``(i) the terms `Bank Secrecy Act'
and `Federal functional regulator' have
the meanings given the terms in section
6003 of the Anti-Money Laundering Act
of 2020; and
``(ii) the term `typology' means a
technique to launder money or finance
terrorism.
``(B) Suspicious activity report activity
review.--Not less frequently than semiannually,
the Director of the Financial Crimes
Enforcement Network shall publish threat
pattern and trend information to provide
meaningful information about the preparation,
use, and value of reports filed under this
subsection by financial institutions, as well
as other reports filed by financial
institutions under the Bank Secrecy Act.
``(C) Inclusion of typologies.--In each
publication published under subparagraph (B),
the Director shall provide financial
institutions and the Federal functional
regulators with typologies, including data that
can be adapted in algorithms if appropriate,
relating to emerging money laundering and
terrorist financing threat patterns and trends.
``(7) Rules of construction.--Nothing in this
subsection may be construed as precluding the Secretary
of the Treasury from--
``(A) requiring reporting as provided under
subparagraphs (A) and (B) of paragraph (6); or
``(B) notifying a Federal law enforcement
agency with respect to any transaction that the
Secretary has determined directly implicates a
national priority established by the
Secretary.''.
SEC. 6207. SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY.
Section 1564 of the Annunzio-Wylie Anti-Money Laundering
Act (31 U.S.C. 5311 note) is amended by adding at the end the
following:
``(d) Subcommittee on Innovation and Technology.--
``(1) Definitions.--In this subsection, the terms
`Bank Secrecy Act', `State bank supervisor', and `State
credit union supervisor' have the meanings given the
terms in section 6003 of the Anti-Money Laundering Act
of 2020.
``(2) Establishment.--There shall be within the
Bank Secrecy Act Advisory Group a subcommittee to be
known as the `Subcommittee on Innovation and
Technology' to--
``(A) advise the Secretary of the Treasury
regarding means by which the Department of the
Treasury, FinCEN, the Federal functional
regulators, State bank supervisors, and State
credit union supervisors, as appropriate, can
most effectively encourage and support
technological innovation in the area of anti-
money laundering and countering the financing
of terrorism and proliferation; and
``(B) reduce, to the extent practicable,
obstacles to innovation that may arise from
existing regulations, guidance, and examination
practices related to compliance of financial
institutions with the Bank Secrecy Act.
``(3) Membership.--
``(A) In general.--The subcommittee
established under paragraph (1) shall consist
of the representatives of the heads of the
Federal functional regulators, including, as
appropriate, the Bank Secrecy Act Innovation
Officers as established in section 6208 of the
Anti-Money Laundering Act of 2020, a
representative of State bank supervisors, a
representative of State credit union
supervisors, representatives of a cross-section
of financial institutions subject to the Bank
Secrecy Act, law enforcement, FinCEN, and any
other representative as determined by the
Secretary of the Treasury.
``(B) Requirements.--Each agency
representative described in subparagraph (A)
shall be an individual who has demonstrated
knowledge and competence concerning the
application of the Bank Secrecy Act.
``(4) Sunset.--
``(A) In general.--Except as provided in
subparagraph (B), the Subcommittee on
Innovation and Technology shall terminate on
the date that is 5 years after the date of
enactment of this subsection.
``(B) Exception.--The Secretary of the
Treasury may renew the Subcommittee on
Innovation for 1-year periods beginning on the
date that is 5 years after the date of
enactment of this subsection.''.
SEC. 6208. ESTABLISHMENT OF BANK SECRECY ACT INNOVATION OFFICERS.
(a) Appointment of Officers.--Not later than 1 year after
the effective date of the regulations promulgated under
subsection (d) of section 310 of title 31, United States Code,
as added by section 6103 of this division, an Innovation
Officer shall be appointed within FinCEN and each Federal
functional regulator.
(b) Innovation Officer.--The Innovation Officer shall be
appointed by, and report to, the Director of FinCEN or the head
of the Federal functional regulator, as applicable.
(c) Duties.--Each Innovation Officer, in coordination with
other Innovation Officers and the agencies of the Innovation
Officers, shall--
(1) provide outreach to law enforcement agencies,
State bank supervisors, financial institutions and
associations of financial institutions, agents of
financial institutions, and other persons (including
service providers, vendors and technology companies)
with respect to innovative methods, processes, and new
technologies that may assist in compliance with the
requirements of the Bank Secrecy Act;
(2) provide technical assistance or guidance
relating to the implementation of responsible
innovation and new technology by financial institutions
and associations of financial institutions, agents of
financial institutions, and other persons (including
service providers, vendors and technology companies),
in a manner that complies with the requirements of the
Bank Secrecy Act;
(3) if appropriate, explore opportunities for
public-private partnerships; and
(4) if appropriate, develop metrics of success.
SEC. 6209. TESTING METHODS RULEMAKING.
(a) In General.--Section 5318 of title 31, United States
Code is amended by adding at the end the following:
``(o) Testing.--
``(1) In general.--The Secretary of the Treasury,
in consultation with the head of each agency to which
the Secretary has delegated duties or powers under
subsection (a), shall issue a rule to specify with
respect to technology and related technology internal
processes designed to facilitate compliance with the
requirements under this subchapter, the standards by
which financial institutions are to test the technology
and related technology internal processes.
``(2) Standards.--The standards described in
paragraph (1) may include--
``(A) an emphasis on using innovative
approaches such as machine learning or other
enhanced data analytics processes;
``(B) risk-based testing, oversight, and
other risk management approaches of the regime,
prior to and after implementation, to
facilitate calibration of relevant systems and
prudently evaluate and monitor the
effectiveness of their implementation;
``(C) specific criteria for when and how
risk-based testing against existing processes
should be considered to test and validate the
effectiveness of relevant systems and
situations and standards for when other risk
management processes, including those developed
by or through third party risk and compliance
management systems, and oversight may be more
appropriate;
``(D) specific standards for a risk
governance framework for financial institutions
to provide oversight and to prudently evaluate
and monitor systems and testing processes both
pre- and post-implementation;
``(E) requirements for appropriate data
privacy and information security; and
``(F) a requirement that the system
configurations, including any applicable
algorithms and any validation of those
configurations used by the regime be disclosed
to the Financial Crimes Enforcement Network and
the appropriate Federal functional regulator
upon request.
``(3) Confidentiality of algorithms.--
``(A) In general.--If a financial
institution or any director, officer, employee,
or agent of any financial institution,
voluntarily or pursuant to this subsection or
any other authority, discloses the algorithms
of the financial institution to a government
agency, the algorithms and any materials
associated with the creation or adaption of
such algorithms shall be considered
confidential and not subject to public
disclosure.
``(B) Freedom of information act.--Section
552(a)(3) of title 5 (commonly known as the
`Freedom of Information Act') shall not apply
to any request for algorithms described in
subparagraph (A) and any materials associated
with the creation or adaptation of the
algorithms.
``(4) Definition.--In this subsection, the term
`Federal functional regulator' means--
``(A) the Board of Governors of the Federal
Reserve System;
``(B) the Office of the Comptroller of the
Currency;
``(C) the Federal Deposit Insurance
Corporation;
``(D) the National Credit Union
Administration;
``(E) the Securities and Exchange
Commission; and
``(F) the Commodity Futures Trading
Commission.''.
(b) Update of Manual.--The Financial Institutions
Examination Council shall ensure that any manual prepared by
the Council is--
(1) updated to reflect the rulemaking required by
subsection (o) section 5318 of title 31, United States
Code, as added by subsection (a) of this section; and
(2) consistent with relevant FinCEN and Federal
functional regulator guidance, including the December
2018 Joint Statement on Innovative Efforts to Combat
Money Laundering and Terrorist Financing.
SEC. 6210. FINANCIAL TECHNOLOGY ASSESSMENT.
(a) In General.--The Secretary, in consultation with
financial regulators, technology experts, national security
experts, law enforcement, and any other group the Secretary
determines is appropriate, shall analyze the impact of
financial technology on financial crimes compliance, including
with respect to money laundering, the financing of terrorism,
proliferation finance, serious tax fraud, trafficking,
sanctions evasion, and other illicit finance.
(b) Coordination.--In carrying out the duties required
under this section, the Secretary shall consult with relevant
agency officials and consider other interagency efforts and
data relating to examining the impact of financial technology,
including activities conducted by--
(1) cyber security working groups at the Department
of the Treasury;
(2) cyber security experts identified by the
Attorney General and the Secretary of Homeland
Security;
(3) the intelligence community; and
(4) the Financial Stability Oversight Council.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate and the Committee
on Financial Services and the Committee on Foreign Affairs of
the House of Representatives a report containing any findings
under subsection (a), including legislative and administrative
recommendations.
SEC. 6211. FINANCIAL CRIMES TECH SYMPOSIUM.
(a) Purpose.--The purposes of this section are to--
(1) promote greater international collaboration in
the effort to prevent and detect financial crimes and
suspicious activities; and
(2) facilitate the investigation, development, and
timely adoption of new technologies aimed at preventing
and detecting financial crimes and other illicit
activities.
(b) Periodic Meetings.--The Secretary shall, in
coordination with the Subcommittee on Innovation and Technology
established under subsection (d) of section 1564 of the
Annunzio-Wylie Anti-Money Laundering Act, as added by section
6207 of this division, periodically convene a global anti-money
laundering and financial crime symposium focused on how new
technology can be used to more effectively combat financial
crimes and other illicit activities.
(c) Attendees.--Attendees at each symposium convened under
this section shall include domestic and international financial
regulators, senior executives from regulated firms, technology
providers, representatives from law enforcement and national
security agencies, academic and other experts, and other
individuals that the Secretary determines are appropriate.
(d) Panels.--At each symposium convened under this section,
the Secretary shall convene panels in order to review new
technologies and permit attendees to demonstrate proof of
concept.
(e) Implementation and Reports.--The Secretary shall, to
the extent practicable and necessary, work to provide policy
clarity, which may include providing reports or guidance to
stakeholders, regarding innovative technologies and practices
presented at each symposium convened under this section, to the
extent that those technologies and practices further the
purposes of this section.
(f) FinCEN Briefing.--Not later than 90 days after the date
of enactment of this Act, the Director of FinCEN shall brief
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives on the use of emerging technologies,
including--
(1) the status of implementation and internal use
of emerging technologies, including artificial
intelligence, digital identity technologies,
distributed ledger technologies, and other innovative
technologies within FinCEN;
(2) whether artificial intelligence, digital
identity technologies, distributed ledger technologies,
and other innovative technologies can be further
leveraged to make data analysis by FinCEN more
efficient and effective;
(3) whether FinCEN could better use artificial
intelligence, digital identity technologies,
distributed ledger technologies, and other innovative
technologies to--
(A) more actively analyze and disseminate
the information FinCEN collects and stores to
provide investigative leads to Federal, State,
Tribal, and local law enforcement agencies and
other Federal agencies; and
(B) better support ongoing investigations
by FinCEN when referring a case to the agencies
described in subparagraph (A);
(4) with respect to each of paragraphs (1), (2),
and (3), any best practices or significant concerns
identified by the Director, and their applicability to
artificial intelligence, digital identity technologies,
distributed ledger technologies, and other innovative
technologies with respect to United States efforts to
combat money laundering and other forms of illicit
finance;
(5) any policy recommendations that could
facilitate and improve communication and coordination
between the private sector, FinCEN, and the agencies
described in paragraph (3) through the implementation
of innovative approaches to meet the obligations of the
agencies under the Bank Secrecy Act and anti-money
laundering compliance; and
(6) any other matter the Director determines is
appropriate.
SEC. 6212. PILOT PROGRAM ON SHARING OF INFORMATION RELATED TO
SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL
GROUP.
(a) Sharing With Foreign Branches and Affiliates.--Section
5318(g) of title 31, United States Code, as amended by sections
6202 and 6206 of this division, is amended by adding at the end
the following:
``(8) Pilot program on sharing with foreign
branches, subsidiaries, and affiliates.--
``(A) In general.--
``(i) Issuance of rules.--Not later
than 1 year after the date of enactment
of this paragraph, the Secretary of the
Treasury shall issue rules, in
coordination with the Director of the
Financial Crimes Enforcement Network,
establishing the pilot program
described in subparagraph (B).
``(ii) Considerations.--In issuing
the rules required under clause (i),
the Secretary shall ensure that the
sharing of information described in
subparagraph (B)--
``(I) is limited by the
requirements of Federal and
State law enforcement
operations;
``(II) takes into account
potential concerns of the
intelligence community; and
``(III) is subject to
appropriate standards and
requirements regarding data
security and the
confidentiality of personally
identifiable information.
``(B) Pilot program described.--The pilot
program described in this paragraph shall--
``(i) permit a financial
institution with a reporting obligation
under this subsection to share
information related to reports under
this subsection, including that such a
report has been filed, with the
institution's foreign branches,
subsidiaries, and affiliates for the
purpose of combating illicit finance
risks, notwithstanding any other
provision of law except subparagraph
(A) or (C);
``(ii) permit the Secretary to
consider, implement, and enforce
provisions that would hold a foreign
affiliate of a United States financial
institution liable for the disclosure
of information related to reports under
this section;
``(iii) terminate on the date that
is 3 years after the date of enactment
of this paragraph, except that the
Secretary of the Treasury may extend
the pilot program for not more than 2
years upon submitting to the Committee
on Banking, Housing, and Urban Affairs
of the Senate and the Committee on
Financial Services of the House of
Representatives a report that
includes--
``(I) a certification that
the extension is in the
national interest of the United
States, with a detailed
explanation of the reasons that
the extension is in the
national interest of the United
States;
``(II) after appropriate
consultation by the Secretary
with participants in the pilot
program, an evaluation of the
usefulness of the pilot
program, including a detailed
analysis of any illicit
activity identified or
prevented as a result of the
program; and
``(III) a detailed
legislative proposal providing
for a long-term extension of
activities under the pilot
program, measures to ensure
data security, and
confidentiality of personally
identifiable information,
including expected budgetary
resources for those activities,
if the Secretary of the
Treasury determines that a
long-term extension is
appropriate.
``(C) Prohibition involving certain
jurisdictions.--
``(i) In general.--In issuing the
rules required under subparagraph (A),
the Secretary of the Treasury may not
permit a financial institution to share
information on reports under this
subsection with a foreign branch,
subsidiary, or affiliate located in--
``(I) the People's Republic
of China;
``(II) the Russian
Federation; or
``(III) a jurisdiction
that--
``(aa) is a state
sponsor of terrorism;
``(bb) is subject
to sanctions imposed by
the Federal Government;
or
``(cc) the
Secretary has
determined cannot
reasonably protect the
security and
confidentiality of such
information.
``(ii) Exceptions.--The Secretary
is authorized to make exceptions, on a
case-by-case basis, for a financial
institution located in a jurisdiction
listed in subclause (I) or (II) of
clause (i), if the Secretary notifies
the Committee on Banking, Housing, and
Urban Affairs of the Senate and the
Committee on Financial Services of the
House of Representatives that such an
exception is in the national security
interest of the United States.
``(D) Implementation updates.--Not later
than 360 days after the date on which rules are
issued under subparagraph (A), and annually
thereafter for 3 years, the Secretary of the
Treasury, or the designee of the Secretary,
shall brief the Committee on Banking, Housing,
and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives on--
``(i) the degree of any information
sharing permitted under the pilot
program and a description of criteria
used by the Secretary to evaluate the
appropriateness of the information
sharing;
``(ii) the effectiveness of the
pilot program in identifying or
preventing the violation of a United
States law or regulation and mechanisms
that may improve that effectiveness;
and
``(iii) any recommendations to
amend the design of the pilot program.
``(9) Treatment of foreign jurisdiction-originated
reports.--Information related to a report received by a
financial institution from a foreign affiliate with
respect to a suspicious transaction relevant to a
possible violation of law or regulation shall be
subject to the same confidentiality requirements
provided under this subsection for a report of a
suspicious transaction described in paragraph (1).
``(10) No offshoring compliance.--No financial
institution may establish or maintain any operation
located outside of the United States the primary
purpose of which is to ensure compliance with the Bank
Secrecy Act as a result of the sharing granted under
this subsection.
``(11) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate'
means an entity that controls, is controlled
by, or is under common control with another
entity.
``(B) Bank secrecy act; state bank
supervisor; state credit union supervisor.--The
terms `Bank Secrecy Act', `State bank
supervisor', and `State credit union
supervisor' have the meanings given the terms
in section 6003 of the Anti-Money Laundering
Act of 2020.''.
(b) Notification Prohibitions.--Section 5318(g)(2)(A) of
title 31, United States Code, is amended--
(1) in clause (i), by inserting ``or otherwise
reveal any information that would reveal that the
transaction has been reported,'' after ``transaction
has been reported''; and
(2) in clause (ii), by inserting ``or otherwise
reveal any information that would reveal that the
transaction has been reported,'' after ``transaction
has been reported,''.
SEC. 6213. SHARING OF COMPLIANCE RESOURCES.
(a) In General.--Section 5318 of title 31, United States
Code, as amended by section 6209 of this division, is amended
by adding at the end the following:
``(p) Sharing of Compliance Resources.--
``(1) Sharing permitted.--In order to more
efficiently comply with the requirements of this
subchapter, 2 or more financial institutions may enter
into collaborative arrangements, as described in the
statement entitled `Interagency Statement on Sharing
Bank Secrecy Act Resources', published on October 3,
2018, by the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the
Financial Crimes Enforcement Network, the National
Credit Union Administration, and the Office of the
Comptroller of the Currency.
``(2) Outreach.--The Secretary of the Treasury and
the appropriate supervising agencies shall carry out an
outreach program to provide financial institutions with
information, including best practices, with respect to
the collaborative arrangements described in paragraph
(1).''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to require financial institutions to
share resources.
SEC. 6214. ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE
PARTNERSHIPS.
(a) In General.--The Secretary shall convene a supervisory
team of relevant Federal agencies, private sector experts in
banking, national security, and law enforcement, and other
stakeholders to examine strategies to increase cooperation
between the public and private sectors for purposes of
countering illicit finance, including proliferation finance and
sanctions evasion.
(b) Meetings.--The supervisory team convened under
subsection (a) shall meet periodically to advise on strategies
to combat the risk relating to proliferation financing.
(c) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
supervisory team convened under subsection (a) or to the
activities of the supervisory team.
SEC. 6215. FINANCIAL SERVICES DE-RISKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) providing vital humanitarian and development
assistance and protecting the integrity of the
international financial system are complementary goals;
(2) nonprofit organizations based in the United
States with international activities often face
difficulties with financial access, most commonly the
inability to send funds internationally through
transparent, regulated financial channels;
(3) without access to timely and predictable
banking services, nonprofit organizations, including
international development organizations, cannot carry
out essential humanitarian activities critical to the
survival of those in affected communities;
(4) similar access issues are a concern for other
underserved individuals and entities such as those
sending remittances from the United States to their
families overseas and certain domestic and overseas
jurisdictions that have experienced curtailed access to
cross-border financial services due, in part, to de-
risking;
(5) the financial exclusion caused by de-risking
can ultimately drive money into less transparent,
shadow channels through the carrying of cash or use of
unlicensed or unregistered money service remitters,
thus reducing transparency and traceability, which are
critical for financial integrity, and can increase the
risk of money falling into the wrong hands;
(6) effective measures are needed to stop the flow
of illicit funds and promote the goals of anti-money
laundering and countering the financing of terrorism
and sanctions regimes;
(7) anti-money laundering, countering the financing
of terrorism, and sanctions policies are needed that do
not unduly hinder or delay the efforts of legitimate
humanitarian organizations in providing assistance to--
(A) meet the needs of civilians facing a
humanitarian crisis, including enabling
governments and humanitarian organizations to
provide them with timely access to food,
health, and medical care, shelter, and clean
drinking water; and
(B) prevent or alleviate human suffering,
in keeping with requirements of international
humanitarian law;
(8) anti-money laundering, countering the financing
of terrorism, and sanctions policies must ensure that
the policies do not unduly hinder or delay legitimate
access to the international financial system for
underserved individuals, entities, and geographic
areas;
(9) policies that ensure that incidental,
inadvertent benefits that may indirectly benefit a
designated group in the course of delivering life-
saving aid to civilian populations are not the primary
focus of Federal Government enforcement efforts;
(10) policies that encourage financial inclusion,
particularly of underserved populations, must remain a
priority; and
(11) laws, regulations, policies, guidance, and
other measures that ensure the integrity of the
financial system through a risk-based approach should
be prioritized.
(b) GAO De-risking Analysis.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall conduct an analysis and
submit to Congress a report on financial services de-
risking.
(2) Contents.--The analysis required under
paragraph (1) shall--
(A) rely substantially on information
obtained through prior de-risking analyses
conducted by the Comptroller General of the
United States;
(B) consider the many drivers of de-risking
as identified by the Financial Action Task
Force, including profitability, reputational
risk, lower risk appetites of banks, regulatory
burdens and unclear expectations, and sanctions
regimes; and
(C) identify options for financial
institutions handling transactions or accounts
for high-risk categories of clients and for
minimizing the negative effects of anti-money
laundering and countering the financing of
terrorism requirements on such individuals and
entities and on certain high-risk geographic
jurisdictions, without compromising the
effectiveness of Federal anti-money laundering
and countering the financing of terrorism
requirements.
(c) Review of De-risking.--
(1) Definition.--In this subsection, the term ``de-
risking'' means actions taken by a financial
institution to terminate, fail to initiate, or restrict
a business relationship with a customer, or a category
of customers, rather than manage the risk associated
with that relationship consistent with risk-based
supervisory or regulatory requirements, due to drivers
such as profitability, reputational risk, lower risk
appetites of banks, regulatory burdens or unclear
expectations, and sanctions regimes.
(2) Review.--Upon completion of the analysis
required under subsection (b), the Secretary, in
consultation with the Federal functional regulators,
State bank supervisors, State credit union supervisors,
and appropriate public- and private-sector stakeholders
shall--
(A) undertake a formal review of the
financial institution reporting requirements,
as in effect on the date of enactment of this
Act, including the processes used to submit
reports under the Bank Secrecy Act, regulations
implementing the Bank Secrecy Act, examination
standards related to the Bank Secrecy Act, and
related guidance; and
(B) propose changes, as appropriate, to
those requirements and examination standards
described in paragraph (1) to reduce any
unnecessarily burdensome regulatory
requirements and ensure that the information
provided fulfills the purpose described in
section 5311 of title 31, United States Code,
as amended by this division.
(3) Contents.--The review required under paragraph
(2) shall--
(A) rely substantially on information
obtained through the de-risking analyses
conducted by the Comptroller General of the
United States; and
(B) consider--
(i) any adverse consequence of
financial institutions de-risking
entire categories of relationships,
including charities, embassy accounts,
money services businesses, as defined
in section 1010.100 of title 31, Code
of Federal Regulations, or a successor
regulation, agents of the financial
institutions, countries, international
and domestic regions, and respondent
banks;
(ii) the reasons why financial
institutions are engaging in de-
risking, including the role of domestic
and international regulations,
standards, and examinations;
(iii) the association with and
effects of de-risking on money
laundering and financial crime actors
and activities;
(iv) the most appropriate ways to
promote financial inclusion,
particularly with respect to developing
countries, while maintaining compliance
with the Bank Secrecy Act, including an
assessment of policy options to--
(I) more effectively tailor
Federal actions and penalties
to the size of foreign
financial institutions and any
capacity limitations of foreign
governments; and
(II) reduce compliance
costs that may lead to the
adverse consequences described
in clause (i);
(v) formal and informal feedback
provided by examiners that may have led
to de-risking;
(vi) the relationship between
resources dedicated to compliance and
overall sophistication of compliance
efforts at entities that may be
experiencing de-risking, especially
compared to those that have not
experienced de-risking;
(vii) best practices from the
private sector that facilitate
correspondent banking relationships;
and
(viii) other matters that the
Secretary determines are appropriate.
(4) Strategy on de-risking.--Upon the completion of
the review required under this subsection, the
Secretary of the Treasury, in consultation with the
Federal functional regulators, State bank supervisors,
State credit union supervisors, and appropriate public-
and private-sector stakeholders, shall develop a
strategy to reduce de-risking and adverse consequences
related to de-risking.
(5) Report.--Not later than 1 year after the
completion of the analysis required under subsection
(b), the Secretary shall submit to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate a report containing--
(A) all findings and determinations made in
carrying out the review required under this
subsection; and
(B) the strategy developed under paragraph
(4).
SEC. 6216. REVIEW OF REGULATIONS AND GUIDANCE.
(a) In General.--The Secretary, in consultation with the
Federal functional regulators, the Financial Institutions
Examination Council, the Attorney General, Federal law
enforcement agencies, the Director of National Intelligence,
the Secretary of Homeland Security, and the Commissioner of
Internal Revenue, shall--
(1) undertake a formal review of the regulations
implementing the Bank Secrecy Act and guidance related
to that Act--
(A) to ensure the Department of the
Treasury provides, on a continuing basis, for
appropriate safeguards to protect the financial
system from threats, including money laundering
and the financing of terrorism and
proliferation, to national security posed by
various forms of financial crime;
(B) to ensure that those provisions will
continue to require certain reports or records
that are highly useful in countering financial
crime; and
(C) to identify those regulations and
guidance that--
(i) may be outdated, redundant, or
otherwise do not promote a risk-based
anti-money laundering compliance and
countering the financing of terrorism
regime for financial institutions; or
(ii) do not conform with the
commitments of the United States to
meet international standards to combat
money laundering, financing of
terrorism, serious tax fraud, or other
financial crimes; and
(2) make appropriate changes to the regulations and
guidance described in paragraph (1) to improve, as
appropriate, the efficiency of those provisions.
(b) Public Comment.--The Secretary shall solicit public
comment as part of the review required under subsection (a).
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Financial Institutions Examination Council, the Federal
functional regulators, the Attorney General, Federal law
enforcement agencies, the Director of National Intelligence,
the Secretary of Homeland Security, and the Commissioner of
Internal Revenue, shall submit to Congress a report that
contains all findings and determinations made in carrying out
the review required under subsection (a), including
administrative or legislative recommendations.
TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security
Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and
countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States
correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution
agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in
monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
SEC. 6301. IMPROVED INTERAGENCY COORDINATION AND CONSULTATION.
Section 5318 of title 31, United States Code, as amended by
sections 6209 and 6213(a) of this division, is amended by
adding at the end the following:
``(q) Interagency Coordination and Consultation.--
``(1) In general.--The Secretary of the Treasury
shall, as appropriate, invite an appropriate State bank
supervisor and an appropriate State credit union
supervisor to participate in the interagency
consultation and coordination with the Federal
depository institution regulators regarding the
development or modification of any rule or regulation
carrying out this subchapter.
``(2) Rules of construction.--Nothing in this
subsection may be construed to--
``(A) affect, modify, or limit the
discretion of the Secretary of the Treasury
with respect to the methods or forms of
interagency consultation and coordination; or
``(B) require the Secretary of the Treasury
or a Federal depository institution regulator
to coordinate or consult with an appropriate
State bank supervisor or to invite such
supervisor to participate in interagency
consultation and coordination with respect to a
matter, including a rule or regulation,
specifically affecting only Federal depository
institutions or Federal credit unions.
``(3) Definitions.--In this subsection:
``(A) Appropriate state bank supervisor.--
The term `appropriate State bank supervisor'
means the Chairman or members of the State
Liaison Committee of the Financial Institutions
Examination Council.
``(B) Appropriate state credit union
supervisor.--The term `appropriate State credit
union supervisor' means the Chairman or members
of the State Liaison Committee of the Financial
Institutions Examination Council.
``(C) Federal credit union.--The term
`Federal credit union' has the meaning given
the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752).
``(D) Federal depository institution.--The
term `Federal depository institution' has the
meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
``(E) Federal depository institution
regulators.--The term `Federal depository
institution regulator' means a member of the
Financial Institutions Examination Council to
which is delegated any authority of the
Secretary under subsection (a)(1).''.
SEC. 6302. SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY.
Section 1564 of the Annunzio-Wylie Anti-Money Laundering
Act (31 U.S.C. 5311 note), as amended by section 6207 of this
division, is amended by adding at the end the following:
``(e) Subcommittee on Information Security and
Confidentiality.--
``(1) In general.--There shall be within the Bank
Secrecy Act Advisory Group a subcommittee to be known
as the Subcommittee on Information Security and
Confidentiality (in this subsection referred to as the
`Subcommittee') to advise the Secretary of the Treasury
regarding the information security and confidentiality
implications of regulations, guidance, information
sharing programs, and the examination for compliance
with and enforcement of the provisions of the Bank
Secrecy Act.
``(2) Membership.--
``(A) In general.--The Subcommittee shall
consist of the representatives of the heads of
the Federal functional regulators, including,
as appropriate, the Bank Secrecy Act
Information Security Officers as established in
section 6303 of the Anti-Money Laundering Act
of 2020, and representatives from financial
institutions subject to the Bank Secrecy Act,
law enforcement, FinCEN, and any other
representatives as determined by the Secretary
of the Treasury.
``(B) Requirements.--Each agency
representative described in subparagraph (A)
shall be an individual who has demonstrated
knowledge and competence concerning the
application of the Bank Secrecy Act and
familiarity with and expertise in applicable
laws.
``(3) Sunset.--
``(A) In general.--Except as provided in
subparagraph (B), the Subcommittee shall
terminate on the date that is 5 years after the
date of enactment of this subsection.
``(B) Exception.--The Secretary of the
Treasury may renew the Subcommittee for 1-year
periods beginning on the date that is 5 years
after the date of enactment of this subsection.
``(f) Definitions.--In this section:
``(1) Bank secrecy act.--The term `Bank Secrecy
Act' has the meaning given the term in section 6003 of
the Anti-Money Laundering Act of 2020.
``(2) Federal functional regulator.--The term
`Federal functional regulator' has the meaning given
the term in section 509 of the Gramm-Leach-Bliley Act
(15 U.S.C. 6809).
``(3) FinCEN.--The term `FinCEN' means the
Financial Crimes Enforcement Network of the Department
of the Treasury.
``(4) Financial institution.--The term `financial
institution' has the meaning given the term in section
5312 of title 31, United States Code.
``(5) State credit union supervisor.--The term
`State credit union supervisor' means a State official
described in section 107A(e) of the Federal Credit
Union Act (12 U.S.C. 1757a(e)).''.
SEC. 6303. ESTABLISHMENT OF BANK SECRECY ACT INFORMATION SECURITY
OFFICERS.
(a) Appointment of Officers.--Not later than 1 year after
the effective date of the regulations promulgated under
subsection (d) of section 310 of title 31, United States Code,
as added by section 6103 of this division, a Bank Secrecy Act
Information Security Officer shall be appointed, from among
individuals with expertise in Federal information security or
privacy laws or Bank Secrecy Act disclosure policies and
procedures--
(1) within each Federal functional regulator, by
the head of the Federal functional regulator;
(2) within FinCEN, by the Director of FinCEN; and
(3) within the Internal Revenue Service, by the
Secretary.
(b) Duties.--Each Bank Secrecy Act Information Security
Officer shall, with respect to the applicable regulator,
bureau, or Center within which the Officer is located--
(1) be consulted each time Bank Secrecy Act
regulations affecting information security or
disclosure of Bank Secrecy Act information are
developed or reviewed;
(2) be consulted on information-sharing policies
under the Bank Secrecy Act, including those that allow
financial institutions to share information with each
other and foreign affiliates, and those that allow
Federal agencies to share with regulated entities;
(3) be consulted on coordination and clarity
between proposed Bank Secrecy Act regulations and
information security and confidentiality requirements,
including with respect to the reporting of suspicious
transactions under section 5318(g) of title 31, United
States Code;
(4) be consulted on--
(A) the development of new technologies
that may strengthen information security and
compliance with the Bank Secrecy Act; and
(B) the protection of information collected
by each Federal functional regulator under the
Bank Secrecy Act; and
(5) develop metrics of program success.
SEC. 6304. FINCEN ANALYTICAL HUB.
Section 310 of title 31, United States Code, as amended by
sections 6103, 6105, 6107, 6108, and 6109 of this division, is
amended by inserting after subsection (i) the following:
``(j) Analytical Experts.--
``(1) In general.--FinCEN shall maintain financial
experts capable of identifying, tracking, and tracing
money laundering and terrorist-financing networks in
order to conduct and support civil and criminal anti-
money laundering and countering the financing of
terrorism investigations conducted by the United States
Government.
``(2) FinCEN analytical hub.--FinCEN, upon a
reasonable request from a Federal agency, shall, in
collaboration with the requesting agency and the
appropriate Federal functional regulator, analyze the
potential anti-money laundering and countering the
financing of terrorism activity that prompted the
request.
``(k) Definitions.--In this section:
``(1) Bank secrecy act.--The term `Bank Secrecy
Act' has the meaning given the term in section 6003 of
the Anti-Money Laundering Act of 2020.
``(2) Federal functional regulator.--The term
`Federal functional regulator' has the meaning given
the term in section 509 of the Gramm-Leach-Bliley Act
(15 U.S.C. 6809).
``(3) Financial institution.--The term `financial
institution' has the meaning given the term in section
5312 of this title.
``(4) State bank supervisor.--The term `State bank
supervisor' has the meaning given the term in section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
``(5) State credit union supervisor.--The term
`State credit union supervisor' means a State official
described in section 107A(e) of the Federal Credit
Union Act (12 U.S.C. 1757a(e)).''.
SEC. 6305. ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS.
(a) Assessment.--
(1) In general.--The Director, in consultation with
the Attorney General, the Federal functional
regulators, State bank supervisors, State credit union
supervisors, and other Federal agencies, as
appropriate, shall conduct an assessment on whether to
establish a process for the issuance of no-action
letters by FinCEN in response to inquiries from persons
concerning the application of the Bank Secrecy Act, the
USA PATRIOT Act (Public Law 107-56; 115 Stat. 272),
section 8(s) of the Federal Deposit Insurance Act (12
U.S.C. 1818(s)), or any other anti-money laundering or
countering the financing of terrorism law (including
regulations) to specific conduct, including a request
for a statement as to whether FinCEN or any relevant
Federal functional regulator intends to take an
enforcement action against the person with respect to
such conduct.
(2) Analysis.--The assessment required under
paragraph (1) shall include an analysis of--
(A) a timeline for the process used to
reach a final determination by FinCEN, in
consultation with the relevant Federal
functional regulators, in response to a request
by a person for a no-action letter;
(B) whether improvements in current
processes are necessary;
(C) whether a formal no-action letter
process would help to mitigate or accentuate
illicit finance risks in the United States; and
(D) any other matter the Secretary
determines is appropriate.
(b) Report and Rulemakings.--Not later than 180 days after
the date of enactment of this Act, the Secretary, in
coordination with the Director of the Federal Bureau of
Investigation, the Attorney General, the Secretary of Homeland
Security, and the Federal functional regulators, shall--
(1) submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a
report that contains all findings and determinations
made in carrying out the assessment required under
subsection (a); and
(2) propose rulemakings, if appropriate, to
implement the findings and determinations described in
paragraph (1).
SEC. 6306. COOPERATION WITH LAW ENFORCEMENT.
(a) In General.--
(1) Amendment to title 31.--Subchapter II of
chapter 53 of title 31, United States Code, is amended
by adding at the end the following:
``Sec. 5333. Safe harbor with respect to keep open directives
``(a) In General.--With respect to a customer account or
customer transaction of a financial institution, if a Federal
law enforcement agency, after notifying FinCEN of the intent to
submit a written request to the financial institution that the
financial institution keep that account or transaction open
(referred to in this section as a `keep open request'), or if a
State, Tribal, or local law enforcement agency with the
concurrence of FinCEN submits a keep open request--
``(1) the financial institution shall not be liable
under this subchapter for maintaining that account or
transaction consistent with the parameters and timing
of the request; and
``(2) no Federal or State department or agency may
take any adverse supervisory action under this
subchapter with respect to the financial institution
solely for maintaining that account or transaction
consistent with the parameters of the request.
``(b) Rule of Construction.--Nothing in this section may be
construed--
``(1) to prevent a Federal or State department or
agency from verifying the validity of a keep open
request submitted under subsection (a) with the law
enforcement agency submitting that request;
``(2) to relieve a financial institution from
complying with any reporting requirements or any other
provisions of this subchapter, including the reporting
of suspicious transactions under section 5318(g); or
``(3) to extend the safe harbor described in
subsection (a) to any actions taken by the financial
institution--
``(A) before the date of the keep open
request to maintain a customer account; or
``(B) after the termination date stated in
the keep open request.
``(c) Letter Termination Date.--For the purposes of this
section, any keep open request submitted under subsection (a)
shall include a termination date after which that request shall
no longer apply.
``(d) Record Keeping.--Any Federal, State, Tribal, or local
law enforcement agency that submits to a financial institution
a keep open request shall, not later than 2 business days after
the date on which the request is submitted to the financial
institution--
``(1) submit to FinCEN a copy of the request; and
``(2) alert FinCEN as to whether the financial
institution has implemented the request.
``(e) Guidance.--The Secretary of the Treasury, in
consultation with the Attorney General and Federal, State,
Tribal, and local law enforcement agencies, shall issue
guidance on the required elements of a keep open request.''.
(2) Amendment to public law 91-508.--Chapter 2 of
title I of Public Law 91-508 (12 U.S.C. 1951 et seq.)
is amended by adding at the end the following:
``Sec. 130. Safe harbor with respect to keep open directives
``(a) Definition.--In this section, the term `financial
institution' means an entity to which section 123(b) applies.
``(b) Safe Harbor.--With respect to a customer account or
customer transaction of a financial institution, if a Federal
law enforcement agency, after notifying FinCEN of the intent to
submit a written request to the financial institution that the
financial institution keep that account or transaction open
(referred to in this section as a `keep open request'), or if a
State, Tribal, or local law enforcement agency with the
concurrence of FinCEN submits a keep open request--
``(1) the financial institution shall not be liable
under this chapter for maintaining that account or
transaction consistent with the parameters and timing
of the request; and
``(2) no Federal or State department or agency may
take any adverse supervisory action under this chapter
with respect to the financial institution solely for
maintaining that account or transaction consistent with
the parameters of the request.
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to prevent a Federal or State department or
agency from verifying the validity of a keep open
request submitted under subsection (b) with the law
enforcement agency submitting that request;
``(2) to relieve a financial institution from
complying with any reporting requirements, including
the reporting of suspicious transactions under section
5318(g) of title 31, United States Code; or
``(3) to extend the safe harbor described in
subsection (b) to any actions taken by the financial
institution--
``(A) before the date of the keep open
request to maintain a customer account; or
``(B) after the termination date stated in
the keep open request.
``(d) Letter Termination Date.--For the purposes of this
section, any keep open request submitted under subsection (b)
shall include a termination date after which that request shall
no longer apply.
``(e) Record Keeping.--Any Federal, State, Tribal, or local
law enforcement agency that submits to a financial institution
a keep open request shall, not later than 2 business days after
the date on which the request is submitted to the financial
institution--
``(1) submit to FinCEN a copy of the request; and
``(2) alert FinCEN as to whether the financial
institution has implemented the request.''.
(b) Clerical Amendments.--
(1) Title 31.--The table of sections for chapter 53
of title 31, United States Code, is amended by
inserting after the item relating to section 5332 the
following:
``5333. Safe harbor with respect to keep open directives.''.
(2) Public law 91-508.--The table of sections for
chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951 et seq.) is amended by adding at the end the
following:
``130. Safe harbor with respect to keep open directives.''.
SEC. 6307. TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING AND
COUNTERING THE FINANCING OF TERRORISM.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, as amended by section 6306(a)(1) of this
division, is amended by adding at the end the following:
``Sec. 5334. Training regarding anti-money laundering and countering
the financing of terrorism
``(a) Training Requirement.--Each Federal examiner
reviewing compliance with the Bank Secrecy Act, as defined in
section 6003 of the Anti-Money Laundering Act of 2020, shall
attend appropriate annual training, as determined by the
Secretary of the Treasury, relating to anti-money laundering
activities and countering the financing of terrorism, including
with respect to--
``(1) potential risk profiles and warning signs
that an examiner may encounter during examinations;
``(2) financial crime patterns and trends;
``(3) the high-level context for why anti-money
laundering and countering the financing of terrorism
programs are necessary for law enforcement agencies and
other national security agencies and what risks those
programs seek to mitigate; and
``(4) de-risking and the effect of de-risking on
the provision of financial services.
``(b) Training Materials and Standards.--The Secretary of
the Treasury shall, in consultation with the Financial
Institutions Examination Council, the Financial Crimes
Enforcement Network, and Federal, State, Tribal, and local law
enforcement agencies, establish appropriate training materials
and standards for use in the training required under subsection
(a).''.
(b) Clerical Amendment.--The table of sections for chapter
53 of title 31, United States Code, as amended by section
6306(b)(1) of this division, is amended by adding at the end
the following:
``5334. Training regarding anti-money laundering and countering the
financing of terrorism.''.
SEC. 6308. OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH UNITED STATES
CORRESPONDENT ACCOUNTS.
(a) Grand Jury and Trial Subpoenas.--Section 5318(k) of
title 31, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Covered financial institution.--The
term `covered financial institution' means an
institution referred to in subsection
(j)(1).''; and
(2) by striking paragraph (3) and inserting the
following:
``(3) Foreign bank records.--
``(A) Subpoena of records.--
``(i) In general.--Notwithstanding
subsection (b), the Secretary of the
Treasury or the Attorney General may
issue a subpoena to any foreign bank
that maintains a correspondent account
in the United States and request any
records relating to the correspondent
account or any account at the foreign
bank, including records maintained
outside of the United States, that are
the subject of--
``(I) any investigation of
a violation of a criminal law
of the United States;
``(II) any investigation of
a violation of this subchapter;
``(III) a civil forfeiture
action; or
``(IV) an investigation
pursuant to section 5318A.
``(ii) Production of records.--The
foreign bank on which a subpoena
described in clause (i) is served shall
produce all requested records and
authenticate all requested records with
testimony in the manner described in--
``(I) rule 902(12) of the
Federal Rules of Evidence; or
``(II) section 3505 of
title 18.
``(iii) Issuance and service of
subpoena.--A subpoena described in
clause (i)--
``(I) shall designate--
``(aa) a return
date; and
``(bb) the judicial
district in which the
related investigation
is proceeding; and
``(II) may be served--
``(aa) in person;
``(bb) by mail or
fax in the United
States if the foreign
bank has a
representative in the
United States; or
``(cc) if
applicable, in a
foreign country under
any mutual legal
assistance treaty,
multilateral agreement,
or other request for
international legal or
law enforcement
assistance.
``(iv) Relief from subpoena.--
``(I) In general.--At any
time before the return date of
a subpoena described in clause
(i), the foreign bank on which
the subpoena is served may
petition the district court of
the United States for the
judicial district in which the
related investigation is
proceeding, as designated in
the subpoena, to modify or
quash--
``(aa) the
subpoena; or
``(bb) the
prohibition against
disclosure described in
subparagraph (C).
``(II) Conflict with
foreign secrecy or
confidentiality.--An assertion
that compliance with a subpoena
described in clause (i) would
conflict with a provision of
foreign secrecy or
confidentiality law shall not
be a sole basis for quashing or
modifying the subpoena.
``(B) Acceptance of service.--
``(i) Maintaining records in the
united states.--Any covered financial
institution that maintains a
correspondent account in the United
States for a foreign bank shall
maintain records in the United States
identifying--
``(I) the owners of record
and the beneficial owners of
the foreign bank; and
``(II) the name and address
of a person who--
``(aa) resides in
the United States; and
``(bb) is
authorized to accept
service of legal
process for records
covered under this
subsection.
``(ii) Law enforcement request.--
Upon receipt of a written request from
a Federal law enforcement officer for
information required to be maintained
under this paragraph, a covered
financial institution shall provide the
information to the requesting officer
not later than 7 days after receipt of
the request.
``(C) Nondisclosure of subpoena.--
``(i) In general.--No officer,
director, partner, employee, or
shareholder of, or agent or attorney
for, a foreign bank on which a subpoena
is served under this paragraph shall,
directly or indirectly, notify any
account holder involved or any person
named in the subpoena issued under
subparagraph (A)(i) and served on the
foreign bank about the existence or
contents of the subpoena.
``(ii) Damages.--Upon application
by the Attorney General for a violation
of this subparagraph, a foreign bank on
which a subpoena is served under this
paragraph shall be liable to the United
States Government for a civil penalty
in an amount equal to--
``(I) double the amount of
the suspected criminal proceeds
sent through the correspondent
account of the foreign bank in
the related investigation; or
``(II) if no such proceeds
can be identified, not more
than $250,000.
``(D) Enforcement.--
``(i) In general.--If a foreign
bank fails to obey a subpoena issued
under subparagraph (A)(i), the Attorney
General may invoke the aid of the
district court of the United States for
the judicial district in which the
investigation or related proceeding is
occurring to compel compliance with the
subpoena.
``(ii) Court orders and contempt of
court.--A court described in clause (i)
may--
``(I) issue an order
requiring the foreign bank to
appear before the Secretary of
the Treasury or the Attorney
General to produce--
``(aa) certified
records, in accordance
with--
``(AA) rule 902(12)
of the Federal Rules of
Evidence; or
``(BB) section 3505
of title 18; or
``(bb) testimony
regarding the
production of the
certified records; and
``(II) punish any failure
to obey an order issued under
subclause (I) as contempt of
court.
``(iii) Service of process.--All
process in a case under this
subparagraph shall be served on the
foreign bank in the same manner as
described in subparagraph (A)(iii).
``(E) Termination of correspondent
relationship.--
``(i) Termination upon receipt of
notice.--A covered financial
institution shall terminate any
correspondent relationship with a
foreign bank not later than 10 business
days after the date on which the
covered financial institution receives
written notice from the Secretary of
the Treasury or the Attorney General
if, after consultation with the other,
the Secretary of the Treasury or the
Attorney General, as applicable,
determines that the foreign bank has
failed--
``(I) to comply with a
subpoena issued under
subparagraph (A)(i); or
``(II) to prevail in
proceedings before--
``(aa) the
appropriate district
court of the United
States after
challenging a subpoena
described in subclause
(I) under subparagraph
(A)(iv)(I); or
``(bb) a court of
appeals of the United
States after appealing
a decision of a
district court of the
United States under
item (aa).
``(ii) Limitation on liability.--A
covered financial institution shall not
be liable to any person in any court or
arbitration proceeding for--
``(I) terminating a
correspondent relationship
under this subparagraph; or
``(II) complying with a
nondisclosure order under
subparagraph (C).
``(iii) Failure to terminate
relationship or failure to comply with
a subpoena.--
``(I) Failure to terminate
relationship.--A covered
financial institution that
fails to terminate a
correspondent relationship
under clause (i) shall be
liable for a civil penalty in
an amount that is not more than
$25,000 for each day that the
covered financial institution
fails to terminate the
relationship.
``(II) Failure to comply
with a subpoena.--
``(aa) In
general.--Upon failure
to comply with a
subpoena under
subparagraph (A)(i), a
foreign bank may be
liable for a civil
penalty assessed by the
issuing agency in an
amount that is not more
than $50,000 for each
day that the foreign
bank fails to comply
with the terms of a
subpoena.
``(bb) Additional
penalties.--Beginning
after the date that is
60 days after a foreign
bank fails to comply
with a subpoena under
subparagraph (A)(i),
the Secretary of the
Treasury or the
Attorney General may
seek additional
penalties and compel
compliance with the
subpoena in the
appropriate district
court of the United
States.
``(cc) Venue for
relief.--A foreign bank
may seek review in the
appropriate district
court of the United
States of any penalty
assessed under this
clause and the issuance
of a subpoena under
subparagraph (A)(i).
``(F) Enforcement of civil penalties.--Upon
application by the United States, any funds
held in the correspondent account of a foreign
bank that is maintained in the United States
with a covered financial institution may be
seized by the United States to satisfy any
civil penalties that are imposed--
``(i) under subparagraph (C)(ii);
``(ii) by a court for contempt
under subparagraph (D); or
``(iii) under subparagraph
(E)(iii)(II).''.
(b) Fair Credit Reporting Act Amendment.--Section 604(a)(1)
of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is
amended--
(1) by striking ``, or a'' and inserting ``, a'';
and
(2) by inserting ``, or a subpoena issued in
accordance with section 5318 of title 31, United States
Code, or section 3486 of title 18, United States Code''
after ``grand jury''.
(c) Obstruction of Justice.--Section 1510(b)(3)(B) of title
18, United States Code, is amended--
(1) in the matter preceding clause (i), by striking
``or a Department of Justice subpoena (issued under
section 3486 of title 18)'' and inserting ``, a
subpoena issued under section 3486 of this title, or an
order or subpoena issued in accordance with section
3512 of this title, section 5318 of title 31, or
section 1782 of title 28''; and
(2) in clause (i), by inserting ``, 1960, an
offense against a foreign nation constituting specified
unlawful activity under section 1956, a foreign offense
for which enforcement of a foreign forfeiture judgment
could be brought under section 2467 of title 28'' after
``1957''.
(d) Right to Financial Privacy Act.--Section 1120(b)(1)(A)
of the Right to Financial Privacy Act of 1978 (12 U.S.C.
3420(b)(1)(A)) is amended--
(1) by striking ``or 1957 of title 18'' and
inserting ``, 1957, or 1960 of title 18, United States
Code''; and
(2) by striking ``and 5324 of title 31'' and
inserting ``, 5322, 5324, 5331, and 5332 of title 31,
United States Code''.
SEC. 6309. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS.
Section 5321 of title 31, United States Code, is amended by
adding at the end the following:
``(f) Additional Damages for Repeat Violators.--
``(1) In general.--In addition to any other fines
permitted under this section and section 5322, with
respect to a person who has previously violated a
provision of (or rule issued under) this subchapter,
section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b), or section 123 of Public Law 91-508 (12
U.S.C. 1953), the Secretary of the Treasury, if
practicable, may impose an additional civil penalty
against such person for each additional such violation
in an amount that is not more than the greater of--
``(A) if practicable to calculate, 3 times
the profit gained or loss avoided by such
person as a result of the violation; or
``(B) 2 times the maximum penalty with
respect to the violation.
``(2) Application.--For purposes of determining
whether a person has committed a previous violation
under paragraph (1), the determination shall only
include violations occurring after the date of
enactment of the Anti-Money Laundering Act of 2020.''.
SEC. 6310. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED
STATES FINANCIAL INSTITUTIONS.
(a) In General.--Section 5321 of title 31, United States
Code, as amended by section 6309 of this division, is amended
by adding at the end the following:
``(g) Certain Violators Barred From Serving on Boards of
United States Financial Institutions.--
``(1) Definition.--In this subsection, the term
`egregious violation' means, with respect to an
individual--
``(A) a criminal violation--
``(i) for which the individual is
convicted; and
``(ii) for which the maximum term
of imprisonment is more than 1 year;
and
``(B) a civil violation in which--
``(i) the individual willfully
committed the violation; and
``(ii) the violation facilitated
money laundering or the financing of
terrorism.
``(2) Bar.--An individual found to have committed
an egregious violation of the Bank Secrecy Act, as
defined in section 6003 of the Anti-Money Laundering
Act of 2020, or any rules issued under the Bank Secrecy
Act, shall be barred from serving on the board of
directors of a United States financial institution
during the 10-year period that begins on the date on
which the conviction or judgment, as applicable, with
respect to the egregious violation is entered.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to limit the application of
section 19 of the Federal Deposit Insurance Act (12 U.S.C.
1829).
SEC. 6311. DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND NON-PROSECUTION
AGREEMENTS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and for each of the 4 years thereafter,
the Attorney General shall submit to the appropriate committees
of Congress a report that contains--
(1) a list of deferred prosecution agreements and
non-prosecution agreements that the Attorney General
has entered into, amended, or terminated during the
year covered by the report with any person with respect
to a violation or suspected violation of the Bank
Secrecy Act (referred to in this subsection as
``covered agreements'');
(2) the justification for entering into, amending,
or terminating each covered agreement;
(3) the list of factors that were taken into
account in determining that the Attorney General should
enter into, amend, or terminate each covered agreement;
and
(4) the extent of coordination the Attorney General
conducted with the Secretary of the Treasury, Federal
functional regulators, or State regulators before
entering into, amending, or terminating each covered
agreement.
(b) Classified Annex.--Each report submitted under
subsection (a) may include a classified annex.
(c) Definition.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Financial Services of the
House of Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
SEC. 6312. RETURN OF PROFITS AND BONUSES.
(a) In General.--Section 5322 of title 31, United States
Code, is amended by adding at the end the following:
``(e) A person convicted of violating a provision of (or
rule issued under) the Bank Secrecy Act, as defined in section
6003 of the Anti-Money Laundering Act of 2020, shall--
``(1) in addition to any other fine under this
section, be fined in an amount that is equal to the
profit gained by such person by reason of such
violation, as determined by the court; and
``(2) if the person is an individual who was a
partner, director, officer, or employee of a financial
institution at the time the violation occurred, repay
to such financial institution any bonus paid to the
individual during the calendar year in which the
violation occurred or the calendar year after which the
violation occurred.''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to prohibit a financial institution
from requiring the repayment of a bonus paid to a partner,
director, officer, or employee if the financial institution
determines that the partner, director, officer, or employee
engaged in unethical, but non-criminal, activities.
SEC. 6313. PROHIBITION ON CONCEALMENT OF THE SOURCE OF ASSETS IN
MONETARY TRANSACTIONS.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, as amended by sections 6306(a)(1) and
6307(a) of this division, is amended by adding at the end the
following:
``Sec. 5335. Prohibition on concealment of the source of assets in
monetary transactions
``(a) Definition of Monetary Transaction.--In this section,
the term the term `monetary transaction'--
``(1) means the deposit, withdrawal, transfer, or
exchange, in or affecting interstate or foreign
commerce, of funds or a monetary instrument (as defined
in section 1956(c)(5) of title 18) by, through, or to a
financial institution (as defined in section 1956(c)(6)
of title 18);
``(2) includes any transaction that would be a
financial transaction under section 1956(c)(4)(B) of
title 18; and
``(3) does not include any transaction necessary to
preserve the right to representation of a person as
guaranteed by the Sixth Amendment to the Constitution
of the United States.
``(b) Prohibition.--No person shall knowingly conceal,
falsify, or misrepresent, or attempt to conceal, falsify, or
misrepresent, from or to a financial institution, a material
fact concerning the ownership or control of assets involved in
a monetary transaction if--
``(1) the person or entity who owns or controls the
assets is a senior foreign political figure, or any
immediate family member or close associate of a senior
foreign political figure, as set forth in this title or
the regulations promulgated under this title; and
``(2) the aggregate value of the assets involved in
1 or more monetary transactions is not less than
$1,000,000.
``(c) Source of Funds.--No person shall knowingly conceal,
falsify, or misrepresent, or attempt to conceal, falsify, or
misrepresent, from or to a financial institution, a material
fact concerning the source of funds in a monetary transaction
that--
``(1) involves an entity found to be a primary
money laundering concern under section 5318A or the
regulations promulgated under this title; and
``(2) violates the prohibitions or conditions
prescribed under section 5318A(b)(5) or the regulations
promulgated under this title.
``(d) Penalties.--A person convicted of an offense under
subsection (b) or (c), or a conspiracy to commit an offense
under subsection (b) or (c), shall be imprisoned for not more
than 10 years, fined not more than $1,000,000, or both.
``(e) Forfeiture.--
``(1) Criminal forfeiture.--
``(A) In general.--The court, in imposing a
sentence under subsection (d), shall order that
the defendant forfeit to the United States any
property involved in the offense and any
property traceable thereto.
``(B) Procedure.--The seizure, restraint,
and forfeiture of property under this paragraph
shall be governed by section 413 of the
Controlled Substances Act (21 U.S.C. 853).
``(2) Civil forfeiture.--
``(A) In general.--Any property involved in
a violation of subsection (b) or (c), or a
conspiracy to commit a violation of subsection
(b) or (c), and any property traceable thereto
may be seized and forfeited to the United
States.
``(B) Procedure.--Seizures and forfeitures
under this paragraph shall be governed by the
provisions of chapter 46 of title 18 relating
to civil forfeitures, except that such duties,
under the customs laws described in section
981(d) of title 18, given to the Secretary of
the Treasury shall be performed by such
officers, agents, and other persons as may be
designated for that purpose by the Secretary of
Homeland Security or the Attorney General.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 53 of title 31, United States Code, as
amended by sections 6306(b)(1) and 6307(b) of this division, is
amended by adding at the end the following:
``5335. Prohibition on concealment of the source of assets in monetary
transactions.''.
SEC. 6314. UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION.
(a) Whistleblower Incentives and Protection.--Section 5323
of title 31, United States Code, is amended to read as follows:
``Sec. 5323. Whistleblower incentives and protections
``(a) Definitions.--In this section:
``(1) Covered judicial or administrative action.--
The term `covered judicial or administrative action'
means any judicial or administrative action brought by
the Secretary of the Treasury (referred to in this
section as the `Secretary') or the Attorney General
under this subchapter or subchapter III that results in
monetary sanctions exceeding $1,000,000.
``(2) Monetary sanctions.--The term `monetary
sanctions', when used with respect to any judicial or
administrative action--
``(A) means any monies, including
penalties, disgorgement, and interest, ordered
to be paid; and
``(B) does not include--
``(i) forfeiture;
``(ii) restitution; or
``(iii) any victim compensation
payment.
``(3) Original information.--The term `original
information' means information that--
``(A) is derived from the independent
knowledge or analysis of a whistleblower;
``(B) is not known to the Secretary or the
Attorney General from any other source, unless
the whistleblower is the original source of the
information; and
``(C) is not exclusively derived from an
allegation made in a judicial or administrative
hearing, in a governmental report, hearing,
audit, or investigation, or from the news
media, unless the whistleblower is a source of
the information.
``(4) Related action.--The term `related action',
when used with respect to any judicial or
administrative action brought by the Secretary or the
Attorney General under this subchapter or subchapter
III, means any judicial or administrative action
brought by an entity described in any of subclauses (I)
through (III) of subsection (g)(4)(D)(i) that is based
upon the original information provided by a
whistleblower pursuant to subsection (b) that led to
the successful enforcement of the action by the
Secretary or the Attorney General.
``(5) Whistleblower.--
``(A) In general.--The term `whistleblower'
means any individual who provides, or 2 or more
individuals acting jointly who provide,
information relating to a violation of this
subchapter or subchapter III to the employer of
the individual or individuals, including as
part of the job duties of the individual or
individuals, or to the Secretary or the
Attorney General.
``(B) Special rule.--Solely for the
purposes of subsection (g)(1), the term
`whistleblower' includes any individual who
takes, or 2 or more individuals acting jointly
who take, an action described in subsection
(g)(1)(A).
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the
Secretary, under regulations prescribed by the
Secretary, in consultation with the Attorney General
and subject to subsection (c) and to amounts made
available in advance by appropriation Acts, shall pay
an award or awards to 1 or more whistleblowers who
voluntarily provided original information to the
employer of the individual, the Secretary, or the
Attorney General, as applicable, that led to the
successful enforcement of the covered judicial or
administrative action, or related action, in an
aggregate amount equal to not more than 30 percent, in
total, of what has been collected of the monetary
sanctions imposed in the action or related actions.
``(2) Source of awards.--For the purposes of paying
any award under this section, the Secretary may,
subject to amounts made available in advance by
appropriation Acts, use monetary sanction amounts
recovered based on the original information with
respect to which the award is being paid.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the
amount of an award made under subsection (b)
shall be in the discretion of the Secretary.
``(B) Criteria.--In determining the amount
of an award made under subsection (b), the
Secretary shall take into consideration--
``(i) the significance of the
information provided by the
whistleblower to the success of the
covered judicial or administrative
action;
``(ii) the degree of assistance
provided by the whistleblower and any
legal representative of the
whistleblower in a covered judicial or
administrative action;
``(iii) the programmatic interest
of the Department of the Treasury in
deterring violations of this subchapter
and subchapter III by making awards to
whistleblowers who provide information
that lead to the successful enforcement
of either such subchapter; and
``(iv) such additional relevant
factors as the Secretary, in
consultation with the Attorney General,
may establish by rule or regulation.
``(2) Denial of award.--No award under subsection
(b) may be made--
``(A) to any whistleblower who is, or was
at the time the whistleblower acquired the
original information submitted to the Secretary
or the Attorney General, as applicable, a
member, officer, or employee--
``(i) of--
``(I) an appropriate
regulatory or banking agency;
``(II) the Department of
the Treasury or the Department
of Justice; or
``(III) a law enforcement
agency; and
``(ii) acting in the normal course
of the job duties of the whistleblower;
``(B) to any whistleblower who is convicted
of a criminal violation related to the judicial
or administrative action for which the
whistleblower otherwise could receive an award
under this section; or
``(C) to any whistleblower who fails to
submit information to the Secretary or the
Attorney General, as applicable, in such form
as the Secretary, in consultation with the
Attorney General, may, by rule, require.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower
who makes a claim for an award under subsection (b) may
be represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who
anonymously makes a claim for an award under
subsection (b) shall be represented by counsel
if the whistleblower anonymously submits the
information upon which the claim is based.
``(B) Disclosure of identity.--Before the
payment of an award, a whistleblower shall
disclose the identity of the whistleblower and
provide such other information as the Secretary
may require, directly or through counsel for
the whistleblower.
``(e) No Contract Necessary.--No contract with the
Department of the Treasury is necessary for any whistleblower
to receive an award under subsection (b), unless otherwise
required by the Secretary by rule or regulation.
``(f) Appeals.--
``(1) In general.--Any determination made under
this section, including whether, to whom, or in what
amount to make awards, shall be in the discretion of
the Secretary.
``(2) Requirements.--
``(A) In general.--Any determination
described in paragraph (1), except the
determination of the amount of an award if the
award was made in accordance with subsection
(b), may be appealed to the appropriate court
of appeals of the United States not more than
30 days after the determination is issued by
the Secretary.
``(B) Scope of review.--The court to which
a determination by the Secretary is appealed
under subparagraph (A) shall review the
determination in accordance with section 706 of
title 5.
``(g) Protection of Whistleblowers.--
``(1) Prohibition against retaliation.--No employer
may, directly or indirectly, discharge, demote,
suspend, threaten, blacklist, harass, or in any other
manner discriminate against a whistleblower in the
terms and conditions of employment or post-employment
because of any lawful act done by the whistleblower--
``(A) in providing information in
accordance with this section to--
``(i) the Secretary or the Attorney
General;
``(ii) a Federal regulatory or law
enforcement agency;
``(iii) any Member of Congress or
any committee of Congress; or
``(iv) a person with supervisory
authority over the whistleblower, or
such other person working for the
employer who has the authority to
investigate, discover, or terminate
misconduct; or
``(B) in initiating, testifying in, or
assisting in any investigation or judicial or
administrative action of the Department of the
Treasury or the Department of Justice based
upon or related to the information described in
subparagraph (A); or
``(C) in providing information regarding
any conduct that the whistleblower reasonably
believes constitutes a violation of any law,
rule, or regulation subject to the jurisdiction
of the Department of the Treasury, or a
violation of section 1956, 1957, or 1960 of
title 18 (or any rule or regulation under any
such provision), to--
``(i) a person with supervisory
authority over the whistleblower at the
employer of the whistleblower; or
``(ii) another individual working
for the employer described in clause
(i) who the whistleblower reasonably
believes has the authority to--
``(I) investigate,
discover, or terminate the
misconduct; or
``(II) take any other
action to address the
misconduct.
``(2) Enforcement.--Any individual who alleges
discharge or other discrimination, or is otherwise
aggrieved by an employer, in violation of paragraph
(1), may seek relief by--
``(A) filing a complaint with the Secretary
of Labor in accordance with the requirements of
this subsection; or
``(B) if the Secretary of Labor has not
issued a final decision within 180 days of the
filing of a complaint under subparagraph (A),
and there is no showing that such a delay is
due to the bad faith of the claimant, bringing
an action against the employer at law or in
equity in the appropriate district court of the
United States, which shall have jurisdiction
over such an action without regard to the
amount in controversy.
``(3) Procedure.--
``(A) Department of labor complaint.--
``(i) In general.--Except as
provided in clause (ii) and
subparagraph (C), the requirements
under section 42121(b) of title 49,
including the legal burdens of proof
described in such section 42121(b),
shall apply with respect to a complaint
filed under paragraph (2)(A) by an
individual against an employer.
``(ii) Exception.--With respect to
a complaint filed under paragraph
(2)(A), notification required to be
made under section 42121(b)(1) of title
49 shall be made to each person named
in the complaint, including the
employer.
``(B) District court complaint.--
``(i) Jury trial.--A party to an
action brought under paragraph (2)(B)
shall be entitled to trial by jury.
``(ii) Statute of limitations.--
``(I) In general.--An
action may not be brought under
paragraph (2)(B)--
``(aa) more than 6
years after the date on
which the violation of
paragraph (1) occurs;
or
``(bb) more than 3
years after the date on
which when facts
material to the right
of action are known, or
reasonably should have
been known, by the
employee alleging a
violation of paragraph
(1).
``(II) Required action
within 10 years.--
Notwithstanding subclause (I),
an action under paragraph
(2)(B) may not in any
circumstance be brought more
than 10 years after the date on
which the violation occurs.
``(C) Relief.--Relief for an individual
prevailing with respect to a complaint filed
under subparagraph (A) of paragraph (2) or an
action brought under subparagraph (B) of that
paragraph shall include--
``(i) reinstatement with the same
seniority status that the individual
would have had, but for the conduct
that is the subject of the complaint or
action, as applicable;
``(ii) 2 times the amount of back
pay otherwise owed to the individual,
with interest;
``(iii) the payment of compensatory
damages, which shall include
compensation for litigation costs,
expert witness fees, and reasonable
attorneys' fees; and
``(iv) any other appropriate remedy
with respect to the conduct that is the
subject of the complaint or action, as
applicable.
``(4) Confidentiality.--
``(A) In general.--Except as provided in
subparagraphs (C) and (D), the Secretary or the
Attorney General, as applicable, and any
officer or employee of the Department of the
Treasury or the Department of Justice, shall
not disclose any information, including
information provided by a whistleblower to
either such official, which could reasonably be
expected to reveal the identity of a
whistleblower, except in accordance with the
provisions of section 552a of title 5, unless
and until required to be disclosed to a
defendant or respondent in connection with a
public proceeding instituted by the appropriate
such official or any entity described in
subparagraph (D).
``(B) Exempted statute.--For purposes of
section 552 of title 5, this paragraph shall be
considered a statute described in subsection
(b)(3)(B) of such section 552.
``(C) Rule of construction.--Nothing in
this section is intended to limit, or shall be
construed to limit, the ability of the Attorney
General to present such evidence to a grand
jury or to share such evidence with potential
witnesses or defendants in the course of an
ongoing criminal investigation.
``(D) Availability to government
agencies.--
``(i) In general.--Without the loss
of its status as confidential in the
hands of the Secretary or the Attorney
General, as applicable, all information
referred to in subparagraph (A) may, in
the discretion of the appropriate such
official, when determined by that
official to be necessary to accomplish
the purposes of this subchapter, be
made available to--
``(I) any appropriate
Federal authority;
``(II) a State attorney
general in connection with any
criminal investigation;
``(III) any appropriate
State regulatory authority; and
``(IV) a foreign law
enforcement authority.
``(ii) Confidentiality.--
``(I) In general.--Each of
the entities described in
subclauses (I) through (III) of
clause (i) shall maintain such
information as confidential in
accordance with the
requirements established under
subparagraph (A).
``(II) Foreign
authorities.--Each entity
described in clause (i)(IV)
shall maintain such information
in accordance with such
assurances of confidentiality
as determined by the Secretary
or Attorney General, as
applicable.
``(5) Rights retained.--Nothing in this section
shall be deemed to diminish the rights, privileges, or
remedies of any whistleblower under any Federal or
State law or under any collective bargaining agreement.
``(6) Coordination with other provisions of law.--
This subsection shall not apply with respect to any
employer that is subject to section 33 of the Federal
Deposit Insurance Act (12 U.S.C. 1831j) or section 213
or 214 of the Federal Credit Union Act (12 U.S.C.
1790b, 1790c).
``(h) Provision of False Information.--A whistleblower
shall not be entitled to an award under this section if the
whistleblower--
``(1) knowingly and willfully makes any false,
fictitious, or fraudulent statement or representation;
or
``(2) uses any false writing or document knowing
the writing or document contains any false, fictitious,
or fraudulent statement or entry.
``(i) Rulemaking Authority.--The Secretary, in consultation
with the Attorney General, shall have the authority to issue
such rules and regulations as may be necessary or appropriate
to implement the provisions of this section consistent with the
purposes of this section.
``(j) Nonenforceability of Certain Provisions Waiving
Rights and Remedies or Requiring Arbitration of Disputes.--
``(1) Waiver of rights and remedies.--The rights
and remedies provided for in this section may not be
waived by any agreement, policy form, or condition of
employment, including by a predispute arbitration
agreement.
``(2) Predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or
enforceable, to the extent the agreement requires
arbitration of a dispute arising under this section.''.
(b) Repeal of Section 5328 of Title 31.--Section 5328 of
title 31, United States Code, is repealed.
(c) Technical and Conforming Amendments.--The table of
sections for subchapter II of chapter 53 of title 31, United
States Code, is amended--
(1) by striking the item relating to section 5323
and inserting the following:
``5323. Whistleblower incentives and protections.''; and
(2) by striking the item relating to section 5328.
TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
SEC. 6401. SHORT TITLE.
This title may be cited as the ``Corporate Transparency
Act''.
SEC. 6402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) more than 2,000,000 corporations and limited
liability companies are being formed under the laws of
the States each year;
(2) most or all States do not require information
about the beneficial owners of the corporations,
limited liability companies, or other similar entities
formed under the laws of the State;
(3) malign actors seek to conceal their ownership
of corporations, limited liability companies, or other
similar entities in the United States to facilitate
illicit activity, including money laundering, the
financing of terrorism, proliferation financing,
serious tax fraud, human and drug trafficking,
counterfeiting, piracy, securities fraud, financial
fraud, and acts of foreign corruption, harming the
national security interests of the United States and
allies of the United States;
(4) money launderers and others involved in
commercial activity intentionally conduct transactions
through corporate structures in order to evade
detection, and may layer such structures, much like
Russian nesting ``Matryoshka'' dolls, across various
secretive jurisdictions such that each time an
investigator obtains ownership records for a domestic
or foreign entity, the newly identified entity is yet
another corporate entity, necessitating a repeat of the
same process;
(5) Federal legislation providing for the
collection of beneficial ownership information for
corporations, limited liability companies, or other
similar entities formed under the laws of the States is
needed to--
(A) set a clear, Federal standard for
incorporation practices;
(B) protect vital Unites States national
security interests;
(C) protect interstate and foreign
commerce;
(D) better enable critical national
security, intelligence, and law enforcement
efforts to counter money laundering, the
financing of terrorism, and other illicit
activity; and
(E) bring the United States into compliance
with international anti-money laundering and
countering the financing of terrorism
standards;
(6) beneficial ownership information collected
under the amendments made by this title is sensitive
information and will be directly available only to
authorized government authorities, subject to effective
safeguards and controls, to--
(A) facilitate important national security,
intelligence, and law enforcement activities;
and
(B) confirm beneficial ownership
information provided to financial institutions
to facilitate the compliance of the financial
institutions with anti-money laundering,
countering the financing of terrorism, and
customer due diligence requirements under
applicable law;
(7) consistent with applicable law, the Secretary
of the Treasury shall--
(A) maintain the information described in
paragraph (1) in a secure, nonpublic database,
using information security methods and
techniques that are appropriate to protect
nonclassified information systems at the
highest security level; and
(B) take all steps, including regular
auditing, to ensure that government authorities
accessing beneficial ownership information do
so only for authorized purposes consistent with
this title; and
(8) in prescribing regulations to provide for the
reporting of beneficial ownership information, the
Secretary shall, to the greatest extent practicable
consistent with the purposes of this title--
(A) seek to minimize burdens on reporting
companies associated with the collection of
beneficial ownership information;
(B) provide clarity to reporting companies
concerning the identification of their
beneficial owners; and
(C) collect information in a form and
manner that is reasonably designed to generate
a database that is highly useful to national
security, intelligence, and law enforcement
agencies and Federal functional regulators.
SEC. 6403. BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, as amended by sections 6306(a)(1), 6307(a),
and 6313(a) of this division, is amended by adding at the end
the following:
``Sec. 5336. Beneficial ownership information reporting requirements
``(a) Definitions.--In this section:
``(1) Acceptable identification document.--The term
`acceptable identification document' means, with
respect to an individual--
``(A) a nonexpired passport issued by the
United States;
``(B) a nonexpired identification document
issued by a State, local government, or Indian
Tribe to the individual acting for the purpose
of identification of that individual;
``(C) a nonexpired driver's license issued
by a State; or
``(D) if the individual does not have a
document described in subparagraph (A), (B), or
(C), a nonexpired passport issued by a foreign
government.
``(2) Applicant.--The term `applicant' means any
individual who--
``(A) files an application to form a
corporation, limited liability company, or
other similar entity under the laws of a State
or Indian Tribe; or
``(B) registers or files an application to
register a corporation, limited liability
company, or other similar entity formed under
the laws of a foreign country to do business in
the United States by filing a document with the
secretary of state or similar office under the
laws of a State or Indian Tribe.
``(3) Beneficial owner.--The term `beneficial
owner'--
``(A) means, with respect to an entity, an
individual who, directly or indirectly, through
any contract, arrangement, understanding,
relationship, or otherwise--
``(i) exercises substantial control
over the entity; or
``(ii) owns or controls not less
than 25 percent of the ownership
interests of the entity; and
``(B) does not include--
``(i) a minor child, as defined in
the State in which the entity is
formed, if the information of the
parent or guardian of the minor child
is reported in accordance with this
section;
``(ii) an individual acting as a
nominee, intermediary, custodian, or
agent on behalf of another individual;
``(iii) an individual acting solely
as an employee of a corporation,
limited liability company, or other
similar entity and whose control over
or economic benefits from such entity
is derived solely from the employment
status of the person;
``(iv) an individual whose only
interest in a corporation, limited
liability company, or other similar
entity is through a right of
inheritance; or
``(v) a creditor of a corporation,
limited liability company, or other
similar entity, unless the creditor
meets the requirements of subparagraph
(A).
``(4) Director.--The term `Director' means the
Director of FinCEN.
``(5) FinCEN.--The term `FinCEN' means the
Financial Crimes Enforcement Network of the Department
of the Treasury.
``(6) FinCEN identifier.--The term `FinCEN
identifier' means the unique identifying number
assigned by FinCEN to a person under this section.
``(7) Foreign person.--The term `foreign person'
means a person who is not a United States person, as
defined in section 7701(a) of the Internal Revenue Code
of 1986.
``(8) Indian tribe.--The term `Indian Tribe' has
the meaning given the term `Indian tribe' in section
102 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5130).
``(9) Lawfully admitted for permanent residence.--
The term `lawfully admitted for permanent residence'
has the meaning given the term in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
``(10) Pooled investment vehicle.--The term `pooled
investment vehicle' means--
``(A) any investment company, as defined in
section 3(a) of the Investment Company Act of
1940 (15 U.S.C. 80a-3(a)); or
``(B) any company that--
``(i) would be an investment
company under that section but for the
exclusion provided from that definition
by paragraph (1) or (7) of section 3(c)
of that Act (15 U.S.C. 80a-3(c)); and
``(ii) is identified by its legal
name by the applicable investment
adviser in its Form ADV (or successor
form) filed with the Securities and
Exchange Commission.
``(11) Reporting company.--The term `reporting
company'--
``(A) means a corporation, limited
liability company, or other similar entity that
is--
``(i) created by the filing of a
document with a secretary of state or a
similar office under the law of a State
or Indian Tribe; or
``(ii) formed under the law of a
foreign country and registered to do
business in the United States by the
filing of a document with a secretary
of state or a similar office under the
laws of a State or Indian Tribe; and
``(B) does not include--
``(i) an issuer--
``(I) of a class of
securities registered under
section 12 of the Securities
Exchange Act of 1934 (15 U.S.C.
78l); or
``(II) that is required to
file supplementary and periodic
information under section 15(d)
of the Securities Exchange Act
of 1934 (15 U.S.C. 78o(d));
``(ii) an entity--
``(I) established under the
laws of the United States, an
Indian Tribe, a State, or a
political subdivision of a
State, or under an interstate
compact between 2 or more
States; and
``(II) that exercises
governmental authority on
behalf of the United States or
any such Indian Tribe, State,
or political subdivision;
``(iii) a bank, as defined in--
``(I) section 3 of the
Federal Deposit Insurance Act
(12 U.S.C. 1813);
``(II) section 2(a) of the
Investment Company Act of 1940
(15 U.S.C. 80a-2(a)); or
``(III) section 202(a) of
the Investment Advisers Act of
1940 (15 U.S.C. 80b-2(a));
``(iv) a Federal credit union or a
State credit union (as those terms are
defined in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752));
``(v) a bank holding company (as
defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C.
1841)) or a savings and loan holding
company (as defined in section 10(a) of
the Home Owners' Loan Act (12 U.S.C.
1467a(a)));
``(vi) a money transmitting
business registered with the Secretary
of the Treasury under section 5330;
``(vii) a broker or dealer (as
those terms are defined in section 3 of
the Securities Exchange Act of 1934 (15
U.S.C. 78c)) that is registered under
section 15 of that Act (15 U.S.C. 78o);
``(viii) an exchange or clearing
agency (as those terms are defined in
section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)) that is
registered under section 6 or 17A of
that Act (15 U.S.C. 78f, 78q-1);
``(ix) any other entity not
described in clause (i), (vii), or
(viii) that is registered with the
Securities and Exchange Commission
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.);
``(x) an entity that--
``(I) is an investment
company (as defined in section
3 of the Investment Company Act
of 1940 (15 U.S.C. 80a-3)) or
an investment adviser (as
defined in section 202 of the
Investment Advisers Act of 1940
(15 U.S.C. 80b-2)); and
``(II) is registered with
the Securities and Exchange
Commission under the Investment
Company Act of 1940 (15 U.S.C.
80a-1 et seq.) or the
Investment Advisers Act of 1940
(15 U.S.C. 80b-1 et seq.);
``(xi) an investment adviser--
``(I) described in section
203(l) of the Investment
Advisers Act of 1940 (15 U.S.C.
80b-3(l)); and
``(II) that has filed Item
10, Schedule A, and Schedule B
of Part 1A of Form ADV, or any
successor thereto, with the
Securities and Exchange
Commission;
``(xii) an insurance company (as
defined in section 2 of the Investment
Company Act of 1940 (15 U.S.C. 80a-2));
``(xiii) an entity that--
``(I) is an insurance
producer that is authorized by
a State and subject to
supervision by the insurance
commissioner or a similar
official or agency of a State;
and
``(II) has an operating
presence at a physical office
within the United States;
``(xiv)(I) a registered entity (as
defined in section 1a of the Commodity
Exchange Act (7 U.S.C. 1a)); or
``(II) an entity that is--
``(aa)(AA) a futures
commission merchant,
introducing broker, swap
dealer, major swap participant,
commodity pool operator, or
commodity trading advisor (as
those terms are defined in
section 1a of the Commodity
Exchange Act (7 U.S.C. 1a)); or
``(BB) a retail foreign
exchange dealer, as described
in section 2(c)(2)(B) of that
Act (7 U.S.C. 2(c)(2)(B)); and
``(bb) registered with the
Commodity Futures Trading
Commission under the Commodity
Exchange Act (7 U.S.C. 1 et
seq.);
``(xv) a public accounting firm
registered in accordance with section
102 of the Sarbanes-Oxley Act of 2002
(15 U.S.C. 7212);
``(xvi) a public utility that
provides telecommunications services,
electrical power, natural gas, or water
and sewer services within the United
States;
``(xvii) a financial market utility
designated by the Financial Stability
Oversight Council under section 804 of
the Payment, Clearing, and Settlement
Supervision Act of 2010 (12 U.S.C.
5463);
``(xviii) any pooled investment
vehicle that is operated or advised by
a person described in clause (iii),
(iv), (vii), (x), or (xi);
``(xix) any--
``(I) organization that is
described in section 501(c) of
the Internal Revenue Code of
1986 (determined without regard
to section 508(a) of such Code)
and exempt from tax under
section 501(a) of such Code,
except that in the case of any
such organization that loses an
exemption from tax, such
organization shall be
considered to be continued to
be described in this subclause
for the 180-day period
beginning on the date of the
loss of such tax-exempt status;
``(II) political
organization (as defined in
section 527(e)(1) of such Code)
that is exempt from tax under
section 527(a) of such Code; or
``(III) trust described in
paragraph (1) or (2) of section
4947(a) of such Code;
``(xx) any corporation, limited
liability company, or other similar
entity that--
``(I) operates exclusively
to provide financial assistance
to, or hold governance rights
over, any entity described in
clause (xix);
``(II) is a United States
person;
``(III) is beneficially
owned or controlled exclusively
by 1 or more United States
persons that are United States
citizens or lawfully admitted
for permanent residence; and
``(IV) derives at least a
majority of its funding or
revenue from 1 or more United
States persons that are United
States citizens or lawfully
admitted for permanent
residence;
``(xxi) any entity that--
``(I) employs more than 20
employees on a full-time basis
in the United States;
``(II) filed in the
previous year Federal income
tax returns in the United
States demonstrating more than
$5,000,000 in gross receipts or
sales in the aggregate,
including the receipts or sales
of--
``(aa) other
entities owned by the
entity; and
``(bb) other
entities through which
the entity operates;
and
``(III) has an operating
presence at a physical office
within the United States;
``(xxii) any corporation, limited
liability company, or other similar
entity of which the ownership interests
are owned or controlled, directly or
indirectly, by 1 or more entities
described in clause (i), (ii), (iii),
(iv), (v), (vii), (viii), (ix), (x),
(xi), (xii), (xiii), (xiv), (xv),
(xvi), (xvii) (xix), or (xxi);
``(xxiii) any corporation, limited
liability company, or other similar
entity--
``(I) in existence for over
1 year;
``(II) that is not engaged
in active business;
``(III) that is not owned,
directly or indirectly, by a
foreign person;
``(IV) that has not, in the
preceding 12-month period,
experienced a change in
ownership or sent or received
funds in an amount greater than
$1,000 (including all funds
sent to or received from any
source through a financial
account or accounts in which
the entity, or an affiliate of
the entity, maintains an
interest); and
``(V) that does not
otherwise hold any kind or type
of assets, including an
ownership interest in any
corporation, limited liability
company, or other similar
entity;
``(xxiv) any entity or class of
entities that the Secretary of the
Treasury, with the written concurrence
of the Attorney General and the
Secretary of Homeland Security, has, by
regulation, determined should be exempt
from the requirements of subsection (b)
because requiring beneficial ownership
information from the entity or class of
entities--
``(I) would not serve the
public interest; and
``(II) would not be highly
useful in national security,
intelligence, and law
enforcement agency efforts to
detect, prevent, or prosecute
money laundering, the financing
of terrorism, proliferation
finance, serious tax fraud, or
other crimes.
``(12) State.--The term `State' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, the
United States Virgin Islands, and any other
commonwealth, territory, or possession of the United
States.
``(13) Unique identifying number.--The term `unique
identifying number' means, with respect to an
individual or an entity with a sole member, the unique
identifying number from an acceptable identification
document.
``(14) United states person.--The term `United
States person' has the meaning given the term in
section 7701(a) of the Internal Revenue Code of 1986.
``(b) Beneficial Ownership Information Reporting.--
``(1) Reporting.--
``(A) In general.--In accordance with
regulations prescribed by the Secretary of the
Treasury, each reporting company shall submit
to FinCEN a report that contains the
information described in paragraph (2).
``(B) Reporting of existing entities.--In
accordance with regulations prescribed by the
Secretary of the Treasury, any reporting
company that has been formed or registered
before the effective date of the regulations
prescribed under this subsection shall, in a
timely manner, and not later than 2 years after
the effective date of the regulations
prescribed under this subsection, submit to
FinCEN a report that contains the information
described in paragraph (2).
``(C) Reporting at time of formation or
registration.--In accordance with regulations
prescribed by the Secretary of the Treasury,
any reporting company that has been formed or
registered after the effective date of the
regulations promulgated under this subsection
shall, at the time of formation or
registration, submit to FinCEN a report that
contains the information described in paragraph
(2).
``(D) Updated reporting for changes in
beneficial ownership.--In accordance with
regulations prescribed by the Secretary of the
Treasury, a reporting company shall, in a
timely manner, and not later than 1 year after
the date on which there is a change with
respect to any information described in
paragraph (2), submit to FinCEN a report that
updates the information relating to the change.
``(E) Treasury review of updated reporting
for changes in beneficial ownership.--The
Secretary of the Treasury, in consultation with
the Attorney General and the Secretary of
Homeland Security, shall conduct a review to
evaluate--
``(i) the necessity of a
requirement for corporations, limited
liability companies, or other similar
entities to update the report on
beneficial ownership information in
paragraph (2), related to a change in
ownership, within a shorter period of
time than required under subparagraph
(D), taking into account the updating
requirements under subparagraph (D) and
the information contained in the
reports;
``(ii) the benefit to law
enforcement and national security
officials that might be derived from,
and the burden that a requirement to
update the list of beneficial owners
within a shorter period of time after a
change in the list of beneficial owners
would impose on corporations, limited
liability companies, or other similar
entities; and
``(iii) not later than 2 years
after the date of enactment of this
section, incorporate into the
regulations, as appropriate, any
changes necessary to implement the
findings and determinations based on
the review required under this
subparagraph.
``(F) Regulation requirements.--In
promulgating the regulations required under
subparagraphs (A) through (D), the Secretary of
the Treasury shall, to the greatest extent
practicable--
``(i) establish partnerships with
State, local, and Tribal governmental
agencies;
``(ii) collect information
described in paragraph (2) through
existing Federal, State, and local
processes and procedures;
``(iii) minimize burdens on
reporting companies associated with the
collection of the information described
in paragraph (2), in light of the
private compliance costs placed on
legitimate businesses, including by
identifying any steps taken to mitigate
the costs relating to compliance with
the collection of information; and
``(iv) collect information
described in paragraph (2) in a form
and manner that ensures the information
is highly useful in--
``(I) facilitating
important national security,
intelligence, and law
enforcement activities; and
``(II) confirming
beneficial ownership
information provided to
financial institutions to
facilitate the compliance of
the financial institutions with
anti-money laundering,
countering the financing of
terrorism, and customer due
diligence requirements under
applicable law.
``(G) Regulatory simplification.--To
simplify compliance with this section for
reporting companies and financial institutions,
the Secretary of the Treasury shall ensure that
the regulations prescribed by the Secretary
under this subsection are added to part 1010 of
title 31, Code of Federal Regulations, or any
successor thereto.
``(2) Required information.--
``(A) In general.--In accordance with
regulations prescribed by the Secretary of the
Treasury, a report delivered under paragraph
(1) shall, except as provided in subparagraph
(B), identify each beneficial owner of the
applicable reporting company and each applicant
with respect to that reporting company by--
``(i) full legal name;
``(ii) date of birth;
``(iii) current, as of the date on
which the report is delivered,
residential or business street address;
and
``(iv)(I) unique identifying number
from an acceptable identification
document; or
``(II) FinCEN identifier in
accordance with requirements in
paragraph (3).
``(B) Reporting requirement for exempt
entities having an ownership interest.--If an
exempt entity described in subsection
(a)(11)(B) has or will have a direct or
indirect ownership interest in a reporting
company, the reporting company or the
applicant--
``(i) shall, with respect to the
exempt entity, only list the name of
the exempt entity; and
``(ii) shall not be required to
report the information with respect to
the exempt entity otherwise required
under subparagraph (A).
``(C) Reporting requirement for certain
pooled investment vehicles.--Any corporation,
limited liability company, or other similar
entity that is an exempt entity described in
subsection (a)(11)(B)(xviii) and is formed
under the laws of a foreign country shall file
with FinCEN a written certification that
provides identification information of an
individual that exercises substantial control
over the pooled investment vehicle in the same
manner as required under this subsection.
``(D) Reporting requirement for exempt
subsidiaries.--In accordance with the
regulations promulgated by the Secretary, any
corporation, limited liability company, or
other similar entity that is an exempt entity
described in subsection (a)(11)(B)(xxii),
shall, at the time such entity no longer meets
the criteria described in subsection
(a)(11)(B)(xxii), submit to FinCEN a report
containing the information required under
subparagraph (A).
``(E) Reporting requirement for exempt
grandfathered entities.--In accordance with the
regulations promulgated by the Secretary, any
corporation, limited liability company, or
other similar entity that is an exempt entity
described in subsection (a)(11)(B)(xxiii),
shall, at the time such entity no longer meets
the criteria described in subsection
(a)(11)(B)(xxiii), submit to FinCEN a report
containing the information required under
subparagraph (A).
``(3) FinCEN identifier.--
``(A) Issuance of fincen identifier.--
``(i) In general.--Upon request by
an individual who has provided FinCEN
with the information described in
paragraph (2)(A) pertaining to the
individual, or by an entity that has
reported its beneficial ownership
information to FinCEN in accordance
with this section, FinCEN shall issue a
FinCEN identifier to such individual or
entity.
``(ii) Updating of information.--An
individual or entity with a FinCEN
identifier shall submit filings with
FinCEN pursuant to paragraph (1)
updating any information described in
paragraph (2) in a timely manner
consistent with paragraph (1)(D).
``(iii) Exclusive identifier.--
FinCEN shall not issue more than 1
FinCEN identifier to the same
individual or to the same entity
(including any successor entity).
``(B) Use of fincen identifier for
individuals.--Any person required to report the
information described in paragraph (2) with
respect to an individual may instead report the
FinCEN identifier of the individual.
``(C) Use of fincen identifier for
entities.--If an individual is or may be a
beneficial owner of a reporting company by an
interest held by the individual in an entity
that, directly or indirectly, holds an interest
in the reporting company, the reporting company
may report the FinCEN identifier of the entity
in lieu of providing the information required
by paragraph (2)(A) with respect to the
individual.
``(4) Regulations.--The Secretary of the Treasury
shall--
``(A) by regulation prescribe procedures
and standards governing any report under
paragraph (2) and any FinCEN identifier under
paragraph (3); and
``(B) in promulgating the regulations under
subparagraph (A) to the extent practicable,
consistent with the purposes of this section--
``(i) minimize burdens on reporting
companies associated with the
collection of beneficial ownership
information, including by eliminating
duplicative requirements; and
``(ii) ensure the beneficial
ownership information reported to
FinCEN is accurate, complete, and
highly useful.
``(5) Effective date.--The requirements of this
subsection shall take effect on the effective date of
the regulations prescribed by the Secretary of the
Treasury under this subsection, which shall be
promulgated not later than 1 year after the date of
enactment of this section.
``(6) Report.--Not later than 1 year after the
effective date described in paragraph (5), and annually
thereafter for 2 years, the Secretary of the Treasury
shall submit to Congress a report describing the
procedures and standards prescribed to carry out
paragraph (2), which shall include an assessment of--
``(A) the effectiveness of those procedures
and standards in minimizing reporting burdens
(including through the elimination of
duplicative requirements) and strengthening the
accuracy of reports submitted under paragraph
(2); and
``(B) any alternative procedures and
standards prescribed to carry out paragraph
(2).
``(c) Retention and Disclosure of Beneficial Ownership
Information by FinCEN.--
``(1) Retention of information.--Beneficial
ownership information required under subsection (b)
relating to each reporting company shall be maintained
by FinCEN for not fewer than 5 years after the date on
which the reporting company terminates.
``(2) Disclosure.--
``(A) Prohibition.--Except as authorized by
this subsection and the protocols promulgated
under this subsection, beneficial ownership
information reported under this section shall
be confidential and may not be disclosed by--
``(i) an officer or employee of the
United States;
``(ii) an officer or employee of
any State, local, or Tribal agency; or
``(iii) an officer or employee of
any financial institution or regulatory
agency receiving information under this
subsection.
``(B) Scope of disclosure by fincen.--
FinCEN may disclose beneficial ownership
information reported pursuant to this section
only upon receipt of--
``(i) a request, through
appropriate protocols--
``(I) from a Federal agency
engaged in national security,
intelligence, or law
enforcement activity, for use
in furtherance of such
activity; or
``(II) from a State, local,
or Tribal law enforcement
agency, if a court of competent
jurisdiction, including any
officer of such a court, has
authorized the law enforcement
agency to seek the information
in a criminal or civil
investigation;
``(ii) a request from a Federal
agency on behalf of a law enforcement
agency, prosecutor, or judge of another
country, including a foreign central
authority or competent authority (or
like designation), under an
international treaty, agreement,
convention, or official request made by
law enforcement, judicial, or
prosecutorial authorities in trusted
foreign countries when no treaty,
agreement, or convention is available--
``(I) issued in response to
a request for assistance in an
investigation or prosecution by
such foreign country; and
``(II) that--
``(aa) requires
compliance with the
disclosure and use
provisions of the
treaty, agreement, or
convention, publicly
disclosing any
beneficial ownership
information received;
or
``(bb) limits the
use of the information
for any purpose other
than the authorized
investigation or
national security or
intelligence activity;
``(iii) a request made by a
financial institution subject to
customer due diligence requirements,
with the consent of the reporting
company, to facilitate the compliance
of the financial institution with
customer due diligence requirements
under applicable law; or
``(iv) a request made by a Federal
functional regulator or other
appropriate regulatory agency
consistent with the requirements of
subparagraph (C).
``(C) Form and manner of disclosure to
financial institutions and regulatory
agencies.--The Secretary of the Treasury shall,
by regulation, prescribe the form and manner in
which information shall be provided to a
financial institution under subparagraph
(B)(iii), which regulation shall include that
the information shall also be available to a
Federal functional regulator or other
appropriate regulatory agency, as determined by
the Secretary, if the agency--
``(i) is authorized by law to
assess, supervise, enforce, or
otherwise determine the compliance of
the financial institution with the
requirements described in that
subparagraph;
``(ii) uses the information solely
for the purpose of conducting the
assessment, supervision, or authorized
investigation or activity described in
clause (i); and
``(iii) enters into an agreement
with the Secretary providing for
appropriate protocols governing the
safekeeping of the information.
``(3) Appropriate protocols.--The Secretary of the
Treasury shall establish by regulation protocols
described in paragraph (2)(A) that--
``(A) protect the security and
confidentiality of any beneficial ownership
information provided directly by the Secretary;
``(B) require the head of any requesting
agency, on a non-delegable basis, to approve
the standards and procedures utilized by the
requesting agency and certify to the Secretary
semi-annually that such standards and
procedures are in compliance with the
requirements of this paragraph;
``(C) require the requesting agency to
establish and maintain, to the satisfaction of
the Secretary, a secure system in which such
beneficial ownership information provided
directly by the Secretary shall be stored;
``(D) require the requesting agency to
furnish a report to the Secretary, at such time
and containing such information as the
Secretary may prescribe, that describes the
procedures established and utilized by such
agency to ensure the confidentiality of the
beneficial ownership information provided
directly by the Secretary;
``(E) require a written certification for
each authorized investigation or other activity
described in paragraph (2) from the head of an
agency described in paragraph (2)(B)(i)(I), or
their designees, that--
``(i) states that applicable
requirements have been met, in such
form and manner as the Secretary may
prescribe; and
``(ii) at a minimum, sets forth the
specific reason or reasons why the
beneficial ownership information is
relevant to an authorized investigation
or other activity described in
paragraph (2);
``(F) require the requesting agency to
limit, to the greatest extent practicable, the
scope of information sought, consistent with
the purposes for seeking beneficial ownership
information;
``(G) restrict, to the satisfaction of the
Secretary, access to beneficial ownership
information to whom disclosure may be made
under the provisions of this section to only
users at the requesting agency--
``(i) who are directly engaged in
the authorized investigation or
activity described in paragraph (2);
``(ii) whose duties or
responsibilities require such access;
``(iii) who--
``(I) have undergone
appropriate training; or
``(II) use staff to access
the database who have undergone
appropriate training;
``(iv) who use appropriate identity
verification mechanisms to obtain
access to the information; and
``(v) who are authorized by
agreement with the Secretary to access
the information;
``(H) require the requesting agency to
establish and maintain, to the satisfaction of
the Secretary, a permanent system of
standardized records with respect to an
auditable trail of each request for beneficial
ownership information submitted to the
Secretary by the agency, including the reason
for the request, the name of the individual who
made the request, the date of the request, any
disclosure of beneficial ownership information
made by or to the agency, and any other
information the Secretary of the Treasury
determines is appropriate;
``(I) require that the requesting agency
receiving beneficial ownership information from
the Secretary conduct an annual audit to verify
that the beneficial ownership information
received from the Secretary has been accessed
and used appropriately, and in a manner
consistent with this paragraph and provide the
results of that audit to the Secretary upon
request;
``(J) require the Secretary to conduct an
annual audit of the adherence of the agencies
to the protocols established under this
paragraph to ensure that agencies are
requesting and using beneficial ownership
information appropriately; and
``(K) provide such other safeguards which
the Secretary determines (and which the
Secretary prescribes in regulations) to be
necessary or appropriate to protect the
confidentiality of the beneficial ownership
information.
``(4) Violation of protocols.--Any employee or
officer of a requesting agency under paragraph (2)(B)
that violates the protocols described in paragraph (3),
including unauthorized disclosure or use, shall be
subject to criminal and civil penalties under
subsection (h)(3)(B).
``(5) Department of the treasury access.--
``(A) In general.--Beneficial ownership
information shall be accessible for inspection
or disclosure to officers and employees of the
Department of the Treasury whose official
duties require such inspection or disclosure
subject to procedures and safeguards prescribed
by the Secretary of the Treasury.
``(B) Tax administration purposes.--
Officers and employees of the Department of the
Treasury may obtain access to beneficial
ownership information for tax administration
purposes in accordance with this subsection.
``(6) Rejection of request.--The Secretary of the
Treasury--
``(A) shall reject a request not submitted
in the form and manner prescribed by the
Secretary under paragraph (2)(C); and
``(B) may decline to provide information
requested under this subsection upon finding
that--
``(i) the requesting agency has
failed to meet any other requirement of
this subsection;
``(ii) the information is being
requested for an unlawful purpose; or
``(iii) other good cause exists to
deny the request.
``(7) Suspension.--The Secretary of the Treasury
may suspend or debar a requesting agency from access
for any of the grounds set forth in paragraph (6),
including for repeated or serious violations of any
requirement under paragraph (2).
``(8) Security protections.--The Secretary of the
Treasury shall maintain information security
protections, including encryption, for information
reported to FinCEN under subsection (b) and ensure that
the protections--
``(A) are consistent with standards and
guidelines developed under subchapter II of
chapter 35 of title 44; and
``(B) incorporate Federal information
system security controls for high-impact
systems, excluding national security systems,
consistent with applicable law to prevent the
loss of confidentiality, integrity, or
availability of information that may have a
severe or catastrophic adverse effect.
``(9) Report by the secretary.--Not later than 1
year after the effective date of the regulations
prescribed under this subsection, and annually
thereafter for 5 years, the Secretary of the Treasury
shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a
report, which--
``(A) may include a classified annex; and
``(B) shall, with respect to each request
submitted under paragraph (2)(B)(i)(II) during
the period covered by the report, and
consistent with protocols established by the
Secretary that are necessary to protect law
enforcement sensitive, tax-related, or
classified information, include--
``(i) the date on which the request
was submitted;
``(ii) the source of the request;
``(iii) whether the request was
accepted or rejected or is pending; and
``(iv) a general description of the
basis for rejecting the such request,
if applicable.
``(10) Audit by the comptroller general.--Not later
than 1 year after the effective date of the regulations
prescribed under this subsection, and annually
thereafter for 6 years, the Comptroller General of the
United States shall--
``(A) audit the procedures and safeguards
established by the Secretary of the Treasury
under those regulations, including duties for
verification of requesting agencies systems and
adherence to the protocols established under
this subsection, to determine whether such
safeguards and procedures meet the requirements
of this subsection and that the Department of
the Treasury is using beneficial ownership
information appropriately in a manner
consistent with this subsection; and
``(B) submit to the Secretary of the
Treasury, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the
Committee on Financial Services of the House of
Representatives a report that contains the
findings and determinations with respect to any
audit conducted under this paragraph.
``(11) Department of the treasury testimony.--
``(A) In general.--Not later than March 31
of each year for 5 years beginning in 2022, the
Director shall be made available to testify
before the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee
on Financial Services of the House of
Representatives, or an appropriate subcommittee
thereof, regarding FinCEN issues, including,
specifically, issues relating to--
``(i) anticipated plans, goals, and
resources necessary for operations of
FinCEN in implementing the requirements
of the Anti-Money Laundering Act of
2020 and the amendments made by that
Act;
``(ii) the adequacy of
appropriations for FinCEN in the
current and the previous fiscal year
to--
``(I) ensure that the
requirements and obligations
imposed upon FinCEN by the
Anti-Money Laundering Act of
2020 and the amendments made by
that Act are completed as
efficiently, effectively, and
expeditiously as possible; and
``(II) provide for robust
and effective implementation
and enforcement of the
provisions of the Anti-Money
Laundering Act of 2020 and the
amendments made by that Act;
``(iii) strengthen FinCEN
management efforts, as necessary and as
identified by the Director, to meet the
requirements of the Anti-Money
Laundering Act of 2020 and the
amendments made by that Act;
``(iv) provide for the necessary
public outreach to ensure the broad
dissemination of information regarding
any new program requirements provided
for in the Anti-Money Laundering Act of
2020 and the amendments made by that
Act, including--
``(I) educating the
business community on the goals
and operations of the new
beneficial ownership database;
and
``(II) disseminating to the
governments of countries that
are allies or partners of the
United States information on
best practices developed by
FinCEN related to beneficial
ownership information retention
and use;
``(v) any policy recommendations
that could facilitate and improve
communication and coordination between
the private sector, FinCEN, and the
Federal, State, and local agencies and
entities involved in implementing
innovative approaches to meet their
obligations under the Anti-Money
Laundering Act of 2020 and the
amendments made by that Act, the Bank
Secrecy Act (as defined in section 6003
of the Anti-Money Laundering Act of
2020), and other anti-money laundering
compliance laws; and
``(vi) any other matter that the
Director determines is appropriate.
``(B) Testimony classification.--The
testimony required under subparagraph (A)--
``(i) shall be submitted in
unclassified form; and
``(ii) may include a classified
portion.
``(d) Agency Coordination.--
``(1) In general.--The Secretary of the Treasury
shall, to the greatest extent practicable, update the
information described in subsection (b) by working
collaboratively with other relevant Federal, State, and
Tribal agencies.
``(2) Information from relevant federal, state, and
tribal agencies.--Relevant Federal, State, and Tribal
agencies, as determined by the Secretary of the
Treasury, shall, to the extent practicable, and
consistent with applicable legal protections, cooperate
with and provide information requested by FinCEN for
purposes of maintaining an accurate, complete, and
highly useful database for beneficial ownership
information.
``(3) Regulations.--The Secretary of the Treasury,
in consultation with the heads of other relevant
Federal agencies, may promulgate regulations as
necessary to carry out this subsection.
``(e) Notification of Federal Obligations.--
``(1) Federal.--The Secretary of the Treasury shall
take reasonable steps to provide notice to persons of
their obligations to report beneficial ownership
information under this section, including by causing
appropriate informational materials describing such
obligations to be included in 1 or more forms or other
informational materials regularly distributed by the
Internal Revenue Service and FinCEN.
``(2) States and indian tribes.--
``(A) In general.--As a condition of the
funds made available under this section, each
State and Indian Tribe shall, not later than 2
years after the effective date of the
regulations promulgated under subsection
(b)(4), take the following actions:
``(i) The secretary of a State or a
similar office in each State or Indian
Tribe responsible for the formation or
registration of entities created by the
filing of a public document with the
office under the law of the State or
Indian Tribe shall periodically,
including at the time of any initial
formation or registration of an entity,
assessment of an annual fee, or renewal
of any license to do business in the
United States and in connection with
State or Indian Tribe corporate tax
assessments or renewals--
``(I) notify filers of
their requirements as reporting
companies under this section,
including the requirements to
file and update reports under
paragraphs (1) and (2) of
subsection (b); and
``(II) provide the filers
with a copy of the reporting
company form created by the
Secretary of the Treasury under
this subsection or an internet
link to that form.
``(ii) The secretary of a State or
a similar office in each State or
Indian Tribe responsible for the
formation or registration of entities
created by the filing of a public
document with the office under the law
of the State or Indian Tribes shall
update the websites, forms relating to
incorporation, and physical premises of
the office to notify filers of their
requirements as reporting companies
under this section, including providing
an internet link to the reporting
company form created by the Secretary
of the Treasury under this section.
``(B) Notification from the department of
the treasury.--A notification under clause (i)
or (ii) of subparagraph (A) shall explicitly
state that the notification is on behalf of the
Department of the Treasury for the purpose of
preventing money laundering, the financing of
terrorism, proliferation financing, serious tax
fraud, and other financial crime by requiring
nonpublic registration of business entities
formed or registered to do business in the
United States.
``(f) No Bearer Share Corporations or Limited Liability
Companies.--A corporation, limited liability company, or other
similar entity formed under the laws of a State or Indian Tribe
may not issue a certificate in bearer form evidencing either a
whole or fractional interest in the entity.
``(g) Regulations.--In promulgating regulations carrying
out this section, the Director shall reach out to members of
the small business community and other appropriate parties to
ensure efficiency and effectiveness of the process for the
entities subject to the requirements of this section.
``(h) Penalties.--
``(1) Reporting violations.--It shall be unlawful
for any person to--
``(A) willfully provide, or attempt to
provide, false or fraudulent beneficial
ownership information, including a false or
fraudulent identifying photograph or document,
to FinCEN in accordance with subsection (b); or
``(B) willfully fail to report complete or
updated beneficial ownership information to
FinCEN in accordance with subsection (b).
``(2) Unauthorized disclosure or use.--Except as
authorized by this section, it shall be unlawful for
any person to knowingly disclose or knowingly use the
beneficial ownership information obtained by the person
through--
``(A) a report submitted to FinCEN under
subsection (b); or
``(B) a disclosure made by FinCEN under
subsection (c).
``(3) Criminal and civil penalties.--
``(A) Reporting violations.--Any person
that violates subparagraph (A) or (B) of
paragraph (1)--
``(i) shall be liable to the United
States for a civil penalty of not more
than $500 for each day that the
violation continues or has not been
remedied; and
``(ii) may be fined not more than
$10,000, imprisoned for not more than 2
years, or both.
``(B) Unauthorized disclosure or use
violations.--Any person that violates paragraph
(2)--
``(i) shall be liable to the United
States for a civil penalty of not more
than $500 for each day that the
violation continues or has not been
remedied; and
``(ii)(I) shall be fined not more
than $250,000, or imprisoned for not
more than 5 years, or both; or
``(II) while violating another law
of the United States or as part of a
pattern of any illegal activity
involving more than $100,000 in a 12-
month period, shall be fined not more
than $500,000, imprisoned for not more
than 10 years, or both.
``(C) Safe harbor.--
``(i) Safe harbor.--
``(I) In general.--Except
as provided in subclause (II),
a person shall not be subject
to civil or criminal penalty
under subparagraph (A) if the
person--
``(aa) has reason
to believe that any
report submitted by the
person in accordance
with subsection (b)
contains inaccurate
information; and
``(bb) in
accordance with
regulations issued by
the Secretary,
voluntarily and
promptly, and in no
case later than 90 days
after the date on which
the person submitted
the report, submits a
report containing
corrected information.
``(II) Exceptions.--A
person shall not be exempt from
penalty under clause (i) if, at
the time the person submits the
report required by subsection
(b), the person--
``(aa) acts for the
purpose of evading the
reporting requirements
under subsection (b);
and
``(bb) has actual
knowledge that any
information contained
in the report is
inaccurate.
``(ii) Assistance.--FinCEN shall
provide assistance to any person
seeking to submit a corrected report in
accordance with clause (i)(I).
``(4) User complaint process.--
``(A) In general.--The Inspector General of
the Department of the Treasury, in coordination
with the Secretary of the Treasury, shall
provide public contact information to receive
external comments or complaints regarding the
beneficial ownership information notification
and collection process or regarding the
accuracy, completeness, or timeliness of such
information.
``(B) Report.--The Inspector General of the
Department of the Treasury shall submit to
Congress a periodic report that--
``(i) summarizes external comments
or complaints and related
investigations conducted by the
Inspector General related to the
collection of beneficial ownership
information; and
``(ii) includes recommendations, in
coordination with FinCEN, to improve
the form and manner of the
notification, collection and updating
processes of the beneficial ownership
information reporting requirements to
ensure the beneficial ownership
information reported to FinCEN is
accurate, complete, and highly useful.
``(5) Treasury office of inspector general
investigation in the event of a cybersecurity breach.--
``(A) In general.--In the event of a
cybersecurity breach that results in
substantial unauthorized access and disclosure
of sensitive beneficial ownership information,
the Inspector General of the Department of the
Treasury shall conduct an investigation into
FinCEN cybersecurity practices that, to the
extent possible, determines any vulnerabilities
within FinCEN information security and
confidentiality protocols and provides
recommendations for fixing those deficiencies.
``(B) Report.--The Inspector General of the
Department of the Treasury shall submit to the
Secretary of the Treasury a report on each
investigation conducted under subparagraph (A).
``(C) Actions of the secretary.--Upon
receiving a report submitted under subparagraph
(B), the Secretary of the Treasury shall--
``(i) determine whether the
Director had any responsibility for the
cybersecurity breach or whether
policies, practices, or procedures
implemented at the direction of the
Director led to the cybersecurity
breach; and
``(ii) submit to Congress a written
report outlining the findings of the
Secretary, including a determination by
the Secretary on whether to retain or
dismiss the individual serving as the
Director.
``(6) Definition.--In this subsection, the term
`willfully' means the voluntary, intentional violation
of a known legal duty.
``(i) Continuous Review of Exempt Entities.--
``(1) In general.--On and after the effective date
of the regulations promulgated under subsection (b)(4),
if the Secretary of the Treasury makes a determination,
which may be based on information contained in the
report required under section 6502(c) of the Anti-Money
Laundering Act of 2020 or on any other information
available to the Secretary, that an entity or class of
entities described in subsection (a)(11)(B) has been
involved in significant abuse relating to money
laundering, the financing of terrorism, proliferation
finance, serious tax fraud, or any other financial
crime, not later than 90 days after the date on which
the Secretary makes the determination, the Secretary
shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a
report that explains the reasons for the determination
and any administrative or legislative recommendations
to prevent such abuse.
``(2) Classified annex.--The report required by
paragraph (1)--
``(A) shall be submitted in unclassified
form; and
``(B) may include a classified annex.''.
(b) Conforming Amendments.--Title 31, United States Code,
is amended--
(1) in section 5321(a)--
(A) in paragraph (1), by striking
``sections 5314 and 5315'' each place that term
appears and inserting ``sections 5314, 5315,
and 5336''; and
(B) in paragraph (6), by inserting
``(except section 5336)'' after ``subchapter''
each place that term appears;
(2) in section 5322, by striking ``section 5315 or
5324'' each place that term appears and inserting
``section 5315, 5324, or 5336''; and
(3) in the table of sections for chapter 53, as
amended by sections 6306(b)(1), 6307(b), and 6313(b) of
this division, by adding at the end the following:
``5336. Beneficial ownership information reporting requirements.''.
(c) Reporting Requirements for Federal Contractors.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Administrator for
Federal Procurement Policy shall revise the Federal
Acquisition Regulation maintained under section
1303(a)(1) of title 41, United States Code, to require
any contractor or subcontractor that is subject to the
requirement to disclose beneficial ownership
information under section 5336 of title 31, United
States Code, as added by subsection (a) of this
section, to provide the information required to be
disclosed under such section to the Federal Government
as part of any bid or proposal for a contract with a
value threshold in excess of the simplified acquisition
threshold under section 134 of title 41, United States
Code.
(2) Applicability.--The revision required under
paragraph (1) shall not apply to a covered contractor
or subcontractor, as defined in section 847 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), that is subject to the beneficial
ownership disclosure and review requirements under that
section.
(d) Revised Due Diligence Rulemaking.--
(1) In general.--Not later than 1 year after the
effective date of the regulations promulgated under
section 5336(b)(4) of title 31, United States Code, as
added by subsection (a) of this section, the Secretary
of the Treasury shall revise the final rule entitled
``Customer Due Diligence Requirements for Financial
Institutions'' (81 Fed. Reg. 29397 (May 11, 2016)) to--
(A) bring the rule into conformance with
this division and the amendments made by this
division;
(B) account for the access of financial
institutions to beneficial ownership
information filed by reporting companies under
section 5336, and provided in the form and
manner prescribed by the Secretary, in order to
confirm the beneficial ownership information
provided directly to the financial institutions
to facilitate the compliance of those financial
institutions with anti-money laundering,
countering the financing of terrorism, and
customer due diligence requirements under
applicable law; and
(C) reduce any burdens on financial
institutions and legal entity customers that
are, in light of the enactment of this division
and the amendments made by this division,
unnecessary or duplicative.
(2) Conformance.--
(A) In general.--In carrying out paragraph
(1), the Secretary of the Treasury shall
rescind paragraphs (b) through (j) of section
1010.230 of title 31, Code of Federal
Regulations upon the effective date of the
revised rule promulgated under this subsection.
(B) Rule of construction.--Nothing in this
section may be construed to authorize the
Secretary of the Treasury to repeal the
requirement that financial institutions
identify and verify beneficial owners of legal
entity customers under section 1010.230(a) of
title 31, Code of Federal Regulations.
(3) Considerations.--In fulfilling the requirements
under this subsection, the Secretary of the Treasury
shall consider--
(A) the use of risk-based principles for
requiring reports of beneficial ownership
information;
(B) the degree of reliance by financial
institutions on information provided by FinCEN
for purposes of obtaining and updating
beneficial ownership information;
(C) strategies to improve the accuracy,
completeness, and timeliness of the beneficial
ownership information reported to the
Secretary; and
(D) any other matter that the Secretary
determines is appropriate.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
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 take in
response to the criticism described in paragraph (4).
SEC. 6503. GAO STUDY ON FEEDBACK LOOPS.
(a) Definition.--In this section, the term ``feedback
loop'' means feedback provided by the United States Government
to relevant parties.
(b) Study.--The Comptroller General of the United States
shall conduct a study on--
(1) best practices within the United States
Government for feedback loops, including regulated
private entities, on the usage and usefulness of
personally identifiable information, sensitive-but-
unclassified data, or similar information provided by
the parties to United States Government users of the
information and data, including law enforcement
agencies and regulators; and
(2) any practice or standard inside or outside the
United States for providing feedback through sensitive
information and public-private partnership information
sharing efforts, specifically related to efforts to
combat money laundering and other forms of illicit
finance.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report containing--
(1) all findings and determinations made in
carrying out the study required under subsection (b);
(2) with respect to each of paragraphs (1) and (2)
of subsection (b), any best practice or significant
concern identified by the Comptroller General, and the
applicability to public-private partnerships and
feedback loops with respect to efforts by the United
States Government to combat money laundering and other
forms of illicit finance; and
(3) recommendations of the Comptroller General to
reduce or eliminate any unnecessary collection by the
United States Government of the information described
in subsection (b)(1).
SEC. 6504. GAO CTR STUDY AND REPORT.
The Comptroller General of the United States shall--
(1) not later than January 1, 2025, commence a
study of currency transaction reports, which shall
include--
(A) a review, carried out in consultation
with the Secretary, FinCEN, the Attorney
General, the State attorneys general, and
State, Tribal, and local law enforcement, of
the effectiveness of the currency transaction
reporting regime in effect as of the date of
the study;
(B) an analysis of the importance of
currency transaction reports to law
enforcement; and
(C) an analysis of the effects of raising
the currency transaction report threshold; and
(2) not later than December 31, 2025, submit to the
Secretary and Congress a report that includes--
(A) all findings and determinations made in
carrying out the study required under paragraph
(1); and
(B) recommendations for improving the
currency transaction reporting regime.
SEC. 6505. GAO STUDIES ON TRAFFICKING.
(a) Definition of Human Trafficking.--In this section, the
term ``human trafficking'' has the meaning given the term
``severe forms of trafficking in persons'' in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(b) Gao Study and Report on Stopping Trafficking, Illicit
Flows, Laundering, and Exploitation.--
(1) Study.--The Comptroller General of the United
States shall carry out a study, in consultation with
law enforcement, relevant Federal agencies, appropriate
private sector stakeholders (including financial
institutions and data and technology companies),
academic and other research organizations (including
survivor and victim advocacy organizations), and any
other group that the Comptroller General determines is
appropriate on--
(A) the major trafficking routes used by
transnational criminal organizations,
terrorists, and others, and to what extent the
trafficking routes for people (including
children), drugs, weapons, cash, child sexual
exploitation materials, or other illicit goods
are similar, related, or contiguous;
(B) commonly used methods to launder and
move the proceeds of trafficking;
(C) the types of suspicious financial
activity that are associated with illicit
trafficking networks, and how financial
institutions identify and report such activity;
(D) the nexus between the identities and
finances of trafficked persons and fraud;
(E) the tools, guidance, training,
partnerships, supervision, or other mechanisms
that Federal agencies, including FinCEN, the
Federal financial regulators, and law
enforcement, provide to help financial
institutions identify techniques and patterns
of transactions that may involve the proceeds
of trafficking;
(F) what steps financial institutions are
taking to detect and prevent bad actors who are
laundering the proceeds of illicit trafficking,
including data analysis, policies, training
procedures, rules, and guidance;
(G) what role gatekeepers, such as lawyers,
notaries, accountants, investment advisors,
logistics agents, and trust and company service
providers, play in facilitating trafficking
networks and the laundering of illicit
proceeds; and
(H) the role that emerging technologies,
including artificial intelligence, digital
identity technologies, distributed ledger
technologies, virtual assets, and related
exchanges and online marketplaces, and other
innovative technologies, can play in assisting
with and potentially enabling the laundering of
proceeds from trafficking.
(2) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services
of the House of Representatives a report--
(A) summarizing the results of the study
required under paragraph (1); and
(B) that contains any recommendations for
legislative or regulatory action that would
improve the efforts of Federal agencies to
combat trafficking or the laundering of
proceeds from such activity.
(c) GAO Study and Report on Fighting Illicit Networks and
Detecting Trafficking.--
(1) Study.--The Comptroller General of the United
States shall conduct a study on how a range of payment
systems and methods, including virtual currencies in
online marketplaces, are used to facilitate human
trafficking and drug trafficking, which shall
consider--
(A) how online marketplaces, including the
dark web, may be used as platforms to buy,
sell, or facilitate the financing of goods or
services associated with human trafficking or
drug trafficking, specifically, opioids and
synthetic opioids, including fentanyl, fentanyl
analogues, and any precursor chemical
associated with manufacturing fentanyl or
fentanyl analogues, destined for, originating
from, or within the United States;
(B) how financial payment methods,
including virtual currencies and peer-to-peer
mobile payment services, may be utilized by
online marketplaces to facilitate the buying,
selling, or financing of goods and services
associated with human trafficking or drug
trafficking destined for, originating from, or
within the United States;
(C) how virtual currencies may be used to
facilitate the buying, selling, or financing of
goods and services associated with human
trafficking or drug trafficking, destined for,
originating from, or within the United States,
when an online platform is not otherwise
involved;
(D) how illicit funds that have been
transmitted online and through virtual
currencies are repatriated into the formal
banking system of the United States through
money laundering or other means;
(E) the participants, including State and
non-State actors, throughout the entire supply
chain that may participate in or benefit from
the buying, selling, or financing of goods and
services associated with human trafficking or
drug trafficking, including through online
marketplaces or using virtual currencies,
destined for, originating from, or within the
United States;
(F) Federal and State agency efforts to
impede the buying, selling, or financing of
goods and services associated with human
trafficking or drug trafficking destined for,
originating from, or within the United States,
including efforts to prevent the proceeds from
human trafficking or drug trafficking from
entering the United States banking system;
(G) how virtual currencies and their
underlying technologies can be used to detect
and deter these illicit activities; and
(H) to what extent immutability and
traceability of virtual currencies can
contribute to the tracking and prosecution of
illicit funding.
(2) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services
of the House of Representatives a report--
(A) summarizing the results of the study
required under paragraph (1); and
(B) that contains any recommendations for
legislative or regulatory action that would
improve the efforts of Federal agencies to
impede the use of virtual currencies and online
marketplaces in facilitating human trafficking
and drug trafficking.
SEC. 6506. TREASURY STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING.
(a) Study Required.--
(1) In general.--The Secretary shall carry out a
study, in consultation with appropriate private sector
stakeholders, academic and other international trade
experts, and Federal agencies, on trade-based money
laundering.
(2) Contracting authority.--The Secretary may enter
into a contract with a private third-party entity to
carry out the study required by paragraph (1).
(b) Report Required.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
submit to Congress a report that includes--
(A) all findings and determinations made in
carrying out the study required under
subsection (a); and
(B) proposed strategies to combat trade-
based money laundering.
(2) Classified annex.--The report required under
paragraph (1)--
(A) shall be submitted in unclassified
form; and
(B) may include a classified annex.
SEC. 6507. TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Study.--The Secretary shall carry out a study, which
shall rely substantially on information obtained through the
trade-based money laundering analyses conducted by the
Comptroller General of the United States, on--
(1) the extent and effect of illicit finance risk
relating to the Government of the People's Republic of
China and Chinese firms, including financial
institutions;
(2) an assessment of the illicit finance risks
emanating from the People's Republic of China;
(3) those risks allowed, directly or indirectly, by
the Government of the People's Republic of China,
including those enabled by weak regulatory or
administrative controls of that government; and
(4) the ways in which the increasing amount of
global trade and investment by the Government of the
People's Republic of China and Chinese firms exposes
the international financial system to increased risk
relating to illicit finance.
(b) Strategy to Counter Chinese Money Laundering.--Upon the
completion of the study required under subsection (a), the
Secretary, in consultation with such other Federal agencies as
the Secretary determines appropriate, shall develop a strategy
to combat Chinese money laundering activities.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report containing--
(1) all findings and determinations made in
carrying out the study required under subsection (a);
and
(2) the strategy developed under subsection (b).
(d) Classified Annex.--The report required by subsection
(c)--
(1) shall be submitted in unclassified form; and
(2) may include a classified annex.
SEC. 6508. TREASURY AND JUSTICE STUDY ON THE EFFORTS OF AUTHORITARIAN
REGIMES TO EXPLOIT THE FINANCIAL SYSTEM OF THE
UNITED STATES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Attorney General,
in consultation with the heads of other relevant national
security, intelligence, and law enforcement agencies, shall
conduct a study that considers how authoritarian regimes in
foreign countries and their proxies use the financial system of
the United States to--
(1) conduct political influence operations;
(2) sustain kleptocratic methods of maintaining
power;
(3) export corruption;
(4) fund nongovernmental organizations, media
organizations, or academic initiatives in the United
States to advance the interests of those regimes; and
(5) otherwise undermine democratic governance in
the United States and the partners and allies of the
United States.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report that contains--
(1) the results of the study required under
subsection (a); and
(2) any recommendations for legislative or
regulatory action, or steps to be taken by United
States financial institutions, that would address
exploitation of the financial system of the United
States by foreign authoritarian regimes.
SEC. 6509. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subsection (l) of section 310, of title
31, United States Code, as redesignated by section 6103(1) of
this division, is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be
appropriated to FinCEN to carry out this section, to
remain available until expended--
``(A) $136,000,000 for fiscal year 2021;
``(B) $60,000,000 for fiscal year 2022; and
``(C) $35,000,000 for each of fiscal years
2023 through 2026.''.
(b) Beneficial Ownership Information Reporting
Requirements.--Section 5336 of title 31, United States Code, as
added by section 6403(a) of this division, is amended by adding
at the end the following:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to FinCEN for each of the 3
fiscal years beginning on the effective date of the regulations
promulgated under subsection (b)(4), such sums as may be
necessary to carry out this section, including allocating funds
to the States to pay reasonable costs relating to compliance
with the requirements of such section.''.
SEC. 6510. DISCRETIONARY SURPLUS FUNDS.
The dollar amount specified under section 7(a)(3)(A) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by
$40,000,000.
SEC. 6511. SEVERABILITY.
If any provision of this division, an amendment made by
this division, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this division, the
amendments made by this division, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Elijah E. Cummings
Coast Guard Authorization Act of 2020''.
SEC. 8002. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the
Commandant of the Coast Guard.
TITLE LVXXXI--AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.
Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
SEC. 8101. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by
striking ``year 2019'' and inserting ``years 2020 and
2021'';
(2) in paragraph (1)(A), by striking ``provided
for, $7,914,195,000 for fiscal year 2019.'' and
inserting ``provided for--
``(i) $8,151,620,850 for fiscal year 2020;
and
``(ii) $8,396,169,475 for fiscal year
2021.'';
(3) in paragraph (1)(B), by striking ``subparagraph
(A)--'' and inserting ``subparagraph (A)(i),
$17,035,000 shall be for environmental compliance and
restoration.'';
(4) by striking clauses (i) and (ii) of paragraph
(1)(B);
(5) in paragraph (1), by adding at the end the
following:
``(C) Of the amount authorized under subparagraph,
(A)(ii) $17,376,000 shall be for environmental
compliance and restoration.'';
(6) in paragraph (2)--
(A) by striking ``For the procurement'' and
inserting ``(A) For the procurement'';
(B) by striking ``and equipment,
$2,694,745,000 for fiscal year 2019.'' and
inserting ``and equipment--
``(i) $2,794,745,000 for fiscal year 2020;
and
``(ii) $3,312,114,000 for fiscal year
2021.''; and
(C) by adding at the end the following:
``(B) Of the amounts authorized under subparagraph
(A), the following amounts shall be for the alteration
of bridges:
``(i) $10,000,000 for fiscal year 2020; and
``(ii) $20,000,000 for fiscal year 2021.'';
(7) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $13,834,000 for fiscal year 2020; and
``(B) $14,111,000 for fiscal year 2021.'';
and
(8) by adding at the end the following:
``(4) For the Coast Guard's Medicare-eligible
retiree health care fund contribution to the Department
of Defense--
``(A) $205,107,000 for fiscal year 2020;
and
``(B) $209,209,000 for fiscal year 2021.''.
SEC. 8102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for
fiscal year 2018 and 44,500 for fiscal year 2019'' and
inserting ``44,500 for each of fiscal years 2020 and
2021''; and
(2) in subsection (b), by striking ``fiscal years
2018 and 2019'' and inserting ``fiscal years 2020 and
2021''.
SEC. 8103. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this division, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this division,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 8104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
NATIONAL SECURITY CUTTER.
(a) In General.--Of the amounts authorized to be
appropriated by--
(1) section 4902(2)(A)(i) of title 14, United
States Code, as amended by section 8101 of this
division, $100,000,000 for fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 8101 of this
division, $550,000,000 for fiscal year 2021,
is authorized for the acquisition of a National Security
Cutter.
(b) Treatment of Acquired Cutter.--Any cutter acquired
using amounts available pursuant to subsection (a) shall be in
addition to the National Security Cutters approved under the
existing acquisition baseline in the program of record for the
National Security Cutter.
SEC. 8105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) Funding.--Of the amounts authorized to be appropriated
by--
(1) section 4902(2)(A)(i) of title 14, United
States Code, as amended by section 8101 of this
division, $135,000,000 for fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 8101 of this
division, $610,000,000 for fiscal year 2021,
is authorized for construction of a Polar Security Cutter.
(b) Prohibition on Contracts or Use of Funds for
Development of Common Hull Design.--Notwithstanding any other
provision of law, the Secretary of the department in which the
Coast Guard is operating may not enter into any contract for,
and no funds shall be obligated or expended on, the development
of a common hull design for medium Polar Security Cutters and
Great Lakes icebreakers.
SEC. 8106. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES
ICEBREAKER.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to
the American economy, including the United States
manufacturing base, providing important economic and
national security benefits.
(2) A recent study found that the Great Lakes
shipping industry supports 237,000 jobs and tens of
billions of dollars in economic activity.
(3) United States Coast Guard icebreaking capacity
is crucial to full utilization of the Great Lakes
shipping system, as during the winter icebreaking
season up to 15 percent of annual cargo loads are
delivered, and many industries would have to reduce
their production if Coast Guard icebreaking services
were not provided.
(4) 6 of the Coast Guard's 9 icebreaking cutters in
the Great Lakes are more than 30 years old and are
frequently inoperable during the winter icebreaking
season, including those that have completed a recent
service life extension program.
(5) During the previous 10 winters, Coast Guard
Great Lakes icebreaking cutters have been inoperable
for an average of 65 cutter-days during the winter
icebreaking season, with this annual lost capability
exceeding 100 cutter days, with a high of 246 cutter
days during the winter of 2017-2018.
(6) The 2019 ice season provides further proof that
current Coast Guard icebreaking capacity is inadequate
for the needs of the Great Lakes shipping industry, as
only 6 of the 9 icebreaking cutters are operational,
and millions of tons of cargo was not loaded or was
delayed due to inadequate Coast Guard icebreaking
assets during a historically average winter for Great
Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to
acquire a new Great Lakes icebreaker as capable as
Coast Guard Cutter Mackinaw (WLBB-30), the most capable
Great Lakes icebreaker, and $10 million has been
appropriated to fund the design and initial acquisition
work for this icebreaker.
(8) The Coast Guard has not initiated a new
acquisition program for this Great Lakes icebreaker.
(b) Sense of the Congress.--It is the sense of the Congress
of the United States that a new Coast Guard icebreaker as
capable as Coast Guard Cutter Mackinaw (WLBB-30) is needed on
the Great Lakes, and the Coast Guard should acquire this
icebreaker as soon as possible.
SEC. 8107. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER.
(a) In General.--Of the amounts authorized to be
appropriated by section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 8101 of this division,
$160,000,000 for fiscal year 2021 is authorized for the
acquisition of a Great Lakes icebreaker at least as capable as
Coast Guard Cutter Mackinaw (WLBB-30).
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a plan for acquiring an
icebreaker as required by section 820(b) of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282).
SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall submit to the Committees on
Transportation and Infrastructure and Armed Services of the
House of Representatives, and the Committees on Commerce,
Science, and Transportation and Armed Services of the Senate a
report on--
(1) the extent to which specifications, key
drawings, and detail design for the Polar Security
Cutter are complete before the start of construction;
(2) the extent to which Polar Security Cutter hulls
numbers one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar
Security Cutter hull number four is science capable, as
described in the National Academies of Sciences,
Engineering, and Medicine's Committee on Polar
Icebreaker Cost Assessment letter report entitled
``Acquisition and Operation of Polar Icebreakers:
Fulfilling the Nation's Needs'' and dated July 11,
2017.
SEC. 8109. SHORESIDE INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A) of title 14, United States Code, as amended by
section 8101 of this division, for each of fiscal years 2020
and 2021, $167,500,000 is authorized for the Secretary of the
department in which the Coast Guard is operating to fund the
acquisition, construction, rebuilding, or improvement of the
Coast Guard shoreside infrastructure and facilities necessary
to support Coast Guard operations and readiness.
SEC. 8110. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A)(ii) of title 14, United States Code, as amended by
section 8101 of this division, $105,000,000 is authorized for
the hangar replacement listed in the fiscal year 2020 Unfunded
Priority List.
SEC. 8111. POLAR ICEBREAKERS.
(a) In General.--Section 561 of title 14, United States
Code, is amended to read as follows:
``Sec. 561. Icebreaking in polar regions
``(a) Procurement Authority.--
``(1) In general.--The Secretary may enter into one
or more contracts for the procurement of--
``(A) the Polar Security Cutters approved
as part of a major acquisition program as of
November 1, 2019; and
``(B) 3 additional Polar Security Cutters.
``(2) Condition for out-year contract payments.--A
contract entered into under paragraph (1) shall provide
that any obligation of the United States to make a
payment under the contract during a fiscal year after
fiscal year 2019 is subject to the availability of
appropriations or funds for that purpose for such later
fiscal year.
``(b) Planning.--The Secretary shall facilitate planning
for the design, procurement, maintenance, deployment, and
operation of icebreakers as needed to support the statutory
missions of the Coast Guard in the polar regions by allocating
all funds to support icebreaking operations in such regions,
except for recurring incremental costs associated with specific
projects, to the Coast Guard.
``(c) Reimbursement.--Nothing in this section shall
preclude the Secretary from seeking reimbursement for operation
and maintenance costs of the Polar Star, Healy, or any other
Polar Security Cutter from other Federal agencies and entities,
including foreign countries, that benefit from the use of those
vessels.
``(d) Restriction.--
``(1) In general.--The Commandant may not--
``(A) transfer, relinquish ownership of,
dismantle, or recycle the Polar Sea or Polar
Star;
``(B) change the current homeport of the
Polar Sea or Polar Star; or
``(C) expend any funds--
``(i) for any expenses directly or
indirectly associated with the
decommissioning of the Polar Sea or
Polar Star, including expenses for dock
use or other goods and services;
``(ii) for any personnel expenses
directly or indirectly associated with
the decommissioning of the Polar Sea or
Polar Star, including expenses for a
decommissioning officer;
``(iii) for any expenses associated
with a decommissioning ceremony for the
Polar Sea or Polar Star;
``(iv) to appoint a decommissioning
officer to be affiliated with the Polar
Sea or Polar Star; or
``(v) to place the Polar Sea or
Polar Star in inactive status.
``(2) Sunset.--This subsection shall cease to have
effect on September 30, 2022.
``(e) Limitation.--
``(1) In general.--The Secretary may not expend
amounts appropriated for the Coast Guard for any of
fiscal years 2015 through 2024, for--
``(A) design activities related to a
capability of a Polar Security Cutter that is
based solely on an operational requirement of a
Federal department or agency other than the
Coast Guard, except for amounts appropriated
for design activities for a fiscal year before
fiscal year 2016; or
``(B) long-lead-time materials, production,
or postdelivery activities related to such a
capability.
``(2) Other amounts.--Amounts made available to the
Secretary under an agreement with a Federal department
or agency other than the Coast Guard and expended on a
capability of a Polar Security Cutter that is based
solely on an operational requirement of such Federal
department or agency shall not be treated as amounts
expended by the Secretary for purposes of the
limitation under paragraph (1).
``(f) Enhanced Maintenance Program for the Polar Star.--
``(1) In general.--Subject to the availability of
appropriations, the Commandant shall conduct an
enhanced maintenance program on the Polar Star to
extend the service life of such vessel until at least
December 31, 2025.
``(2) Authorization of appropriations.--The
Commandant may use funds made available pursuant to
section 4902(1)(A), to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Polar sea.--The term `Polar Sea' means Coast
Guard Cutter Polar Sea (WAGB 11).
``(2) Polar star.--The term `Polar Star' means
Coast Guard Cutter Polar Star (WAGB 10).
``(3) Healy.--The term `Healy' means Coast Guard
Cutter Healy (WAGB 20).''.
(b) Contracting for Major Acquisitions Programs.--Section
1137(a) of title 14, United States Code, is amended by
inserting ``and 3 Polar Security Cutters in addition to those
approved as part of a major acquisition program on November 1,
2019'' before the period at the end.
(c) Repeals.--
(1) Coast guard and maritime transportation act of
2006.--Section 210 of the Coast Guard and Maritime
Transportation Act of 2006 (14 U.S.C. 504 note) is
repealed.
(2) Coast guard and maritime transportation act of
2012.--Section 222 of the Coast Guard and Maritime
Transportation Act of 2012 (Public Law 112-213) is
repealed.
(3) Howard coble coast guard and maritime
transportation act of 2014.--Section 505 of the Howard
Coble Coast Guard and Maritime Transportation Act of
2014 (Public Law 113-281) is repealed.
(4) Frank lobiondo coast guard authorization act of
2018.--Section 821 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is
repealed.
SEC. 8112. ACQUISITION OF FAST RESPONSE CUTTER.
(a) In General.--Of the amounts authorized to be
appropriated under section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 8101 of this division,
$265,000,000 for fiscal year 2021 shall be made available for
the acquisition of four Fast Responses Cutters.
(b) Treatment of Acquired Cutters.--Any cutter acquired
pursuant to subsection (a) shall be in addition to the 58
cutters approved under the existing acquisition baseline.
TITLE LVXXXII--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board
consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical
skills.
Sec. 8206. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and
grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 8231. Report on child care and school-age care assistance for
qualified families.
Sec. 8232. Review of family support services website and online tracking
system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Subtitle D--Reports
Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.
Sec. 8253. Physical access control system report.
Sec. 8254. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk liquefied gases as cargo
and liquefied natural gas tank vessels.
Sec. 8255. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 8260. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 9601. Strategy on leadership of Coast Guard.
Sec. 9602. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 9603. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 9604. Southern resident orca conservation and enforcement.
Sec. 9605. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
Sec. 9606. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 9607. Insider Threat Program.
Subtitle A--Military Personnel Matters
SEC. 8201. GRADE ON RETIREMENT.
(a) Retirement of Commandant or Vice Commandant.--Section
303 of title 14, United States Code, is amended by adding at
the end the following:
``(d) Retirement under this section is subject to section
2501(a) of this title.''.
(b) Retirement.--Section 306 of title 14, United States
Code, is amended--
(1) in subsection (a), by inserting
``satisfactorily, as determined under section 2501 of
this title'' before the period;
(2) in subsection (b), by inserting
``satisfactorily, as determined under section 2501 of
this title'' before the period; and
(3) in subsection (c), by inserting ``if
performance of duties in such grade is determined to
have been satisfactory pursuant to section 2501 of this
title'' before the period.
(c) Grade on Retirement.--Section 2501 of title 14, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any commissioned officer,
other than a commissioned warrant officer,''
and inserting ``Commissioned Officers.--
``(1) In general.--A commissioned officer'';
(B) by striking ``him'' and inserting ``the
commissioned officer'';
(C) by striking ``his'' and inserting ``the
commissioned officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When a
commissioned officer is under investigation for alleged
misconduct at the time of retirement--
``(A) the Secretary may conditionally
determine the highest grade of satisfactory
service of the commissioned officer pending
completion of the investigation; and
``(B) the grade under subparagraph (A) is
subject to resolution under subsection
(c)(2).'';
(2) in subsection (b)--
(A) by inserting ``Warrant Officers.--''
after ``(b)'';
(B) by striking ``him'' and inserting ``the
warrant officer''; and
(C) by striking ``his'' and inserting ``the
warrant officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Lower Grade.--
``(1) Misconduct in lower grade.--In the case of a
commissioned officer whom the Secretary determines
committed misconduct in a lower grade, the Secretary
may determine the commissioned officer has not served
satisfactorily in any grade equal to or higher than
that lower grade.
``(2) Adverse findings.--A determination of the
retired grade of a commissioned officer shall be
resolved following a conditional determination under
subsection (a)(2) if the investigation of or personnel
action against the commissioned officer results in
adverse findings.
``(3) Recalculation of retired pay.--If the retired
grade of a commissioned officer is reduced pursuant to
this subsection, the retired pay of the commissioned
officer shall be recalculated under chapter 71 of title
10, and any modification of the retired pay of the
commissioned officer shall go into effect on the
effective date of the reduction in retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) In general.--Except as provided in paragraph
(2), a determination of the retired grade of a
commissioned officer under this section is
administratively final on the day the commissioned
officer is retired, and may not be reopened.
``(2) Reopening determinations.--A determination of
the retired grade of a commissioned officer may be
reopened if--
``(A) the retirement or retired grade of
the commissioned officer was procured by fraud;
``(B) substantial evidence comes to light
after the retirement that could have led to a
lower retired grade under this section and such
evidence was not known by competent authority
at the time of retirement;
``(C) a mistake of law or calculation was
made in the determination of the retired grade;
``(D) in the case of a retired grade
following a conditional determination under
subsection (a)(2), the investigation of or
personnel action against the commissioned
officer results in adverse findings; or
``(E) the Secretary determines, under
regulations prescribed by the Secretary, that
good cause exists to reopen the determination.
``(3) Requirements.--If a determination of the
retired grade of a commissioned officer is reopened
under paragraph (2), the Secretary--
``(A) shall notify the commissioned officer
of the reopening; and
``(B) may not make an adverse determination
on the retired grade of the commissioned
officer until the commissioned officer has had
a reasonable opportunity to respond regarding
the basis of the reopening.
``(4) Recalculation of retired pay.--If the retired
grade of a commissioned officer is reduced through the
reopening of the commissioned officer's retired grade
under paragraph (2), the retired pay of the
commissioned officer shall be recalculated under
chapter 71 of title 10, and any modification of the
retired pay of the commissioned officer shall go into
effect on the effective date of the reduction in
retired grade.
``(e) Inapplicability to Commissioned Warrant Officers.--
This section, including subsection (b), shall not apply to
commissioned warrant officers.''.
SEC. 8202. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Eligibility of Officers for Consideration for
Promotion.--Section 2113 of title 14, United States Code, is
amended by adding at the end the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may
provide that an officer may, upon the officer's request and
with the approval of the Commandant, be excluded from
consideration by a selection board convened under section 2106.
``(2) The Commandant shall approve a request under
paragraph (1) only if--
``(A) the basis for the request is to allow the
officer to complete a broadening assignment, advanced
education, another assignment of significant value to
the Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section
3743 of title 14, United States Code, is amended to read as
follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a
Reserve officer is eligible for consideration for promotion and
for promotion under this subchapter if that officer is in an
active status.
``(b) Exception.--A Reserve officer who has been considered
but not recommended for retention in an active status by a
board convened under subsection 3752(a) of this title is not
eligible for consideration for promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that
an officer may, upon the officer's request and with the
approval of the Commandant, be excluded from
consideration by a selection board convened under
section 3740(b) of this title to consider officers for
promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall
approve a request under paragraph (1) only if--
``(A) the basis for the request is to allow
an officer to complete a broadening assignment,
advanced education, another assignment of
significant value to the Coast Guard, a career
progression requirement delayed by the
assignment or education, or a qualifying
personal or professional circumstance, as
determined by the Commandant;
``(B) the Commandant determines the
exclusion from consideration is in the best
interest of the Coast Guard; and
``(C) the officer has not previously failed
of selection for promotion to the grade for
which the officer requests the exclusion from
consideration.''.
SEC. 8203. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant
(junior grade), lieutenant, lieutenant commander, or commander
who is described in subsection (b) may be temporarily promoted
to the grade of lieutenant, lieutenant commander, commander, or
captain under regulations prescribed by the Secretary.
Appointments under this section shall be made by the President,
by and with the advice and consent of the Senate.
``(b) Covered Officers.--An officer described in this
subsection is any officer in a grade specified in subsection
(a) who--
``(1) has a skill in which the Coast Guard has a
critical shortage of personnel (as determined by the
Secretary); and
``(2) is serving in a position (as determined by
the Secretary) that--
``(A) is designated to be held by a
lieutenant, lieutenant commander, commander, or
captain; and
``(B) requires that an officer serving in
such position have the skill possessed by such
officer.
``(c) Preservation of Position and Status of Officers
Appointed.--
``(1) The temporary positions authorized under this
section shall not be counted among or included in the
list of positions on the active duty promotion list.
``(2) An appointment under this section does not
change the position on the active duty list or the
permanent, probationary, or acting status of the
officer so appointed, prejudice the officer in regard
to other promotions or appointments, or abridge the
rights or benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion
under this section may be made only upon the recommendation of
a board of officers convened by the Secretary for the purpose
of recommending officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is,
without formal acceptance, regarded as accepted on the date
such appointment is made, and a member so appointed is entitled
to the pay and allowances of the grade of the temporary
promotion under this section beginning on the date the
appointment is made.
``(f) Termination of Appointment.--Unless sooner
terminated, an appointment under this section terminates--
``(1) on the date the officer who received the
appointment is promoted to the permanent grade of
lieutenant, lieutenant commander, commander, or
captain;
``(2) on the date the officer is detached from a
position described in subsection (b)(2), unless the
officer is on a promotion list to the permanent grade
of lieutenant, lieutenant commander, commander, or
captain, in which case the appointment terminates on
the date the officer is promoted to that grade;
``(3) when the appointment officer determines that
the officer who received the appointment has engaged in
misconduct or has displayed substandard performance; or
``(4) when otherwise determined by the Commandant
to be in the best interests of the Coast Guard.
``(g) Limitation on Number of Eligible Positions.--An
appointment under this section may only be made for service in
a position designated by the Secretary for the purposes of this
section. The number of positions so designated may not exceed
the following percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 21 of title 14, United States Code, is amended by
adding at the end the following:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander, lieutenant.''.
SEC. 8204. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Programs Authorized.--The Commandant may carry out a
program under which members of the Coast Guard may be
inactivated from active duty in order to meet personal or
professional needs and returned to active duty at the end of
such period of inactivation from active duty.
``(b) Period of Inactivation From Active Duty; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from
active duty under a program under this section of a
member participating in the program shall be such
period as the Commandant shall specify in the agreement
of the member under subsection (c), except that such
period may not exceed 3 years.
``(2) Exclusion from years of service.--Any service
by a Reserve officer while participating in a program
under this section shall be excluded from computation
of the total years of service of that officer pursuant
to section 14706(a) of title 10.
``(3) Exclusion from retirement.--Any period of
participation of a member in a program under this
section shall not count toward--
``(A) eligibility for retirement or
transfer to the Ready Reserve under either
chapter 841 or 1223 of title 10; or
``(B) computation of retired or retainer
pay under chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who
participates in a program under this section shall enter into a
written agreement with the Commandant under which that member
shall agree as follows:
``(1) To accept an appointment or enlist, as
applicable, and serve in the Coast Guard Ready Reserve
during the period of the inactivation of the member
from active duty under the program.
``(2) To undergo during the period of the
inactivation of the member from active duty under the
program such inactive service training as the
Commandant shall require in order to ensure that the
member retains proficiency, at a level determined by
the Commandant to be sufficient, in the military
skills, professional qualifications, and physical
readiness of the member during the inactivation of the
member from active duty.
``(3) Following completion of the period of the
inactivation of the member from active duty under the
program, to serve 2 months as a member of the Coast
Guard on active duty for each month of the period of
the inactivation of the member from active duty under
the program.
``(d) Conditions of Release.--The Commandant shall
prescribe regulations specifying the guidelines regarding the
conditions of release that must be considered and addressed in
the agreement required by subsection (c). At a minimum, the
Commandant shall prescribe the procedures and standards to be
used to instruct a member on the obligations to be assumed by
the member under paragraph (2) of such subsection while the
member is released from active duty.
``(e) Order to Active Duty.--Under regulations prescribed
by the Commandant, a member of the Coast Guard participating in
a program under this section may, in the discretion of the
Commandant, be required to terminate participation in the
program and be ordered to active duty.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of
participation in a program under this section, a member
who participates in the program shall be paid basic pay
in an amount equal to two-thirtieths of the amount of
monthly basic pay to which the member would otherwise
be entitled under section 204 of title 37 as a member
of the uniformed services on active duty in the grade
and years of service of the member when the member
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who
participates in such a program shall not, while
participating in the program, be paid any
special or incentive pay or bonus to which the
member is otherwise entitled under an agreement
under chapter 5 of title 37 that is in force
when the member commences participation in the
program.
``(B) Not treated as failure to perform
services.--The inactivation from active duty of
a member participating in a program shall not
be treated as a failure of the member to
perform any period of service required of the
member in connection with an agreement for a
special or incentive pay or bonus under chapter
5 of title 37 that is in force when the member
commences participation in the program.
``(3) Return to active duty.--
``(A) Special or incentive pay or bonus.--
Subject to subparagraph (B), upon the return of
a member to active duty after completion by the
member of participation in a program--
``(i) any agreement entered into by
the member under chapter 5 of title 37
for the payment of a special or
incentive pay or bonus that was in
force when the member commenced
participation in the program shall be
revived, with the term of such
agreement after revival being the
period of the agreement remaining to
run when the member commenced
participation in the program; and
``(ii) any special or incentive pay
or bonus shall be payable to the member
in accordance with the terms of the
agreement concerned for the term
specified in clause (i).
``(B) Limitation.--
``(i) In general.--Subparagraph (A)
shall not apply to any special or
incentive pay or bonus otherwise
covered by such subparagraph with
respect to a member if, at the time of
the return of the member to active duty
as described in that subparagraph--
``(I) such pay or bonus is
no longer authorized by law; or
``(II) the member does not
satisfy eligibility criteria
for such pay or bonus as in
effect at the time of the
return of the member to active
duty.
``(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall
cease to apply to any special or
incentive pay or bonus otherwise
covered by such subparagraph with
respect to a member if, during the term
of the revived agreement of the member
under subparagraph (A)(i), such pay or
bonus ceases being authorized by law.
``(C) Repayment.--A member who is
ineligible for payment of a special or
incentive pay or bonus otherwise covered by
this paragraph by reason of subparagraph
(B)(i)(II) shall be subject to the requirements
for repayment of such pay or bonus in
accordance with the terms of the applicable
agreement of the member under chapter 5 of
title 37.
``(D) Required service is additional.--Any
service required of a member under an agreement
covered by this paragraph after the member
returns to active duty as described in
subparagraph (A) shall be in addition to any
service required of the member under an
agreement under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph
(B), a member who participates in a program is
entitled, while participating in the program,
to the travel and transportation allowances
authorized by section 474 of title 37 for--
``(i) travel performed from the
residence of the member, at the time of
release from active duty to participate
in the program, to the location in the
United States designated by the member
as the member's residence during the
period of participation in the program;
and
``(ii) travel performed to the
residence of the member upon return to
active duty at the end of the
participation of the member in the
program.
``(B) Single residence.--An allowance is
payable under this paragraph only with respect
to travel of a member to and from a single
residence.
``(5) Leave balance.--A member who participates in
a program is entitled to carry forward the leave
balance existing as of the day on which the member
begins participation and accumulated in accordance with
section 701 of title 10, but not to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) In general.--An officer participating
in a program under this section shall not,
while participating in the program, be eligible
for consideration for promotion under chapter
21 or 37 of this title.
``(B) Return to duty.--Upon the return of
an officer to active duty after completion by
the officer of participation in a program--
``(i) the Commandant may adjust the
date of rank of the officer in such
manner as the Commandant may prescribe
in regulations for purposes of this
section; and
``(ii) the officer shall be
eligible for consideration for
promotion when officers of the same
grade and seniority are eligible for
consideration for promotion.
``(2) Enlisted members.--An enlisted member
participating in a program under this section shall not
be eligible for consideration for advancement during
the period that--
``(A) begins on the date of the
inactivation of the member from active duty
under the program; and
``(B) ends at such time after the return of
the member to active duty under the program
that the member is treatable as eligible for
promotion by reason of time in grade and such
other requirements as the Commandant shall
prescribe in regulations for purposes of the
program.
``(h) Continued Entitlements.--A member participating in a
program under this section shall, while participating in the
program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of--
``(1) the entitlement of the member and of the
dependents of the member to medical and dental care
under the provisions of chapter 55 of title 10; and
``(2) retirement or separation for physical
disability under the provisions of chapter 61 of title
10 and chapters 21 and 23 of this title.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 25 of title 14, United States Code, is amended by
adding at the end the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 8205. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL
SKILLS.
(a) In General.--Subchapter II of chapter 37 of title 14,
United States Code, is amended by inserting after section 3738
the following:
``Sec. 3738a. Direct commissioning authority for individuals with
critical skills
``An individual with critical skills that the Commandant
considers necessary for the Coast Guard to complete its
missions who is not currently serving as an officer in the
Coast Guard may be commissioned into the Coast Guard at a grade
up to and including commander.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 37 of title 14, United States Code, is amended by
inserting after the item relating to section 3738 the
following:
``3738a. Direct commissioning authority for individuals with critical
skills.''.
(c) Technical Amendment.--The heading for the first chapter
of subtitle III of title 14, United States Code, is amended by
striking ``CHAPTER 1'' and inserting ``CHAPTER 37''.
SEC. 8206. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10, the
Secretary shall--
``(1) establish a database to record all training
performed by members of the Coast Guard that may have
application to employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential
employers referred to in section 1143(c) of title 10 so
that States and other potential employers may allow
military training to satisfy licensing or certification
requirements to engage in a civilian profession.
``(b) Form of Certification or Verification.--The Secretary
shall ensure that a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10 is
rendered in such a way that States and other potential
employers can confirm the accuracy and authenticity of the
certification or verification.
``(c) Requests by States.--A State may request that the
Secretary confirm the accuracy and authenticity of a
certification or verification of job skills and experience
provided under section 1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such subchapter
is amended by adding at the end the following:
``2713. Employment assistance.''.
Subtitle B--Organization and Management Matters
SEC. 8211. CONGRESSIONAL AFFAIRS; DIRECTOR.
(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 321. Congressional affairs; Director
``The Commandant shall appoint a Director of Congressional
Affairs from among officers of the Coast Guard who are in a
grade above captain. The Director of Congressional Affairs is
separate and distinct from the Director of Governmental and
Public Affairs for the Coast Guard and is the principal advisor
to the Commandant on all congressional and legislative matters
for the Coast Guard and may have such additional functions as
the Commandant may direct.''.
(b) Clerical Amendment.--The analysis for chapter 3 of
title 14, United States Code, is amended by adding at the end
the following:
``321. Congressional affairs; Director.''.
SEC. 8212. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims.--Section 937(a) of title 14, United
States Code, is amended by striking ``$100,000'' and inserting
``$425,000''.
(b) Claims for Damage to Property of the United States.--
Section 938 of title 14, United States Code, is amended by
striking ``$100,000'' and inserting ``$425,000''.
SEC. 8213. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Section 219 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213; 10 U.S.C. 1293 note) is
amended--
(1) in the matter preceding paragraph (1), by
striking ``For fiscal years 2013 through 2018'' and
inserting ``For fiscal years 2019 through 2025''; and
(2) in paragraph (1), by striking ``subsection
(c)(2)(A)'' and inserting ``subsection (c)(1)''.
SEC. 8214. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS.
Section 5103(e)(3) of title 14, United States Code, is
amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the
following:
``(B) operate and sustain the cutters and
aircraft described in paragraph (2);''.
SEC. 8215. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.
(a) Action Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant
shall--
(A) determine which recommendations in the
RAND gender diversity report can practicably be
implemented to promote gender diversity in the
Coast Guard; and
(B) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report on the actions the Coast Guard
has taken, or plans to take, to implement such
recommendations.
(2) Curriculum and training.--The Commandant shall
update curriculum and training materials used at--
(A) officer accession points, including the
Coast Guard Academy and the Leadership
Development Center;
(B) enlisted member accession at the United
States Coast Guard Training Center Cape May in
Cape May, New Jersey; and
(C) the officer, enlisted member, and
civilian leadership courses managed by the
Leadership Development Center.
Such updates shall reflect actions the Coast Guard has
taken, or plans to take, to carry out the
recommendations of the RAND gender diversity report.
(3) Definition.--In this subsection, the term
``RAND gender diversity report'' means the RAND
Corporation's Homeland Security Operational Analysis
Center 2019 report entitled ``Improving Gender
Diversity in the U.S. Coast Guard: Identifying Barriers
to Female Retention''.
(b) Advisory Board on Women at the Coast Guard Academy.--
Chapter 19 of title 14, United States Code, is amended--
(1) by redesignating section 1904 as section 1906;
(2) by inserting after section 1903 the following:
``Sec. 1904. Advisory Board on Women at the Coast Guard Academy
``(a) In General.--The Superintendent of the Academy shall
establish at the Coast Guard Academy an advisory board to be
known as the Advisory Board on Women at the Coast Guard Academy
(referred to in this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of
not fewer than 12 current cadets of the Coast Guard Academy,
including not fewer than 3 cadets from each current class.
``(c) Appointment; Term.--Cadets shall serve on the
Advisory Board pursuant to appointment by the Superintendent of
the Academy. Appointments shall be made not later than 60 days
after the date of the swearing in of a new class of cadets at
the Academy. The term of membership of a cadet on the Advisory
Board shall be 1 academic year.
``(d) Reappointment.--The Superintendent of the Academy may
reappoint not more than 6 cadets from the previous term to
serve on the Advisory Board for an additional academic year if
the Superintendent of the Academy determines such reappointment
to be in the best interests of the Coast Guard Academy.
``(e) Meetings.--The Advisory Board shall meet with the
Commandant at least once each academic year on the activities
of the Advisory Board. The Advisory Board shall meet in person
with the Superintendent of the Academy not less than twice each
academic year on the duties of the Advisory Board.
``(f) Duties.--The Advisory Board shall identify
opportunities and challenges facing cadets at the Academy who
are women, including an assessment of culture, leadership
development, and access to health care of cadets at the Academy
who are women.
``(g) Working Groups.--The Advisory Board may establish one
or more working groups to assist the Advisory Board in carrying
out its duties, including working groups composed in part of
cadets at the Academy who are not current members of the
Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall
regularly provide the Commandant and the Superintendent reports
and briefings on the results of its duties, including
recommendations for actions to be taken in light of such
results. Such reports and briefings may be provided in writing,
in person, or both.''; and
(3) by amending the analysis for such chapter--
(A) by amending the item relating to
section 1904 to read as follows:
``1904. Advisory Board on Women at the Coast Guard Academy.''; and
(B) by adding at the end the following:
``1906. Participation in Federal, State, or other educational research
grants.''.
(c) Advisory Board on Women in the Coast Guard.--Chapter 25
of title 14, United States Code, is amended--
(1) by redesignating subchapter II as subchapter
III;
(2) by inserting after subchapter I the following:
``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD
``Sec. 2521. Advisory Board on Women in the Coast Guard
``(a) In General.--The Commandant shall establish within
the Coast Guard an Advisory Board on Women in the Coast Guard.
``(b) Membership.--The Advisory Board established under
subsection (a) shall be composed of such number of members as
the Commandant considers appropriate, selected by the
Commandant through a public selection process from among
applicants for membership on the Board. The members of the
Board shall, to the extent practicable, represent the diversity
of the Coast Guard. The members of the Committee shall include
an equal number of each of the following:
``(1) Active duty officers of the Coast Guard.
``(2) Active duty enlisted members of the Coast
Guard.
``(3) Members of the Coast Guard Reserve.
``(4) Retired members of the Coast Guard.
``(c) Duties.--The Advisory Board established under
subsection (a)--
``(1) shall advise the Commandant on improvements
to the recruitment, retention, wellbeing, and success
of women serving in the Coast Guard and attending the
Coast Guard Academy, including recommendations for the
report on gender diversity in the Coast Guard required
by section 5109 of chapter 51 of title 14;
``(2) may submit to the Commandant recommendations
in connection with its duties under this subsection,
including recommendations to implement the advice
described in paragraph (1); and
``(3) may brief Congress on its duties under this
subsection, including the advice described in paragraph
(1) and any recommendations described in paragraph
(2).''; and
(3) by amending the analysis for such chapter by
striking the items relating to subchapter II and
inserting the following:
``subchapter ii--advisory board on women in the coast guard
``2521. Advisory Board on Women in the Coast Guard.
``subchapter iii--lighthouse service
``2531. Personnel of former Lighthouse Service.''.
(d) Recurring Report.--
(1) In general.--Chapter 51 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 5109. Report on gender diversity in the Coast Guard
``(a) In General.--Not later than January 15, 2022, and
biennially thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on gender diversity in
the Coast Guard.
``(b) Contents.--The report required under subsection (a)
shall contain the following:
``(1) Gender diversity overview.--An overview of
Coast Guard active duty and reserve members, including
the number of officers and enlisted members and the
percentages of men and women in each.
``(2) Recruitment and retention.--
``(A) An analysis of the changes in the
recruitment and retention of women over the
previous 2 years.
``(B) A discussion of any changes to Coast
Guard recruitment and retention over the
previous 2 years that were aimed at increasing
the recruitment and retention of female
members.
``(3) Parental leave.--
``(A) The number of men and women who took
parental leave during each year covered by the
report, including the average length of such
leave periods.
``(B) A discussion of the ways in which the
Coast Guard worked to mitigate the impacts of
parental leave on Coast Guard operations and on
the careers of the members taking such leave.
``(4) Limitations.--An analysis of current gender-
based limitations on Coast Guard career opportunities,
including discussion of--
``(A) shipboard opportunities;
``(B) opportunities to serve at remote
units; and
``(C) any other limitations on the
opportunities of female members.
``(5) Progress update.--An update on the Coast
Guard's progress on the implementation of the action
plan required under subsection (a) of section 8215 of
the Elijah E. Cummings Coast Guard Authorization Act of
2020.''.
(2) Clerical amendment.--The analysis for chapter
51 of title 14, United States Code, is amended by
adding at the end the following:
``5109. Report on gender diversity in the Coast Guard.''.
SEC. 8216. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``date'' and inserting
``later of the date of the conveyance of the
properties directed under section 533(a) of the
Coast Guard Authorization Act of 2016 (Public
Law 114-120) or the date''; and
(B) by striking ``determination by the
Secretary'' and inserting ``determination by
the Secretary of Transportation under section
312(d) of title 49''; and
(2) in subsection (c), by striking paragraph (2)
and inserting the following:
``(2) Availability of proceeds.--The proceeds of
such sales, less the costs of sale incurred by the
General Services Administration, shall be deposited
into the Coast Guard Housing Fund for uses authorized
under section 2946 of this title.''.
SEC. 8217. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
Section 2103(c)(3) of title 14, United States Code, is
amended by striking ``rear admiral (lower half)'' and inserting
``vice admiral''.
SEC. 8218. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 719. Research projects; transactions other than contracts and
grants
``(a) Additional Forms of Transactions Authorized.--
``(1) In general.--The Commandant may enter into--
``(A) transactions (other than contracts,
cooperative agreements, and grants) in carrying
out basic, applied, and advanced research
projects; and
``(B) agreements with the Director of the
Defense Advanced Research Projects Agency, the
Secretary of a military department, or any
other official designated by the Secretary of
Defense under section 2371b of title 10 to
participate in prototype projects and follow-on
production contracts or transactions that are
being carried out by such official and are
directly relevant to the Coast Guard's cyber
capability and Command, Control,
Communications, Computers, and intelligence
initiatives.
``(2) Additional authority.--The authority under
this subsection is in addition to the authority
provided in section 717 to use contracts, cooperative
agreements, and grants in carrying out such projects.
``(3) Funding.--In carrying out paragraph (1)(B),
the Commandant may use funds made available to the
extent provided in advance in appropriations Acts for--
``(A) operations and support;
``(B) research, development, test, and
evaluation; and
``(C) procurement, construction, and
improvement.
``(b) Recovery of Funds.--
``(1) In general.--Subject to subsection (d), a
cooperative agreement for performance of basic,
applied, or advanced research authorized by section
717, and a transaction authorized by subsection (a),
may include a clause that requires a person or other
entity to make payments to the Coast Guard or any other
department or agency of the Federal Government as a
condition for receiving support under the agreement or
transaction, respectively.
``(2) Availability of funds.--The amount of any
payment received by the Federal Government pursuant to
a requirement imposed under paragraph (1) shall be
deposited in the general fund of the Treasury. Amounts
so deposited shall be available for the purposes of
carrying out this section, to the extent provided in
advance in appropriations Acts.
``(c) Conditions.--
``(1) In general.--The Commandant shall ensure that
to the extent that the Commandant determines
practicable, no cooperative agreement containing a
clause described in subsection (c)(1), and no
transaction entered into under subsection (a), provides
for research that duplicates research being conducted
under existing programs carried out by the Coast Guard.
``(2) Other agreements not feasible.--A cooperative
agreement containing a clause described in subsection
(c)(1), or under a transaction authorized by subsection
(a), may be used for a research project only if the use
of a standard contract, grant, or cooperative agreement
for such project is not feasible or appropriate.
``(d) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and
contracting personnel of the Coast Guard involved in
the award or administration of transactions under this
section or other innovative forms of contracting are
afforded opportunities for adequate education and
training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.
``(e) Protection of Certain Information From Disclosure.--
``(1) In general.--Disclosure of information
described in paragraph (2) is not required, and may not
be compelled, under section 552 of title 5 for 5 years
after the date on which the information is received by
the Coast Guard.
``(2) Limitation.--
``(A) In general.--Paragraph (1) applies to
information described in subparagraph (B) that
is in the records of the Coast Guard only if
the information was submitted to the Coast
Guard in a competitive or noncompetitive
process having the potential for resulting in
an award, to the party submitting the
information, of a cooperative agreement for
performance of basic, applied, or advanced
research authorized by section 717 or another
transaction authorized by subsection (a).
``(B) Information described.--The
information referred to in subparagraph (A) is
the following:
``(i) A proposal, proposal
abstract, and supporting documents.
``(ii) A business plan submitted on
a confidential basis.
``(iii) Technical information
submitted on a confidential basis.
``(f) Regulations.--The Commandant shall prescribe
regulations, as necessary, to carry out this section.
``(g) Annual Report.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of title
31, the Commandant shall submit to the Committees on
Appropriations and Transportation and Infrastructure of the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
report describing each use of the authority provided under this
section during the most recently completed fiscal year,
including details of each use consisting of--
``(1) the amount of each transaction;
``(2) the entities or organizations involved;
``(3) the product or service received;
``(4) the research project for which the product or
service was required; and
``(5) the extent of the cost sharing among Federal
Government and non-Federal sources.''.
(b) Clerical Amendment.--The analysis for chapter 7 of
title 14, United States Code, is amended by adding at the end
the following:
``719. Research projects; transactions other than contracts and
grants.''.
SEC. 8219. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Subchapter I of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304
of title 5, the Commandant may--
``(A) designate any category of acquisition
positions within the Coast Guard as shortage
category positions; and
``(B) use the authorities in such section
to recruit and appoint highly qualified persons
directly to positions so designated.
``(2) Reports.--The Commandant shall include in
reports under section 1102 information described in
such section regarding positions designated under this
subsection.
``(b) Reemployment Authority.--
``(1) In general.--Except as provided in paragraph
(2), if an annuitant receiving an annuity from the
Civil Service Retirement and Disability Fund becomes
employed in any category of acquisition positions
designated by the Commandant under subsection (a), the
annuity of the annuitant so employed shall continue.
The annuitant so reemployed shall not be considered an
employee for purposes of subchapter III of chapter 83
or chapter 84 of title 5.
``(2)(A) Election.--An annuitant retired under
section 8336(d)(1) or 8414(b)(1)(A) of title 5,
receiving an annuity from the Civil Service Retirement
and Disability Fund, who becomes employed in any
category of acquisition positions designated by the
Commandant under subsection (a) after the date of the
enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, may elect to be subject to
section 8344 or 8468 of such title (as the case may
be).
``(i) Deadline.--An election for coverage
under this subsection shall be filed not later
than 90 days after the Commandant takes
reasonable actions to notify an employee who
may file an election.
``(ii) Coverage.--If an employee files an
election under this subsection, coverage shall
be effective beginning on the first day of the
first applicable pay period beginning on or
after the date of the filing of the election.
``(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
subparagraph (A) and does not file a timely election
under clause (i) of such subparagraph.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 11 of title 14, United States Code, is amended by
adding at the end the following:
``1111. Acquisition workforce authorities.''.
(c) Repeal of Superseded Authority.--Section 404 of the
Coast Guard Authorization Act of 2010 (Public Law 111-281) is
repealed.
SEC. 8220. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS.
(a) In General.--Notwithstanding any provision of the Small
Business Act (15 U.S.C. 631 et seq.) and any regulation or
policy implementing such Act, the Commandant may use full and
open competitive procedures, as prescribed in section 2304 of
title 10, United States Code, to acquire maintenance and repair
services for vessels with a homeport in Coast Guard District
17.
(b) Applicability.--Subsection (a) shall apply only if
there are not at least 2 qualified small businesses located in
Coast Guard District 17 that are able and available to provide
the services described in such subsection.
(c) Limitation.--The full and open competitive procedures
described in subsection (a) may only be used to acquire such
services from a business located in Coast Guard District 17
that is able and available to provide such services.
SEC. 8221. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES.
(a) Extraordinary Relief.--
(1) In general.--Subchapter III of chapter 11 of
title 14, United States Code, is amended by adding at
the end the following:
``Sec. 1157. Extraordinary relief
``(a) In General.--With respect to any prime contracting
entity receiving extraordinary relief pursuant to the Act
entitled `An Act to authorize the making, amendment, and
modification of contracts to facilitate the national defense',
approved August 28, 1958 (Public Law 85-804; 50 U.S.C. 1432 et
seq.) for a major acquisition, the Secretary shall not consider
any further request by the prime contracting entity for
extraordinary relief under such Act for such major acquisition.
``(b) Inapplicability to Subcontractors.--The limitation
under subsection (a) shall not apply to subcontractors of a
prime contracting entity.
``(c) Quarterly Report.--Not less frequently than quarterly
during each fiscal year in which extraordinary relief is
approved or provided to an entity under the Act referred to in
subsection (a) for the acquisition of Offshore Patrol Cutters,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes in detail such relief
and the compliance of the entity with the oversight measures
required as a condition of receiving such relief.''.
(3) Analysis for chapter 11.--The analysis for
chapter 11 of title 14, United States Code, is amended
by inserting after the item relating to section 1156
the following:
``1157. Extraordinary relief.''.
(b) Notice to Congress With Respect to Breach of
Contract.--Section 1135 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Notice to Congress With Respect to Breach of
Contract.--Not later than 48 hours after the Commandant becomes
aware that a major acquisition contract cannot be carried out
under the terms specified in the contract, the Commandant shall
provide a written notification to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
``(1) a description of the terms of the contract
that cannot be met; and
``(2) an assessment of whether the applicable
contract officer has issued a cease and desist order to
the contractor based on the breach of such terms of the
contract.''.
SEC. 8222. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.
Section 1461(a) of title 10, United States Code, is amended
by inserting ``and the Coast Guard'' after ``liabilities of the
Department of Defense''.
SEC. 8223. PAYMENTS FROM FUND.
Section 1463(a) of title 10, United States Code, is
amended--
(1) in paragraph (1) by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Coast
Guard'';
(2) in paragraph (2) by striking ``(other than
retired pay payable by the Secretary of Homeland
Security)''; and
(3) in paragraph (4) by inserting ``and the
Department of Homeland Security that'' after
``Department of Defense''.
SEC. 8224. DETERMINATION OF CONTRIBUTIONS TO FUND.
Section 1465 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Not'' and inserting
the following:
``(a)(1) Not''; and
(B) by adding at the end the following:
``(2) Not later than October 1, 2022, the Board of
Actuaries shall determine the amount that is the present value
(as of September 30, 2022) of future benefits payable from the
Fund that are attributable to service in the Coast Guard
performed before October 1, 2022. That amount is the original
Coast Guard unfunded liability of the Fund. The Board shall
determine the period of time over which the original Coast
Guard unfunded liability should be liquidated and shall
determine an amortization schedule for the liquidation of such
liability over that period. Contributions to the Fund for the
liquidation of the original Coast Guard unfunded liability in
accordance with such schedule shall be made as provided in
section 1466(b) of this title.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A)--
(I) by inserting ``, in
consultation with the Secretary
of the department in which the
Coast Guard is operating,''
after ``Secretary of Defense''
; and
(II) by inserting ``and
Coast Guard'' after
``Department of Defense'';
(ii) in subparagraph (A)(ii) by
striking ``(other than the Coast
Guard)'' and inserting ``members of the
Armed Forces''; and
(iii) in subparagraph (B)(ii) by
striking ``(other than the Coast
Guard)'';
(B) in paragraph (2) by inserting ``the
Coast Guard Retired Pay account and the'' after
``appropriated to''; and
(C) in paragraph (3) by inserting ``and
Coast Guard'' after ``Department of Defense'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of
Defense'';
(ii) in subparagraph (A) by
striking ``(other than the Coast
Guard)'' and inserting ``members of the
Armed Forces'';
(iii) in subparagraph (B) by
striking ``(other than the Coast
Guard)'';
(B) in paragraph (2) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(C) in paragraph (3) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(4) in subsection (e) by striking ``Secretary of
Defense shall'' and inserting ``Secretary of Defense
and, with regard to the Coast Guard, the Secretary of
the department in which the Coast Guard is operating''.
SEC. 8225. PAYMENTS INTO FUND.
Section 1466 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Secretary of
Defense shall'' and inserting
``Secretary of Defense and the
Secretary of the department in which
the Coast Guard is operating, with
respect to the Coast guard, shall'';
and
(ii) by striking ``each month as
the Department of Defense
contribution'' and inserting ``each
month the respective pro rata share
contribution of the Secretary of
Defense and the Secretary of the
department in which the Coast Guard is
operating''; and
(B) in paragraph (2)(B) by striking
``(other than the Coast Guard)''; and
(C) by striking the flush language
following paragraph (2)(B) and inserting the
following new subsection:
``(b) Amounts paid into the Fund under this subsection
shall be paid from funds available for as appropriate--
``(1) the pay of members of the armed forces under
the jurisdiction of the Secretary of a military
department; or
``(2) the Retired Pay appropriation for the Coast
Guard.'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) in subsection (c) (as so redesignated)--
(A) in paragraph (2)(A) by striking
``liability of the Fund.'' and inserting
``liabilities of the Fund for the Department of
Defense and the Coast Guard.''; and
(B) in paragraph (3) by inserting ``and the
Secretary of the Department in which the Coast
Guard is operating'' before ``shall promptly''.
Subtitle C--Access to Child Care for Coast Guard Families
SEC. 8231. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR
QUALIFIED FAMILIES.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on child care and school-age care
options available to qualified families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Financial assistance.--
(A) An assessment of--
(i) the subsidies and financial
assistance for child care and school-
age care made available by the Coast
Guard to qualified families; and
(ii) the extent to which qualified
families have taken advantage of such
subsidies and assistance.
(B) The average number of days between--
(i) the date on which an
application for a subsidy or other
financial assistance for child care or
school-age care is submitted by a
qualified family; and
(ii) upon approval of an
application, the date on which such
subsidy or assistance is received by
the qualified family.
(C) Recommendations for streamlining the
payment of such subsidies and financial
assistance.
(D) The amount of funding allocated to such
subsidies and financial assistance.
(E) The remaining costs for child care or
school-age care to qualified families that are
not covered by the Coast Guard.
(F) A description of barriers to access to
such subsidies and financial assistance.
(G) The number of qualified families that
do not receive any such subsidies or financial
assistance.
(2) Regulation of child care services.--
(A) An assessment of--
(i) the regulations of States with
respect to child care services (such as
staffing, space and furnishings,
safety, curriculum requirements, and
allowable care hours); and
(ii) the effect that differences in
such regulations may have on access to
child care for qualified families.
(B) An assessment of--
(i) the regulations of the Coast
Guard and the Department of Defense
with respect to child development
centers and other child care providers
(including school-age care providers),
and a comparison of such regulations
with similar State regulations; and
(ii) the effect that such
regulations may have on access to child
care and school-age care for qualified
families.
(C) The number of qualified families, and
children, that do not have access to a Coast
Guard child development center for child care.
(3) Parity with department of defense.--The
differences between child care and school-age care
services offered by the Coast Guard and child care and
school-age care authorities of the Coast Guard and the
Department of Defense relating to the following:
(A) Authorized uses of appropriated funds
for child care and school-age care services.
(B) Access to, and total capacity of, Coast
Guard child development centers and Department
of Defense child development centers.
(C) Child care and school-age care programs
or policy.
(D) Coast Guard and Department of Defense
programs to provide additional assistance to
members and civilian employees with respect to
child care and school-age care options.
(E) Respite care programs.
(F) Nonappropriated funds.
(G) Coast Guard family child care centers.
(H) Coast Guard and Department of Defense
publicly available online resources for
families seeking military child care and
school-age care.
(4) Feasibility.--An analysis of the feasibility of
the Commandant entering into agreements with private
child care and school-age care service providers to
provide child care and school-age care for qualified
families.
(5) Availability.--An analysis of the availability
of child care and school-age care for qualified
families, including accessibility after normal work
hours, proximity, and total capacity.
(6) Recommendations.--Recommendations--
(A) to improve access to child care and
school-age care for qualified families;
(B) to ensure parity between the Coast
Guard and the Department of Defense with
respect to child care and school-age care;
(C) to expand access to child care and
school-age care for all qualified families,
including qualified families that have a child
with special needs; and
(D) to ensure that regional child care and
child development center needs at the unit,
sector, or district level are identified,
assessed, and reasonably evaluated by the
Commandant for future infrastructure needs.
(7) Other matters.--A description or analysis of
any other matter the Comptroller General considers
relevant to the improvement of expanded access to child
care and school-age care for qualified families.
SEC. 8232. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE
TRACKING SYSTEM.
(a) Memorandum of Understanding.--
(1) In general.--The Commandant shall enter into a
memorandum of understanding with the Secretary of
Defense to enable qualified families to access the
website at https://militarychildcare.com (or a
successor website) for purposes of Coast Guard family
access to information with respect to State-accredited
child development centers and other child care support
services as such services become available from the
Department of Defense through such website. The
memorandum shall provide for the expansion of the
geographical areas covered by such website, including
regions in which qualified families live that are not
yet covered by the program.
(2) Inclusion of child development centers
accessible under pilot program.--The information
accessible pursuant to the memorandum of understanding
required by paragraph (1) shall include information
with respect to any child development center accessible
pursuant to the pilot program under section 8234.
(3) Electronic registration, payment, and tracking
system.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall develop and
maintain an internet website of the Coast Guard
accessible to qualified families to carry out the
following activities:
(A) Register children for a Coast Guard
child development center.
(B) Make online child care payments to a
Coast Guard child development center.
(C) Track the status of a child on the wait
list of a Coast Guard child development center,
including the placement and position of the
child on the wait list.
(b) Wait List.--
(1) In general.--The Commandant shall maintain a
record of the wait list for each Coast Guard child
development center.
(2) Matters to be included.--Each record under
paragraph (1) shall include the following:
(A) The total number of children of
qualified families on the wait list.
(B) With respect to each child on the wait
list--
(i) the age of the child;
(ii) the number of days the child
has been on the wait list;
(iii) the position of the child on
the wait list;
(iv) any special needs
consideration; and
(v) information on whether a
sibling of the child is on the wait
list of, or currently enrolled in, the
Coast Guard child development center
concerned.
(3) Requirement to archive.--Information placed in
the record of a Coast Guard child development center
under paragraph (1) shall be archived for a period of
not less than 10 years after the date of its placement
in the record.
SEC. 8233. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.
(a) Study.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, and for each of the
2 fiscal years thereafter, the Commandant shall conduct
a study on the child care needs of qualified families
that incorporates--
(A) the results of the survey under
subsection (b); and
(B) any other information the Commandant
considers appropriate to ensure adequate
tracking and future needs-based assessments
with respect to adequate access to Coast Guard
child development centers.
(2) Consultation.--In conducting a study under
paragraph (1), the Commandant may consult a federally
funded research and development center.
(3) Scope of data.--The data obtained through each
study under paragraph (1) shall be obtained on a
regional basis, including by Coast Guard unit, sector,
and district.
(b) Survey.--
(1) In general.--Together with each study under
subsection (a), and annually as the Commandant
considers appropriate, the Commandant shall carry out a
survey of individuals described in paragraph (2) on
access to Coast Guard child development centers.
(2) Participants.--
(A) In general.--The Commandant shall seek
the participation in the survey of the
following Coast Guard individuals:
(i) Commanding officers, regardless
of whether the commanding officers have
children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals
described in clauses (i) and (ii).
(B) Scope of participation.--Individuals
described in clauses (i) through (iii) of
subparagraph (A) shall be surveyed regardless
of whether such individuals use or have access
to Coast Guard child development centers or
other Federal child care facilities.
(C) Voluntary participation.--Participation
of any individual described in subparagraph (A)
in a survey shall be on a voluntary basis.
(c) Availability.--On request, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the results of
any study or survey under this section.
SEC. 8234. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.
(a) In General.--Commencing not later than 60 days after
the date on which the report under section 8231 is submitted,
the Commandant shall carry out a pilot program, based on the
recommendations provided in such report, to expand access to
public or private child development centers for qualified
families.
(b) Duration.--The duration of the pilot program under
subsection (a) shall be not more than 3 years beginning on the
date on which the pilot program is established.
(c) Discharge on District Basis.--The Commandant--
(1) may carry out the pilot program on a district
basis; and
(2) shall include in the pilot program remote and
urban locations.
(d) Reservation of Child Care Slots.--As part of the pilot
program, the Commandant shall seek to enter into one or more
memoranda of understanding with one or more child development
centers to reserve slots for qualified families in locations in
which--
(1) the Coast Guard lacks a Coast Guard child
development center; or
(2) the wait lists for the nearest Coast Guard
child development center or Department of Defense child
development center, where applicable, indicate that
qualified families may not be accommodated.
(e) Annual Assessment of Results.--As part of any study
conducted pursuant to section 8233(a) after the end of the 1-
year period beginning with the commencement of the pilot
program, the Commandant shall also undertake a current
assessment of the impact of the pilot program on access to
child development centers for qualified families. The
Commandant shall include the results of any such assessment in
the results of the most current study or survey submitted
pursuant to section 8233(a).
SEC. 8235. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.
Section 2922(b) of title 14, United States Code, is amended
by adding at the end the following:
``(4) To the maximum extent practicable, the
Commandant shall ensure that, in a location in which
Coast Guard family child care centers (as such term is
defined in section 8239 of the Elijah E. Cummings Coast
Guard Authorization Act of 2020) are necessary to meet
the demand for child care for qualified families (as
such term is defined in such section), not fewer than
two housing units are maintained in accordance with
safety inspection standards so as to accommodate family
child care providers.''.
SEC. 8236. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on the feasibility of
developing a policy to allow the transfer of a Coast Guard-
mandated family child care provider qualification or
certification between Coast Guard-owned housing units if, as
determined by the Commandant--
(1) the qualification or certification is not
expired;
(2) the transfer of the qualification or
certification would not pose a danger to any child in
the care of the family child care provider; and
(3) the transfer would expedite the ability of the
family child care provider to establish, administer,
and provide family home daycare in a Coast Guard-owned
housing unit.
(b) Briefing Element.--The briefing required by subsection
(a) shall include analysis of options for transferring a Coast
Guard-mandated family child care provider qualification or
certification as described in that subsection, and of any legal
challenges associated with such transfer.
(c) Rule of Construction.--The policy under subsection (a)
shall not be construed to supersede any other applicable
Federal, State, or local law (including regulations) relating
to the provision of child care services.
SEC. 8237. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND
FAMILY CHILD CARE PROVIDERS.
(a) Inspections.--Section 2923 of title 14, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Inspections.--
``(1) In general.--Not less than twice annually,
the Commandant shall ensure that each Coast Guard child
development center is subject to an unannounced
inspection.
``(2) Responsibility for inspections.--Of the
biannual inspections under paragraph (1)--
``(A) 1 shall be carried out by a
representative of the Coast Guard installation
served by the Coast Guard child development
center concerned; and
``(B) 1 shall be carried out by a
representative of the Coast Guard child
development services work-life programs.''.
(b) Family Child Care Providers.--
(1) In general.--Chapter 29 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 2926. Family child care providers
``(a) In General.--Not less frequently than quarterly, the
Commandant shall ensure that each family child care provider is
subject to inspection.
``(b) Responsibility for Inspections.--Of the quarterly
inspections under subsection (a) each year--
``(1) 3 inspections shall be carried out by a
representative of the Coast Guard installation served
by the family child care provider concerned; and
``(2) 1 inspection shall be carried out by a
representative of the Coast Guard child development
services work-life programs.''.
(2) Clerical amendment.--The analysis for chapter
29 of title 14, United States Code, is amended by
adding at the end the following:
``2926. Family child care providers.''.
SEC. 8238. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall--
(1) establish a procedure to allow Coast Guard
family child care centers to occur at off-base housing,
including off-base housing owned or subsidized by the
Coast Guard; and
(2) establish a procedure to ensure that all
requirements with respect to such family child care
programs are met, including home inspections.
SEC. 8239. DEFINITIONS.
In this subtitle:
(1) Coast guard child development center.--The term
``Coast Guard child development center'' has the
meaning given that term in section 2921(3) of title 14,
United States Code.
(2) Coast guard family child care center.--The term
``Coast Guard family child care center'' means a
location at which family home daycare is provided.
(3) Family child care provider.--The term ``family
child care provider'' means an individual who provides
family home daycare.
(4) Family home daycare.--The term ``family home
daycare'' has the meaning given that term in section
2921(5) of title 14, United States Code.
(5) Qualified family.--The term ``qualified
family'' means any regular, reserve, or retired member
of the Coast Guard, and any civilian employee of the
Coast Guard, with one or more dependents.
Subtitle D--Reports
SEC. 8240. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.
(a) Especially Hazardous Cargo.--Subsection (e) of section
70103 of title 46, United States Code, is amended to read as
follows:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent
with other provisions of Federal law, the Coast Guard
shall coordinate and be responsible for the enforcement
of any Federal security zone established by the Coast
Guard around a vessel containing especially hazardous
cargo. The Coast Guard shall allocate available
resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property
in danger.
``(2) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine,
liquefied natural gas, liquefied petroleum gas, and any
other substance, material, or group or class of
material, in a particular amount and form that the
Secretary determines by regulation poses a significant
risk of creating a transportation security incident
while being transported in maritime commerce.''.
(b) Compliance With Security Standards.--Section 809 of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 46 U.S.C. 70101 note) is amended by striking
subsections (g) and (i).
(c) Marine Safety Long-Term Strategy.--Section 2116 of
title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The strategy
shall include the issuance of a triennial plan'' and
inserting ``The 5-year strategy shall include the
issuance of a plan'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Contents of Strategy and Triennial Plans''
and inserting ``5-Year Strategy and Plan'';
(B) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``strategy and triennial plans'' and inserting
``5-year strategy and plan''; and
(C) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by striking
``strategy and triennial plans'' and
inserting ``5-year strategy and plan'';
and
(ii) in subparagraph (A), by
striking ``plans'' and inserting
``plan'';
(3) in subsection (c)--
(A) by striking ``Beginning with fiscal
year 2020 and triennially thereafter, the
Secretary'' and inserting ``Not later than 5
years after the date of the enactment of the
Elijah E. Cummings Coast Guard Authorization
Act of 2020, and every 5 years thereafter, the
Secretary''; and
(B) by striking ``triennial''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``No less
frequently than semiannually'' and inserting
``In conjunction with the submission of the 5-
year strategy and plan''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Report to congress'' and inserting
``Periodic briefings'';
(ii) in the matter preceding
subparagraph (A), by striking ``report
triennially'' and all that follows
through ``the Senate'' and inserting
``periodically brief the Committee on
Commerce, Science, and Transportation
of the Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives'';
(iii) in subparagraph (A)--
(I) by striking ``annual'';
and
(II) by striking ``for the
year covered by the report''
and inserting ``for the period
covered by the briefing''; and
(iv) in subparagraph (B)(ii), by
striking ``plans'' and inserting
``plan''.
(d) Abandoned Seafarers Fund.--Section 11113(a) of title
46, United States Code, is amended--
(1) in paragraph (4), by striking ``On the date''
and inserting ``Except as provided in paragraph (5), on
the date''; and
(2) by adding at the end the following:
``(5) No report required.--A report under paragraph
(4) shall not be required if there were no expenditures
from the Fund in the preceding fiscal year. The
Commandant shall notify Congress in the event a report
is not required under paragraph (4) by reason of this
paragraph.''.
(e) Major Acquisition Program Risk Assessment.--Section
5107 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``April 15 and
October 15'' and inserting ``October 15''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the 2
fiscal-year quarters preceding such
assessment'' and inserting ``the previous
fiscal year'';
(B) in paragraph (3), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year'';
(C) in paragraph (4), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year''; and
(D) in paragraph (5), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year''.
SEC. 8241. REPORT ON CYBERSECURITY WORKFORCE.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on how the Coast Guard
plans to establish a workforce with the cybersecurity expertise
to provide prevention assessments and response capacity to
Operational Technology and Industrial Control Systems in
national port and maritime environments.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) A description of the number and skills of
active duty and reserve Coast Guard members expected
for initial operating capacity and full operating
capacity of the workforce described in subsection (a).
(2) A description of the career development path
for officers and enlisted members participating in the
workforce.
(3) A determination of how the workforce will
fulfill the cybersecurity needs of the Area Maritime
Security Council and United States port environments.
(4) A determination of how the workforce will
integrate with the Hunt and Incident Response and
Assessment Teams of the Cyber and Infrastructure
Security Agency of the Department of Homeland Security.
(5) An assessment of successful models used by
other Armed Forces, including the National Guard, to
recruit, maintain, and utilize a cyber workforce,
including the use of Reserve personnel for that
purpose.
SEC. 8242. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the training and
qualification processes of the Coast Guard for deck watch
officers, with a specific focus on basic navigation, bridge
resource management, crew rest, and qualification processes.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) Recommendations for improving prearrival
training, if necessary, and an assessment of how
commercial industry best practices on prearrival
training can be incorporated into military at sea
watchkeeping.
(2) A detailed description of the deck watch
officer assessment process of the Coast Guard.
(3) A list of programs that have been approved for
credit toward merchant mariner credentials.
(4) A complete analysis of the gap between the
existing curriculum for deck watch officer training and
the Standards of Training, Certification, and
Watchkeeping for officer in charge of a navigational
watch at the operational level, Chief level, and Master
level.
(5) A complete analysis of the gap between the
existing training curriculum for deck watch officers
and the licensing requirement for 3rd mate unlimited,
Chief, and Master.
(6) An assessment of deck watch officer options to
complete the 3rd mate unlimited license and the
qualification under the Standards of Training,
Certification, and Watchkeeping for officer in charge
of a navigational watch.
(7) An assessment of senior deck watch officer
options to complete the Chief Mate and Master unlimited
license and the qualification under the Standards of
Training, Certification, and Watchkeeping for Chief
Mate and Master.
SEC. 8243. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) includes an updated fleet life-cycle analysis
and service life extension plan that includes dynamic
components, and which clearly demonstrates the mission
viability of the MH-65 through anticipated fleet
recapitalization;
(2) includes a realistic sustainment budget
necessary to achieve the operational availability rates
necessary to meet MH-65 mission requirements through
fleet recapitalization;
(3) includes an update on the status of the Coast
Guard MH-65 helicopter recapitalization; and
(4) includes a description of any alternative,
available, and cost-effective Government and civil
systems, or updates, that the Coast Guard is
considering for MH-65 operational missions, including
Coast Guard cutter deployability requirements, in the
event of delays to the future vertical lift program of
the Coast Guard.
SEC. 8244. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER
INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF
THE UNITED STATES.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the response
capabilities of the Coast Guard with respect to cyber incidents
on vessels entering ports or waters of the United States.
(b) Review.--The report under subsection (a) shall include
a review of each of the following:
(1) The number and type of commercial vessels of
the United States subject to regulations under part 104
of title 33, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(2) Policies and guidance issued by the Commandant,
in accordance with guidelines on cyber risk management
of the International Maritime Organization, to vessels
of the United States.
(3) Measures to be taken by owners or operators of
commercial vessels of the United States to increase
cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents
on vessels described in paragraph (1) prior to the date
of the enactment of this Act.
(5) Response protocols followed by personnel of the
Coast Guard to a cyber incident on any vessel described
in paragraph (1) experienced while that vessel is
traveling to ports or waters of the United States.
(6) Oversight by the Commandant of--
(A) vessel-to-facility interface, as
defined in section 101.105 of title 33, Code of
Federal Regulations (or any corresponding
similar regulation or ruling); and
(B) actions taken by the Coast Guard in
coordination with vessel and facility owners
and operators to protect commercial vessels and
port facility infrastructure from cyber attacks
and proliferation.
(7) Requirements of the Commandant for the
reporting of cyber incidents that occur on the vessels
described in paragraph (1).
(c) Recommendations and Appropriations.--The Commandant
shall include in the report under subsection (a)--
(1) recommendations--
(A) to improve cyber incident response; and
(B) for policies to address gaps identified
by the review under subsection (b); and
(2) a description of authorities and appropriations
necessary to improve the preparedness of the Coast
Guard for cyber incidents on vessels entering ports or
waters of the United States and the ability of the
Coast Guard to prevent and respond to such incidents.
(d) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
(e) Vessel of the United States Defined.--In this section,
the term ``vessel of the United States'' has the meaning given
such term in section 116 of title 46, United States Code.
SEC. 8245. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT
DRUGS IN TRANSIT ZONES.
(a) Findings.--Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221
pounds of cocaine and 85 pounds of marijuana each day
in the transit zones of the Eastern Pacific Ocean,
Caribbean Sea, and Southern maritime border approaches.
(2) The Joint Interagency Task Force-South (JIATF-
South) estimates that it has a spectrum of actionable
intelligence on more than 80 percent of drug movements
into the United States from Central America and South
America.
(3) The Coast Guard must balance asset allocation
across 11 statutory missions. As such, the Coast Guard
interdicts less than 10 percent of maritime
noncommercial smuggling of illicit drugs into the
United States from Central America and South America.
(4) In 2017, the Government Accountability Office
recommended that the Commandant of the Coast Guard--
(A) develop new performance goals relating
to the interdiction of illicit drugs smuggled
into the United States, or describe the manner
in which existing goals are sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations
in performance data with respect to such goals
are documented;
(D) document measurable corrective actions
and implementation timeframes with respect to
such goals; and
(E) document efforts to monitor
implementation of such corrective actions.
(b) Study.--The Secretary of the Department in which the
Coast Guard is operating, in coordination with the Secretary of
Defense and the heads of other relevant Federal agencies, shall
conduct a study in order to identify gaps in resources that
contribute to low interdiction rates for maritime noncommercial
smuggling of illicit drugs into the United States from Central
America and South America despite having actionable
intelligence on more than 80 percent of drug movements in the
transit zones of the Eastern Pacific Ocean, Caribbean Sea, and
Southern maritime border approaches.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Department in which
the Coast Guard is operating shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study under
subsection (b). Such report shall include--
(1) a statement of the Coast Guard mission
requirements for drug interdiction in the Caribbean
basin;
(2) the number of maritime surveillance hours and
Coast Guard assets used in each of fiscal years 2017
through 2019 to counter the illicit trafficking of
drugs and other related threats throughout the
Caribbean basin; and
(3) a determination of whether such hours and
assets satisfied the Coast Guard mission requirements
for drug interdiction in the Caribbean basin.
(d) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
SEC. 8246. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL
POLLUTION ACT OF 1990.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report setting forth the following:
(1) Each liability limit set under section 1004 of
the Oil Pollution Act of 1990 (33 U.S.C. 2704),
including the statutory or regulatory authority
establishing such limit.
(2) If the Commandant determines that any liability
limit listed in such section should be modified--
(A) a description of the modification;
(B) a justification for such modification;
and
(C) a recommendation for legislative or
regulatory action to achieve such modification.
SEC. 8247. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES
ALLOCATION.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the allocation of
resources by the Coast Guard to support its defense readiness
mission.
(b) Contents.--The report required by subsection (a) shall
include the following elements:
(1) Funding levels allocated by the Coast Guard to
support defense readiness missions for each of the past
10 fiscal years.
(2) Funding levels transferred or otherwise
provided by the Department of Defense to the Coast
Guard in support of the Coast Guard's defense readiness
missions for each of the past 10 fiscal years.
(3) The number of Coast Guard detachments assigned
in support of the Coast Guard's defense readiness
mission for each of the past 10 fiscal years.
(c) Assessment.--In addition to the elements detailed in
subsection (b), the report shall include an assessment of the
impacts on the Coast Guard's non-defense mission readiness and
operational capabilities due to the annual levels of
reimbursement provided by the Department of Defense to
compensate the Coast Guard for its expenses to fulfill its
defense readiness mission.
SEC. 8248. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED
VESSELS.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(1) The feasibility, safety, and cost effectiveness
of using liquefied natural gas to fuel new Coast Guard
vessels.
(2) The feasibility, safety, and cost effectiveness
of converting existing vessels to run on liquefied
natural gas fuels.
(3) The operational feasibility of using liquefied
natural gas to fuel Coast Guard vessels.
SEC. 8249. COAST GUARD AUTHORITIES STUDY.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Sciences not later
than 60 days after the date of the enactment of this Act under
which the Academy shall prepare an assessment of Coast Guard
authorities.
(b) Assessment.--The assessment under subsection (a) shall
provide--
(1) an examination of emerging issues that may
require Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and
shortcomings of relying on current Coast Guard
authorities to address emerging issues; and
(3) an overview of adjustments and additions that
could be made to existing Coast Guard authorities to
fully address emerging issues.
(c) Report to the Congress.--Not later than 1 year after
entering into an arrangement with the Secretary under
subsection (a), the National Academy of Sciences shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the assessment under
this section.
(d) Emerging Issues.--In this section, the term ``emerging
issues'' means changes in the maritime industry and environment
that in the determination of the National Academy of Sciences
are reasonably likely to occur within 10 years after the date
of the enactment of this Act, including--
(1) the introduction of new technologies in the
maritime domain;
(2) the advent of new processes or operational
activities in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.--The assessment required under subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 8250. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on vulnerabilities of
Coast Guard installations and requirements resulting from
climate change over the next 20 years.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A list of the 10 most vulnerable Coast Guard
installations based on the effects of climate change,
including rising sea tides, increased flooding,
drought, desertification, wildfires, thawing
permafrost, or any other categories the Commandant
determines necessary.
(2) An overview of--
(A) mitigations that may be necessary to
ensure the continued operational viability and
to increase the resiliency of the identified
vulnerable installations; and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related
effects on the Coast Guard, including--
(A) the increase in the frequency of
humanitarian assistance and disaster relief
missions; and
(B) campaign plans, contingency plans, and
operational posture of the Coast Guard.
(4) An overview of mitigations that may be
necessary to ensure mission resiliency and the cost of
such mitigations.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
SEC. 8251. SHORE INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall--
(1) develop a plan to standardize Coast Guard
facility condition assessments;
(2) establish shore infrastructure performance
goals, measures, and baselines to track the
effectiveness of maintenance and repair investments and
provide feedback on progress made;
(3) develop a process to routinely align the Coast
Guard shore infrastructure portfolio with mission
needs, including disposing of unneeded assets;
(4) establish guidance for planning boards to
document inputs, deliberations, and project
prioritization decisions for infrastructure maintenance
projects;
(5) employ models for Coast Guard infrastructure
asset lines for--
(A) predicting the outcome of investments
in shore infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing
investments;
(6) include supporting details about competing
project alternatives and report tradeoffs in
congressional budget requests and related reports; and
(7) explore the development of real property
management expertise within the Coast Guard workforce,
including members of the Senior Executive Service.
(b) Briefing.--Not later than December 31, 2020, the
Commandant shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the status of the actions required under subsection
(a).
SEC. 8252. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on Coast Guard housing,
including--
(1) a description of the material condition of
Coast Guard housing facilities;
(2) the amount of current Coast Guard housing
construction and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast
Guard manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing
authorities for the Coast Guard similar to those
provided in section 208 of the Coast Guard
Authorization Act of 1996 (Public Law 104-324); and
(5) recommendations regarding how the Congress
could adjust those authorities to prevent mismanagement
of Coast Guard housing facilities.
SEC. 8253. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
Not later 180 days after the date of the enactment of this
Act, and annually for each of the 4 years thereafter, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report regarding the status of the Coast Guard's
compliance with Homeland Security Presidential Directive 12
(HSPD-12) and Federal Information Processing Standard 201
(FIPS-201), including--
(1) the status of Coast Guard efforts to field a
comprehensive Physical Access Control System at Coast
Guard installations and locations necessary to bring
the Service into compliance with HSPD-12 and FIPS-201B;
(2) the status of the selection of a technological
solution;
(3) the estimated phases and timeframe to complete
the implementation of such a system; and
(4) the estimated cost for each phase of the
project.
SEC. 8254. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH
RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES
AS CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the resources, regulations, policies, protocols, and
other actions designed to carry out the Coast Guard
Certificate of Compliance program with respect to
liquefied natural gas tank vessels (including
examinations under section 153.808 of title 46, Code of
Federal Regulations) and vessels that carry bulk
liquefied gases as cargo (including examinations under
part 154 of title 46, Code of Federal Regulations) for
purposes of maintaining the efficiency of examinations
under that program.
(2) Contents.--The report under paragraph (1) shall
include an assessment of the adequacy of current Coast
Guard resources, regulations, policies, and protocols
to maintain vessel examination efficiency while
carrying out the program referred to in paragraph (1)
as United States bulk liquefied gases cargo, liquefied
natural gas exports, and associated vessel traffic at
United States ports increase.
(b) National Academies Study.--
(1) In general.--Not later than 6 months after the
date on which the report required under subsection (a)
is submitted, the Commandant shall enter into an
agreement with the National Academies under which the
National Academies shall--
(A) conduct an evaluation of the
constraints and challenges to maintaining
examination efficiency under the program as
United States bulk liquefied gases cargo,
liquefied natural gas exports, and associated
vessel traffic at United States ports increase;
and
(B) issue recommendations for changes to
resources, regulations, policies, and protocols
to maintain the efficiency of the program,
including analysis of the following
alternatives:
(i) Establishment of a Coast Guard
marine examination unit near the Panama
Canal to conduct inspections under the
program on liquefied natural gas tank
vessels bound for the United States,
similar to Coast Guard operations
carried out by Coast Guard Activities
Europe and Coast Guard Activities Far
East, including the effects of the
establishment of such a unit on the
domestic aspects of the program.
(ii) Management of all marine
examiners with gas carrier
qualification within each Coast Guard
District by a single Officer in Charge,
Marine Inspection (as defined in
section 50.10-10 of title 46, Code of
Federal Regulations) to improve the
efficiency of their vessel examination
assignments.
(iii) Extension of the duration of
assignment of marine examiners with a
gas carrier qualification at Coast
Guard units that most frequently
inspect vessels that carry bulk
liquefied gases as cargo and liquefied
natural gas tank vessels.
(iv) Increase in the use of
civilians to conduct and support
examinations under the program.
(v) Extension of the duration of
certificates of compliance under the
program for vessels that carry bulk
liquefied gases as cargo and liquefied
natural gas tank vessels that are less
than 10 years of age and participate in
a Coast Guard vessel quality program.
SEC. 8255. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON COAST GUARD'S INTERNATIONAL PORT SECURITY
PROGRAM.
(a) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the Coast Guard's International Port
Security Program, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) review of the actions of the Coast Guard under
the Coast Guard's International Port Security Program,
since 2014, to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to
recognize and monitor port inspection programs of
foreign governments;
(3) identification and review of the actions the
Coast Guard takes to address any deficiencies it
observes during visits at foreign ports;
(4) identify and review the benchmarks of the Coast
Guard for measuring the effectiveness of the program;
and
(5) review of the extent to which the Coast Guard
and United States Customs and Border Protection
coordinate efforts to screen and inspect cargo at
foreign ports.
SEC. 8256. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON SURGE CAPACITY OF THE COAST GUARD.
(a) GAO Report.--Not later than 60 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the surge capacity of the Coast
Guard to respond to a catastrophic incident (such as a
hurricane), including the findings, and any recommendations for
improvement, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) a description and review of each Coast Guard
deployment in response to a catastrophic incident after
2005;
(2) identification of best practices informed by
the deployments described in paragraph (1);
(3) a review of the ability of the surge force of
the Coast Guard to meet the demands of the response
roles in which it was serving during each deployment
described in paragraph (1);
(4) identification of any statutory or regulatory
impediments, such as adaptability, planning, training,
mobilization, or information and resource integration,
to the surge capacity of the Coast Guard in response to
a catastrophic incident;
(5) review of the impacts of a surge of the Coast
Guard in response to a catastrophic incident on the
capacity of the Coast Guard to perform its statutory
missions;
(6) review of the capability of the Coast Guard to
surge in response to concurrent or subsequent
catastrophic incidents; and
(7) review and description of existing voluntary
and involuntary deployments of Coast Guard personnel
and assets in support of a United States Customs and
Border Protection response to a national emergency (as
defined in Presidential Proclamation 9844) on the surge
capacity of the Coast Guard in the event of a
catastrophic incident.
(c) Definitions.--In this section, the terms ``catastrophic
incident'' and ``surge capacity'' have the meaning given such
terms in section 602 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 701).
SEC. 8257. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON MARINE INSPECTIONS PROGRAM OF COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the marine inspections program of
the Coast Guard, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) an analysis of the demand for marine
inspectors;
(2) an identification of the number of fully
qualified marine inspectors;
(3) a determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to
meet the demand described in paragraph (1);
(4) a review of the enlisted marine inspector
workforce compared to the civilian marine inspector
workforce and whether there is any discernable
distinction or impact between such workforces in the
performance of the marine safety mission;
(5) an evaluation of the training continuum of
marine inspectors;
(6) a description and review of what actions, if
any, the Coast Guard is taking to adapt to the current
rise in United States export of crude oil and other
fuels, such as implementing a safety inspection regime
for barges; and
(7) an analysis of extending tours of duty for
marine inspectors and increasing the number of civilian
marine inspectors.
SEC. 8258. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
setting forth the results of a comprehensive review,
conducted by the Comptroller General for purposes of
the report, on the Coast Guard Command, Control,
Communications, Computers, Cyber, and Intelligence
Service Center, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(2) Required elements of review.--The review
required under paragraph (1) shall include--
(A) analysis of how the Coast Guard manages
its information technology program, including
information technology acquisitions, to meet
its various mission needs and reporting
requirements;
(B) analysis of the adequacy of the
physical information technology infrastructure
within Coast Guard districts, including network
infrastructure, for meeting mission needs and
reporting requirements;
(C) analysis of whether and, if so, how the
Coast Guard--
(i) identifies and satisfies any
knowledge and skill requirements; and
(ii) recruits, trains, and develops
its information technology personnel;
(D) analysis of whether and, if so, how the
Coast Guard separates information technology
from operational technology for cybersecurity
purposes;
(E) analysis of how the Coast Guard intends
to update its Marine Information for Safety and
Law Enforcement system, personnel, accounting
and other databases, and implement an
electronic health records system; and
(F) analysis of the goals and acquisition
strategies for all proposed Coast Guard
enterprise-wide cloud computing service
procurements.
(b) Review on Cloud Computing.--Not later than 180 days
after the date of the enactment of this Act, the Commandant
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a detailed description of the Coast Guard's strategy to
implement cloud computing for the entire Coast Guard,
including--
(1) the goals and acquisition strategies for all
proposed enterprise-wide cloud computing service
procurements;
(2) a strategy to sustain competition and
innovation throughout the period of performance of each
contract for procurement of cloud-computing goods and
services for the Coast Guard, including defining
opportunities for multiple cloud-service providers and
insertion of new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate
such risks; and
(4) an estimate of the cost and timeline to
implement cloud computing service for all Coast Guard
computing.
SEC. 8259. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND
DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines
access to, experience with, and needs under the TRICARE
program of members of the Coast Guard and their
dependents.
(2) Elements.--The study conducted under paragraph
(1) shall analyze the following:
(A) The record of the TRICARE program in
meeting the standards for care for primary and
specialty care for members of the Coast Guard
and dependents of those members, including
members stationed in remote units.
(B) The accuracy and update periodicity of
lists of providers under the TRICARE program in
areas serving Coast Guard families.
(C) The wait times under the TRICARE
program for appointments, specialty care, and
referrals for members of the Coast Guard and
dependents of those members.
(D) The availability of providers under the
TRICARE program in remote locations, including
providers for mental health, care for children
with special needs, child and adolescent
psychiatry, dental, and female health.
(E) The access of members of the Coast
Guard and dependents of those members to
services under the TRICARE program in
comparison to the access to such services by
personnel of the Department of Defense and
dependents of such personnel.
(F) The liaison assistance between members
of the Coast Guard and dependents of those
members and the TRICARE program provided by the
Coast Guard in comparison to such assistance
provided by the Department of Defense.
(G) How delayed access to care, timeliness
of care, and distance traveled to care may
impact personnel readiness of members of the
Coast Guard.
(H) The regions particularly impacted by
lack of access to care and recommendations to
address those access issues.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing the
findings, conclusions, and recommendations to improve access to
quality, timely, and effective health care for members of the
Coast Guard and dependents of those members from the study
required under subsection (a).
(c) Definitions.--In this section, the terms ``dependent''
and ``TRICARE program'' have the meanings given such terms in
section 1072 of title 10, United States Code.
SEC. 8260. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST
GUARD.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines the
health care system of the Coast Guard.
(2) Elements.--The study conducted under paragraph
(1) shall analyze the following:
(A) The billets in clinics of the Coast
Guard, whether for personnel of the Coast Guard
or otherwise, including the number of billets,
vacancies, and length of vacancies.
(B) The wait times for patients to attain
an appointment for urgent care, routine
physician care, and dental care.
(C) The impact of billet vacancies on such
wait times.
(D) The barriers, if any, to improving
coordination and access to physicians within
the health care system of the Department of
Defense.
(E) The accessibility and availability of
behavioral health medical personnel at clinics
of the Coast Guard, including personnel
available for family counseling, therapy, and
other needs.
(F) The staffing models of clinics of the
Coast Guard, including recommendations to
modernize such models.
(G) The locations and needs of Coast Guard
units with or without clinics.
(H) How access to care models for members
of the Coast Guard are managed, including
models with respect to the time and distance
traveled to receive care, the cost of that
travel, and alternate options to secure care
quickly and efficiently for members serving in
units without a clinic.
(b) Report.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report containing the
findings, conclusions, and recommendations from the
study required under subsection (a).
(2) Elements.--The report submitted under paragraph
(1) shall include the following:
(A) An identification of the number of
members of the Coast Guard and types of units
of the Coast Guard serviced by the health care
system of the Coast Guard.
(B) An assessment of the ability of the
Coast Guard to conduct medical support at
outlying units, including remote units.
(C) An assessment of the capacity of the
Coast Guard to support surge operations using
historical data from the 10-year period
preceding the date of the report.
(D) An assessment of the impact to
operations of the Coast Guard by extended wait
times or travel times to receive care or other
issues identified by the report.
(c) Recommendations.--Not later than 90 days after the date
on which the report is submitted under subsection (b), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives written recommendations for medical staffing
standards for the Coast Guard based on each finding and
conclusion contained in the report, including recommendations
for health service technicians, flight surgeons, physician
assistants, dentists, dental hygienists, family advocate
services, pharmacists, and administrators, and other
recommendations, as appropriate.
SEC. 8261. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS,
AND NATIONAL SECURITY CUTTERS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the combination of
Fast Response Cutters, Offshore Patrol Cutters, and National
Security Cutters necessary to carry out Coast Guard missions.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an updated cost estimate for each type of
cutter described in such subsection; and
(2) a cost estimate for a Sensitive Compartmented
Information Facility outfitted to manage data in a
manner equivalent to the National Security Cutter
Sensitive Compartmented Information Facilities.
Subtitle E--Coast Guard Academy Improvement Act
SEC. 8271. SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy
Improvement Act''.
SEC. 8272. COAST GUARD ACADEMY STUDY.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public Administration
not later than 60 days after the date of the enactment of the
this Act under which the National Academy of Public
Administration shall--
(1) conduct an assessment of the cultural
competence of the Coast Guard Academy as an
organization and of individuals at the Coast Guard
Academy to carry out effectively the primary duties of
the United States Coast Guard listed in section 102 of
title 14, United States Code, when interacting with
individuals of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic
backgrounds, or from different geographic origins; and
(2) issue recommendations based upon the findings
in such assessment.
(b) Assessment of Cultural Competence.--
(1) Cultural competence of the coast guard
academy.--The arrangement described in subsection (a)
shall require the National Academy of Public
Administration to, not later than 1 year after entering
into an arrangement with the Secretary under subsection
(a), submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the assessment described under subsection
(a)(1).
(2) Assessment scope.--The assessment described
under subsection (a)(1) shall--
(A) describe the level of cultural
competence described in subsection (a)(1) based
on the National Academy of Public
Administration's assessment of the Coast Guard
Academy's relevant practices, policies, and
structures, including an overview of
discussions with faculty, staff, students, and
relevant Coast Guard Academy affiliated
organizations;
(B) examine potential changes which could
be used to further enhance such cultural
competence by--
(i) modifying institutional
practices, policies, and structures;
and
(ii) any other changes deemed
appropriate by the National Academy of
Public Administration; and
(C) make recommendations to enhance the
cultural competence of the Coast Guard Academy
described in subparagraph (A), including any
specific plans, policies, milestones,
performance measures, or other information
necessary to implement such recommendations.
(c) Final Action Memorandum.--Not later than 6 months after
submission of the assessment under subsection (b)(1), the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a final action memorandum in
response to all recommendations contained in the assessment.
The final action memorandum shall include the rationale for
accepting, accepting in part, or rejecting each recommendation,
and shall specify, where applicable, actions to be taken to
implement such recommendations, including an explanation of how
each action enhances the ability of the Coast Guard to carry
out the primary duties of the United States Coast Guard listed
in section 102 of title 14, United States Code.
(d) Plan.--
(1) In general.--Not later than 6 months after the
date of the submission of the final action memorandum
required under subsection (c), the Commandant, in
coordination with the Chief Human Capital Officer of
the Department of Homeland Security, shall submit a
plan to carry out the recommendations or the parts of
the recommendations accepted in the final action
memorandum to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) Strategy with milestones.--If any
recommendation or parts of recommendations accepted in
the final action memorandum address any of the
following actions, then the plan required in paragraph
(1) shall include a strategy with appropriate
milestones to carry out such recommendations or parts
of recommendations:
(A) Improve outreach and recruitment of a
more diverse Coast Guard Academy cadet
candidate pool based on race, ethnicity,
gender, religion, sexual orientation,
socioeconomic background, and geographic
origin.
(B) Modify institutional structures,
practices, and policies to foster a more
diverse cadet corps body, faculty, and staff
workforce based on race, ethnicity, gender,
religion, sexual orientation, socioeconomic
background, and geographic origin.
(C) Modify existing or establish new
policies and safeguards to foster the retention
of cadets, faculty, and staff of different
races, ethnicities, genders, religions, sexual
orientations, socioeconomic backgrounds, and
geographic origins at the Coast Guard Academy.
(D) Restructure the admissions office of
the Coast Guard Academy to be headed by a
civilian with significant relevant higher
education recruitment experience.
(3) Implementation.--Unless otherwise directed by
an Act of Congress, the Commandant shall begin
implementation of the plan developed under this
subsection not later than 180 days after the submission
of such plan to Congress.
(4) Update.--The Commandant shall include in the
first annual report required under chapter 51 of title
14, United States Code, as amended by this division,
submitted after the date of enactment of this section,
the strategy with milestones required in paragraph (2)
and shall report annually thereafter on actions taken
and progress made in the implementation of such plan.
SEC. 8273. ANNUAL REPORT.
Chapter 51 of title 14, United States Code, is further
amended by adding at the end the following:
``Sec. 5111. Report on diversity at Coast Guard Academy
``(a) In General.--Not later than January 15, 2021, and
annually thereafter, the Commandant shall submit a report on
diversity at the Coast Guard Academy to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Contents.--The report required under subsection (a)
shall include--
``(1) the status of the implementation of the plan
required under section 8272 of the Elijah E. Cummings
Coast Guard Authorization Act of 2020;
``(2) specific information on outreach and
recruitment activities for the preceding year,
including the effectiveness of the Coast Guard Academy
minority outreach team program described under section
1905 and of outreach and recruitment activities in the
territories and other possessions of the United States;
``(3) enrollment information about the incoming
class, including the gender, race, ethnicity, religion,
socioeconomic background, and State of residence of
Coast Guard Academy cadets;
``(4) information on class retention, outcomes, and
graduation rates, including the race, gender,
ethnicity, religion, socioeconomic background, and
State of residence of Coast Guard Academy cadets;
``(5) information on efforts to retain diverse
cadets, including through professional development and
professional advancement programs for staff and
faculty; and
``(6) a summary of reported allegations of
discrimination on the basis of race, color, national
origin, sex, gender, or religion for the preceding 5
years.''.
SEC. 8274. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public Administration
under which the National Academy of Public Administration
shall, not later than 1 year after submitting an assessment
under section 8272(a), submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of the Coast Guard
Academy admissions process.
(b) Assessment Scope.--The assessment required to be sought
under subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the
process the Coast Guard Academy uses to--
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application
process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the
admissions process of diversity, including--
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at
other Federal service academies, including--
(A) discussion of consideration of
diversity, including any efforts to attract a
diverse pool of applicants, in those processes;
and
(B) an analysis of how the congressional
nominations requirement in current law related
to military service academies and the Merchant
Marine Academy impacts those processes and the
overall demographics of the student bodies at
those academies;
(4) a determination regarding how a congressional
nominations requirement for Coast Guard Academy
admissions could impact diversity among the student
body and the ability of the Coast Guard to carry out
effectively the Service's primary duties described in
section 102 of title 14, United States Code; and
(5) recommendations for improving Coast Guard
Academy admissions processes, including whether a
congressional nominations process should be integrated
into such processes.
SEC. 8275. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM.
(a) In General.--Chapter 19 of title 14, United States
Code, is further amended by inserting after section 1904 (as
amended by this division) the following:
``Sec. 1905. Coast Guard Academy minority outreach team program
``(a) In General.--There is established within the Coast
Guard Academy a minority outreach team program (in this section
referred to as the `Program' ) under which officers, including
minority officers and officers from territories and other
possessions of the United States, who are Academy graduates may
volunteer their time to recruit minority students and
strengthen cadet retention through mentorship of cadets.
``(b) Administration.--Not later than January 1, 2021, the
Commandant, in consultation with Program volunteers and Academy
alumni that participated in prior programs at the Academy
similar to the Program, shall appoint a permanent civilian
position at the Academy to administer the Program by, among
other things--
``(1) overseeing administration of the Program;
``(2) serving as a resource to volunteers and
outside stakeholders;
``(3) advising Academy leadership on recruitment
and retention efforts based on recommendations from
volunteers and outside stakeholders;
``(4) establishing strategic goals and performance
metrics for the Program with input from active
volunteers and Academy leadership; and
``(5) reporting annually to the Commandant on
academic year and performance outcomes of the goals for
the Program before the end of each academic year.''.
(b) Clerical Amendment.--The analysis for chapter 19 of
title 14, United States Code, is further amended by inserting
after the item relating to section 1904 (as amended by this
division) the following:
``1905. Coast Guard Academy minority outreach team program.''.
SEC. 8276. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is further amended by adding at the end the
following:
``Sec. 2131. College student pre-commissioning initiative
``(a) In General.--There is authorized within the Coast
Guard a college student pre-commissioning initiative program
(in this section referred to as the `Program' ) for eligible
undergraduate students to enlist and receive a guaranteed
commission as an officer in the Coast Guard.
``(b) Criteria for Selection.--To be eligible for the
Program a student must meet the following requirements upon
submitting an application:
``(1) Age.--A student must be not less than 19
years old and not more than 27 years old as of
September 30 of the fiscal year in which the Program
selection panel selecting such student convenes.
``(2) Character.--
``(A) All applicants.--All applicants must
be of outstanding moral character and meet
other character requirements as set forth by
the Commandant.
``(B) Coast guard applicants.--An applicant
serving in the Coast Guard may not be
commissioned if in the 36 months prior to the
first Officer Candidate School class convening
date in the selection cycle, such applicant was
convicted by a court-martial or awarded
nonjudicial punishment, or did not meet
performance or character requirements set forth
by the Commandant.
``(3) Citizenship.--A student must be a United
States citizen.
``(4) Clearance.--A student must be eligible for a
secret clearance.
``(5) Dependency.--
``(A) In general.--A student may not have
more than 2 dependents.
``(B) Sole custody.--A student who is
single may not have sole or primary custody of
dependents.
``(6) Education.--
``(A) Institution.--A student must be an
undergraduate sophomore or junior--
``(i) at a historically Black
college or university described in
section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)) or an
institution of higher education
described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(a)); or
``(ii) an undergraduate sophomore
or junior enrolled at an institution of
higher education (as defined in section
101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) that, at the time of
application of the sophomore or junior,
has had for 3 consecutive years an
enrollment of undergraduate full-time
equivalent students (as defined in
section 312(e) of such Act (20 U.S.C.
1058(e))) that is a total of at least
50 percent Black American, Hispanic,
Asian American (as defined in section
371(c) of such Act (20 U.S.C.
1067q(c))), Native American Pacific
Islander (as defined in such section),
or Native American (as defined in such
section), among other criteria, as
determined by the Commandant.
``(B) Location.--The institution at which
such student is an undergraduate must be within
100 miles of a Coast guard unit or Coast Guard
Recruiting Office unless otherwise approved by
the Commandant.
``(C) Records.--A student must meet credit
and grade point average requirements set forth
by the Commandant.
``(7) Medical and administrative.--A student must
meet other medical and administrative requirements as
set forth by the Commandant.
``(c) Enlistment and Obligation.--Individuals selected and
accept to participate in the Program shall enlist in the Coast
Guard in pay grade E-3 with a 4-year duty obligation and 4-year
inactive Reserve obligation.
``(d) Military Activities Prior to Officer Candidate
School.--Individuals enrolled in the Program shall participate
in military activities each month, as required by the
Commandant, prior to attending Officer Candidate School.
``(e) Participation in Officer Candidate School.--Each
graduate of the Program shall attend the first enrollment of
Officer Candidate School that commences after the date of such
graduate's graduation.
``(f) Commissioning.--Upon graduation from Officer
Candidate School, Program graduates shall be discharged from
enlisted status and commissioned as an O-1 with an initial 3-
year duty obligation.
``(g) Briefing.--
``(1) In general.--Not later than August 15 of each
year, the Commandant shall provide a briefing to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the
Program.
``(2) Contents.--The briefing required under
paragraph (1) shall describe--
``(A) outreach and recruitment efforts over
the previous year; and
``(B) demographic information of enrollees
including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Clerical Amendment.--The analysis chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2130 (as added by this division) the
following:
``2131. College student pre-commissioning initiative.''.
SEC. 8277. ANNUAL BOARD OF VISITORS.
Section 1903(d) of title 14, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) recruitment and retention, including
diversity, inclusion, and issues regarding women
specifically;''.
SEC. 8278. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM
AT COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end the following:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the
Secretary may establish a rotational research, development, and
training program for--
``(1) detail to the Cybersecurity and
Infrastructure Security Agency (including the national
cybersecurity and communications integration center
authorized by section 2209) of Coast Guard Academy
graduates and faculty; and
``(2) detail to the Coast Guard Academy, as
faculty, of individuals with expertise and experience
in cybersecurity who are employed by--
``(A) the Agency (including the center);
``(B) the Directorate of Science and
Technology; or
``(C) institutions that have been
designated by the Department as a Center of
Excellence for Cyber Defense, or the
equivalent.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et
seq.) is amended by adding at the end of the items relating to
subtitle E of such Act the following:
``Sec. 846. Rotational cybersecurity research program.''.
Subtitle F--Other Matters
SEC. 8281. STRATEGY ON LEADERSHIP OF COAST GUARD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall develop and make
available to the public a strategy to improve leadership
development in the Coast Guard, including mechanisms to address
counterproductive leadership in the Coast Guard.
(b) Elements.--The strategy shall include the following:
(1) Mechanisms to foster positive and productive
leadership qualities in emerging Coast Guard leaders,
beginning, at minimum, members at grade O-2 for
officers, members at grade E-6 for enlisted members,
and members training to become an officer in charge.
(2) Mechanisms for the ongoing evaluation of unit
commanders, including identification of
counterproductive leadership qualities in commanders.
(3) Formal training on the recognition of
counterproductive leadership qualities (in self and
others), including at leadership seminars and school
houses in the Coast Guard, including means to correct
such qualities.
(4) Clear and transparent policies on standards for
command climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging
leaders have access to hands-on training and tools to
improve diversity and inclusion.
(6) Policy and procedures for commanders to
identify and hold accountable counterproductive
leaders.
(c) Counterproductive Leadership Defined.--In this section,
the term ``counterproductive leadership'' has the meaning given
that term for purposes of Army Doctrine Publication 6-22.
SEC. 8282. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF
MEMBERS OF THE COAST GUARD.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall establish a policy to allow the
transfer of a member of the Coast Guard whose dependent is the
victim of sexual assault perpetrated by a member of the Armed
Forces who is not related to the victim.
SEC. 8283. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING
CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON.
(a) In General.--With respect to the creosote-related
building closures at Coast Guard Base Seattle, Washington, the
Commandant shall, to the maximum extent practicable, enter into
1 or more agreements or otherwise take actions to secure access
to resources, including a gym, that are not otherwise available
to members of the Coast Guard during such closures.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress with
respect to actions taken by the Commandant to comply with
subsection (a).
SEC. 8284. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT.
(a) Report and Action Plan on Orca Enforcement
Opportunities.--Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere, shall
submit to Congress a report on Coast Guard efforts to enforce
southern resident orca vessel buffer zones and other vessel-
related regulations in Puget Sound in coordination with
existing Coast Guard fisheries enforcement, maritime domain
awareness, the Be Whale Wise campaign, and other related
missions. Such report shall include recommendations on what
resources, appropriations, and assets are needed to meet orca
conservation and related fisheries enforcement targets in the
13th Coast Guard District within 1 year of the date of
enactment of this Act.
(b) Southern Resident Orcas.--The Commandant, in
coordination with the Under Secretary of Commerce for Oceans
and Atmosphere, shall undertake efforts to reduce vessel noise
impacts on Southern resident orcas in Puget Sound, the Salish
Sea, and the Strait of Juan de Fuca.
(c) Program.--
(1) In general.--The Commandant shall--
(A) support the development,
implementation, and enforcement of commercial
vessel noise reduction measures that are
technically feasible and economically
achievable;
(B) establish procedures for timely
communication of information to commercial
vessel operators regarding orca sightings in
Puget Sound and make navigational safety
recommendations in accordance with the
Cooperative Vessel Traffic Service Agreement;
and
(C) collaborate on studies or trials
analyzing vessel noise impacts on Southern
resident orcas.
(2) Vessel noise impacts.--The Undersecretary of
Commerce for Oceans and Atmosphere shall assess vessel
noise impacts on Southern resident orcas in the program
area and make recommendations to reduce that noise and
noise related impacts to Southern resident orcas to the
Commandant.
(3) Coordination.--In carrying out this section,
the Commandant shall coordinate with Canadian agencies
affiliated with the Enhancing Cetacean Habitat and
Observation (ECHO) program and other international
organizations as appropriate.
(4) Consultation.--In carrying out this section,
the Commandant and the Undersecretary of Commerce for
Oceans and Atmosphere shall consult with State, local,
and Tribal governments and maritime industry and
conservation stakeholders including ports, higher
education institutions, and nongovernmental
organizations.
SEC. 8285. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON
ISSUANCE OF WARRANTS AND SUBPOENAS AND
WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE COAST
GUARD INVESTIGATIVE SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Coast Guard components with investigative
authority should exercise such authority with due
respect for the rights of whistleblowers; and
(2) the Commandant should--
(A) ensure compliance with the legal
requirements intended to protect
whistleblowers;
(B) seek to shield the disclosure of the
identities of whistleblowers; and
(C) create an environment in which
whistleblowers do not fear reprisal for
reporting misconduct.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
policy of the Coast Guard on the issuance of warrants and
subpoenas and whistleblower protections by agents of the Coast
Guard Investigative Service.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A discussion of current and any new policy of
the Coast Guard on the issuance of warrants and
subpoenas and whistleblower protections by agents of
the Coast Guard Investigative Service, including Coast
Guard Investigative Service Criminal Investigation
Operating Procedure CIOP 2019-02, and the differences
between such current policies and new policies.
(2) A plan (including milestones) for the
implementation of the following:
(A) Incorporation of Coast Guard
Investigative Service Criminal Investigation
Operating Procedure CIOP 2019-02 into the next
revision of the relevant Coast Guard
investigative manual.
(B) Training on the policy described in
paragraph (1) for the following:
(i) Agents and legal counsel of the
Coast Guard Investigative Service.
(ii) Personnel of the Office of
General Law.
(iii) Relevant Coast Guard
headquarters personnel.
(iv) Such other Coast Guard
personnel as the Commandant considers
appropriate.
SEC. 8286. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY
ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY
SPECIALISTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the inspector general of the
department in which the Coast Guard is operating shall conduct
a study and develop recommendations on the need to separate
Equal Opportunity Advisors and Equal Employment Opportunity
Specialists, as practicable, through the pre-complaint and
formal discrimination complaint processes, for the complainant,
the opposing party, and the commanding officers and officers in
charge.
(b) Briefing.--Not later than 30 days after the completion
of the study required by subsection (a), the Commandant shall
brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the manner in
which the Coast Guard plans to implement the recommendations
developed as a result of the study.
SEC. 8287. INSIDER THREAT PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on a plan to expand the Coast
Guard Insider Threat Program to include the monitoring of all
Coast Guard devices, including mobile devices.
TITLE LVXXXIII--MARITIME
Subtitle A--Navigation
Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.
Subtitle B--Shipping
Sec. 8311. Passenger vessel security and safety requirements;
application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.
Subtitle C--Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.
Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan
Region from Global Maritime Distress and Safety System
requirements of Federal Communications Commission.
Subtitle D--Ports
Sec. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.
Subtitle A--Navigation
SEC. 8301. ELECTRONIC CHARTS; EQUIVALENCY.
(a) Requirements.--Section 3105(a)(1) of title 46, United
States Code, is amended to read as follows:
``(1) Electronic charts in lieu of marine charts,
charts, and maps.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, equipped with and
operating electronic navigational charts that are
produced by a government hydrographic office or conform
to a standard acceptable to the Secretary, shall be
deemed in compliance with any requirement under title
33 or title 46, Code of Federal Regulations, to have a
chart, marine chart, or map on board such vessel:
``(A) A self-propelled commercial vessel of
at least 65 feet in overall length.
``(B) A vessel carrying more than a number
of passengers for hire determined by the
Secretary.
``(C) A towing vessel of more than 26 feet
in overall length and 600 horsepower.
``(D) Any other vessel for which the
Secretary decides that electronic charts are
necessary for the safe navigation of the
vessel.''.
(b) Exemptions and Waivers.--Section 3105(a)(2) of title
46, United States Code, is amended--
(1) in subparagraph (A), by striking ``operates;
and'' and inserting ``operates;'';
(2) in subparagraph (B), by striking ``those
waters.'' and inserting ``those waters; and''; and
(3) by adding at the end the following:
``(C) permit vessels described in
subparagraphs (A) through (D) of paragraph (1)
that operate solely landward of the baseline
from which the territorial sea of the United
States is measured to utilize software-based,
platform-independent electronic chart systems
that the Secretary determines are capable of
displaying electronic navigational charts with
necessary scale and detail to ensure safe
navigation for the intended voyage.''.
SEC. 8302. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(b)) is amended--
(1) by striking ``The'' and inserting the
following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogated rights.--Except for a guarantor
claim pursuant to a defense under section 1016(f)(1),
Fund compensation of any claim by an insurer or other
indemnifier of a responsible party or injured third
party is subject to the subrogated rights of that
responsible party or injured third party to such
compensation.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 8303. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.
(a) In General.--Section 1013 of the Oil Pollution Act of
1990 (33 U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming Amendments.--Section 1012(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by adding ``and'' after the
semicolon at the end;
(2) in paragraph (5)(D), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (6).
SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C.
2761) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``,
technology,'' after ``research'';
(B) in paragraph (2)--
(i) by striking ``this subsection''
and inserting ``paragraph (1)''; and
(ii) by striking ``which are
effective in preventing or mitigating
oil discharges and which'' and
inserting ``and methods that are
effective in preventing, mitigating, or
restoring damage from oil discharges
and that'';
(C) in paragraph (3) by striking ``this
subsection'' and inserting ``paragraph (1)''
each place it appears;
(D) in subparagraph (A) of paragraph (4)--
(i) by striking ``oil discharges.
Such program shall'' and inserting
``acute and chronic oil discharges on
coastal and marine resources (including
impacts on protected areas such as
sanctuaries) and protected species, and
such program shall'';
(ii) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively;
(iii) by inserting after clause
(ii) the following:
``(iii) Research to understand and quantify
the effects of sublethal impacts of oil
discharge on living natural marine resources,
including impacts on pelagic fish species,
marine mammals, and commercially and
recreationally targeted fish and shellfish
species.''; and
(iv) by adding at the end the
following:
``(vi) Research to understand the long-term
effects of major oil discharges and the long-
term effects of smaller endemic oil discharges.
``(vii) The identification of potential
impacts on ecosystems, habitat, and wildlife
from the additional toxicity, heavy metal
concentrations, and increased corrosiveness of
mixed crude, such as diluted bitumen crude.
``(viii) The development of methods to
restore and rehabilitate natural resources and
ecosystem functions damaged by oil
discharges.'';
(E) in paragraph (5) by striking ``this
subsection'' and inserting ``paragraph (1)'';
(F) by striking paragraph (7) and inserting
the following:
``(7) Simulated environmental testing.--
``(A) In general.--Agencies represented on
the Interagency Committee shall ensure the
long-term use and operation of the Oil and
Hazardous Materials Simulated Environmental
Test Tank (OHMSETT) Research Center in New
Jersey for oil pollution technology testing and
evaluations.
``(B) Other testing facilities.--Nothing in
subparagraph (A) shall be construed as limiting
the ability of the Interagency Committee to
contract or partner with a facility or
facilities other than the Center described in
subparagraph (A) for the purpose of oil
pollution technology testing and evaluations,
provided such a facility or facilities have
testing and evaluation capabilities equal to or
greater than those of such Center.
``(C) In-kind contributions.--
``(i) In general.--The Secretary of
the department in which the Coast Guard
is operating and the Administrator of
the Environmental Protection Agency may
accept donations of crude oil and crude
oil product samples in the form of in-
kind contributions for use by the
Federal Government for product testing,
research and development, and for other
purposes as the Secretary and the
Administrator determine appropriate.
``(ii) Use of donated oil.--Oil
accepted under clause (i) may be used
directly by the Secretary and shall be
provided to other Federal agencies or
departments through interagency
agreements to carry out the purposes of
this Act.'';
(G) in paragraph (8)--
(i) in subparagraph (A), by
striking ``subsection (b)'' and
inserting ``subsection (d)''; and
(ii) in subparagraph (D)(iii), by
striking ``subsection (b)(1)(F)'' and
inserting ``subsection (d)''; and
(H) in paragraph (10)--
(i) by striking ``this subsection''
and inserting ``paragraph (1)'';
(ii) by striking ``agencies
represented on the Interagency
Committee'' and inserting ``Under
Secretary'';
(iii) by inserting ``, and States
and Indian tribes'' after ``other
persons''; and
(iv) by striking ``subsection (b)''
and inserting ``subsection (d)'';
(2) in subsection (d), by striking ``subsection
(b)'' and inserting ``subsection (d)'';
(3) in subsection (e), by striking ``Chairman of
the Interagency Committee'' and inserting ``Chair'';
(4) in subsection (f), by striking ``subsection
(c)(8)'' each place it appears and inserting
``subsection (e)(8)'';
(5) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively; and
(6) by striking subsections (a) and (b) and
inserting the following:
``(a) Definitions.--In this section--
``(1) the term `Chair' means the Chairperson of the
Interagency Committee designated under subsection
(c)(2);
``(2) the term `Commandant' means the Commandant of
the Coast Guard;
``(3) the term `institution of higher education'
means an institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a));
``(4) the term `Interagency Committee' means the
Interagency Coordinating Committee on Oil Pollution
Research established under subsection (b);
``(5) the term `Under Secretary' means the Under
Secretary of Commerce for Oceans and Atmosphere; and
``(6) the term `Vice Chair' means the Vice
Chairperson of the Interagency Committee designated
under subsection (c)(3).
``(b) Establishment of Interagency Coordinating Committee
on Oil Pollution Research.--
``(1) Establishment.--There is established an
Interagency Coordinating Committee on Oil Pollution
Research.
``(2) Purpose.--The Interagency Committee shall
coordinate a comprehensive program of oil pollution
research, technology development, and demonstration
among the Federal agencies, in cooperation and
coordination with industry, 4-year institutions of
higher education and research institutions, State
governments, and other nations, as appropriate, and
shall foster cost-effective research mechanisms,
including the joint funding of research.
``(c) Membership.--
``(1) Composition.--The Interagency Committee shall
be composed of--
``(A) at least 1 representative of the
Coast Guard;
``(B) at least 1 representative of the
National Oceanic and Atmospheric
Administration;
``(C) at least 1 representative of the
Environmental Protection Agency;
``(D) at least 1 representative of the
Department of the Interior;
``(E) at least 1 representative of the
Bureau of Safety and Environmental Enforcement;
``(F) at least 1 representative of the
Bureau of Ocean Energy Management;
``(G) at least 1 representative of the
United States Fish and Wildlife Service;
``(H) at least 1 representative of the
Department of Energy;
``(I) at least 1 representative of the
Pipeline and Hazardous Materials Safety
Administration;
``(J) at least 1 representative of the
Federal Emergency Management Agency;
``(K) at least 1 representative of the
Navy;
``(L) at least 1 representative of the
Corps of Engineers;
``(M) at least 1 representative of the
United States Arctic Research Commission; and
``(N) at least 1 representative of each of
such other Federal agencies as the President
considers to be appropriate.
``(2) Chairperson.--The Commandant shall designate
a Chairperson from among the members of the Interagency
Committee selected under paragraph (1)(A).
``(3) Vice chairperson.--The Under Secretary shall
designate a Vice Chairperson from among the members of
the Interagency Committee selected under paragraph
(1)(B).
``(4) Meetings.--
``(A) Quarterly meetings.--At a minimum,
the members of the Interagency Committee shall
meet once each quarter.
``(B) Public summaries.--After each
meeting, a summary shall be made available by
the Chair or Vice Chair, as appropriate.
``(d) Duties of the Interagency Committee.--
``(1) Research.--The Interagency Committee shall--
``(A) coordinate a comprehensive program of
oil pollution research, technology development,
and demonstration among the Federal agencies,
in cooperation and coordination with industry,
4-year institutions of higher education and
research institutions, States, Indian tribes,
and other countries, as appropriate; and
``(B) foster cost-effective research
mechanisms, including the joint funding of
research and the development of public-private
partnerships for the purpose of expanding
research.
``(2) Oil pollution research and technology plan.--
``(A) Implementation plan.--Not later than
180 days after the date of enactment of the
Elijah E. Cummings Coast Guard Authorization
Act of 2020, the Interagency Committee shall
submit to Congress a research plan to report on
the state of oil discharge prevention and
response capabilities that--
``(i) identifies current research
programs conducted by Federal agencies,
States, Indian tribes, 4-year
institutions of higher education, and
corporate entities;
``(ii) assesses the current status
of knowledge on oil pollution
prevention, response, and mitigation
technologies and effects of oil
pollution on the environment;
``(iii) identifies significant oil
pollution research gaps, including an
assessment of major technological
deficiencies in responses to past oil
discharges;
``(iv) establishes national
research priorities and goals for oil
pollution technology development
related to prevention, response,
mitigation, and environmental effects;
``(v) assesses the research on the
applicability and effectiveness of the
prevention, response, and mitigation
technologies to each class of oil;
``(vi) estimates the resources
needed to conduct the oil pollution
research and development program
established pursuant to subsection (e),
and timetables for completing research
tasks;
``(vii) summarizes research on
response equipment in varying
environmental conditions, such as in
currents, ice cover, and ice floes; and
``(viii) includes such other
information or recommendations as the
Interagency Committee determines to be
appropriate.
``(B) Advice and guidance.--
``(i) National academy of sciences
contract.--The Chair, through the
department in which the Coast Guard is
operating, shall contract with the
National Academy of Sciences to--
``(I) provide advice and
guidance in the preparation and
development of the research
plan;
``(II) assess the adequacy
of the plan as submitted, and
submit a report to Congress on
the conclusions of such
assessment; and
``(III) provide
organization guidance regarding
the implementation of the
research plan, including
delegation of topics and
research among Federal agencies
represented on the Interagency
Committee.
``(ii) NIST advice and guidance.--
The National Institute of Standards and
Technology shall provide the
Interagency Committee with advice and
guidance on issues relating to quality
assurance and standards measurements
relating to its activities under this
section.
``(C) 10-year updates.--Not later than 10
years after the date of enactment of the Elijah
E. Cummings Coast Guard Authorization Act of
2020, and every 10 years thereafter, the
Interagency Committee shall submit to Congress
a research plan that updates the information
contained in the previous research plan
submitted under this subsection.''.
Subtitle B--Shipping
SEC. 8311. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS;
APPLICATION.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (B), by adding ``and'' after
the semicolon at the end;
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 8312. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs
(A) and (B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States
and is at least 3 years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at
least 3 years before the certificate
requested under subsection (b) would
take effect.''; and
(2) in subsection (b), by inserting ``12132,''
after ``12113,''.
SEC. 8313. NON-OPERATING INDIVIDUAL.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall not enforce section 8701 of
title 46, United States Code, with respect to the following:
(1) A vessel with respect to individuals, other
than crew members required by the Certificate of
Inspection or to ensure the safe navigation of the
vessel and not a member of the steward's department,
engaged on board for the sole purpose of carrying out
spill response activities, salvage, marine
firefighting, or commercial diving business or
functions from or on any vessel, including marine
firefighters, spill response personnel, salvage
personnel, and commercial divers and diving support
personnel.
(2) An offshore supply vessel, an industrial vessel
(as such term is defined in section 90.10-16 of title
46, Code of Federal Regulations), or other similarly
engaged vessel with respect to persons engaged in the
business of the ship on board the vessel--
(A) for--
(i) supporting or executing the
industrial business or function of the
vessel;
(ii) brief periods to conduct
surveys or investigations, assess crew
competence, conduct vessel trials,
provide extraordinary security
resources, or similar tasks not
traditionally performed by the vessel
crew; or
(iii) performing maintenance tasks
on equipment under warranty, or on
equipment not owned by the vessel
owner, or maintenance beyond the
capability of the vessel crew to
perform; and
(B) not the master or crew members required
by the certificate of inspection and not a
member of the steward's department.
(b) Sunset.--The prohibition in subsection (a) shall
terminate on the date that is 2 years after the date of the
enactment of this Act.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report detailing recommendations to
ensure that personnel working on a vessel who perform
work or operate equipment on such vessel not related to
the operation of the vessel itself undergo a background
check and the appropriate training necessary to ensure
personnel safety and the safety of the vessel's crew.
(2) Contents.--The report required under paragraph
(1) shall include, at a minimum, a discussion of--
(A) options and recommendations for
ensuring that the individuals covered by
subsection (a) are appropriately screened to
mitigate security and safety risks, including
to detect substance abuse;
(B) communication and collaboration between
the Coast Guard, the department in which the
Coast Guard is operating, and relevant
stakeholders regarding the development of
processes and requirements for conducting
background checks and ensuring such individuals
receive basic safety familiarization and basic
safety training approved by the Coast Guard;
(C) any identified legislative changes
necessary to implement effective training and
screening requirements for individuals covered
by subsection (a); and
(D) the timeline and milestones for
implementing such requirements.
SEC. 8314. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL.
Chapter 701 of title 46, United States Code, is amended--
(1) in section 70107--
(A) in subsection (a), by striking ``law
enforcement personnel'' and inserting ``public
safety personnel'';
(B) in subsection (b)(8), by striking ``law
enforcement personnel--'' and inserting
``public safety personnel--''; and
(C) in subsection (c)(2)(C), by striking
``law enforcement agency personnel'' and
inserting ``public safety personnel''; and
(2) in section 70132--
(A) in subsection (a), by striking ``law
enforcement personnel--'' and inserting
``public safety personnel--'';
(B) in subsection (b), by striking ``law
enforcement personnel'' each place it appears
and inserting ``public safety personnel''; and
(C) by adding at the end the following:
``(d) Public Safety Personnel Defined.--For the purposes of
this section, the term `public safety personnel' includes any
Federal, State (or political subdivision thereof), territorial,
or Tribal law enforcement officer, firefighter, or emergency
response provider.''.
SEC. 8315. MARITIME TRANSPORTATION ASSESSMENT.
Section 55501(e) of title 46, United States Code, is
amended--
(1) in paragraph (2), by striking ``an assessment
of the condition'' and inserting ``a conditions and
performance analysis'';
(2) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(3) in paragraph (5), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) a compendium of the Federal programs engaged
in the maritime transportation system.''.
SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
(a) In General.--Section 4312 of title 46, United States
Code, is amended--
(1) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the
following:
``(b) Use Requirement.--
``(1) In general.--An individual operating a
covered recreational vessel shall use an engine cut-off
switch link while operating on plane or above
displacement speed.
``(2) Exceptions.--The requirement under paragraph
(1) shall not apply if--
``(A) the main helm of the covered vessel
is installed within an enclosed cabin; or
``(B) the vessel does not have an engine
cut-off switch and is not required to have one
under subsection (a).''.
(b) Civil Penalty.--Section 4311 of title 46, United States
Code, is amended by--
(1) redesignating subsections (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), and (h),
respectively; and
(2) inserting after subsection (b) the following:
``(c) A person violating section 4312(b) of this title is
liable to the United States Government for a civil penalty of
not more than--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.''.
(c) Effective Date.--The amendments made in subsections (a)
and (b) shall take effect 90 days after the date of the
enactment of this section, unless the Commandant, prior to the
date that is 90 days after the date of the enactment of this
section, determines that the use requirement enacted in
subsection (a) would not promote recreational boating safety.
SEC. 8317. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED
PASSENGER VESSEL REQUIREMENTS.
Section 8905 of title 46, United States Code, is amended by
adding at the end the following:
``(c) After consultation with the Governor of Alaska and
the State boating law administrator of Alaska, the Secretary
may exempt an individual operating a self-propelled uninspected
passenger vessel from the requirements of section 8903 of this
title, if--
``(1) the individual only operates such vessel
wholly within waters located in Alaska; and
``(2) such vessel is--
``(A) 26 feet or less in length; and
``(B) carrying not more than 6
passengers.''.
SEC. 8318. EXEMPTIONS AND EQUIVALENTS.
(a) In General.--Section 4305 of title 46, United States
Code, is amended--
(1) by striking the heading and inserting the
following:
``Sec. 4305. Exemptions and equivalents'';
(2) by striking ``If the Secretary'' and inserting
the following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--The Secretary may accept a substitution
for associated equipment performance or other safety standards
for a recreational vessel if the substitution provides an
equivalent level of safety.''.
(b) Clerical Amendment.--The analysis for chapter 43 of
title 46, United States Code, is amended by striking the item
relating to section 4305 and inserting the following:
``4305. Exemptions and equivalents.''.
SEC. 8319. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Not later than 60 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the Coast Guard's
implementation of section 7106 of title 46, United States
Code--
(1) an overview of the manner in which the Coast
Guard manages and processes renewal applications under
such section, including communication with the
applicant regarding application status;
(2) the number of applications received and
approved over the previous 2 years, or in the event
applications were denied, a summary detailing the
reasons for such denial;
(3) an accounting of renewal applications filed up
to 8 months in advance of the expiration of a pre-
existing license, including the processing of such
applications and communication with the applicant
regarding application status or any other extenuating
circumstances; and
(4) any other regulatory or statutory changes that
would be necessary to further improve the Coast Guard's
issuance of credentials to fully qualified mariners in
the most effective and efficient manner possible in
order to ensure a safe, secure, economically and
environmentally sound marine transportation system.
SEC. 8320. CERTIFICATE EXTENSIONS.
(a) In General.--Subchapter I of chapter 121 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 12108. Authority to extend duration of vessel certificates
``(a) Certificates.--Provided a vessel is in compliance
with inspection requirements in section 3313, the Secretary of
the department in which in the Coast Guard is operating may, if
the Secretary makes the determination described in subsection
(b), extend, for a period of not more than 1 year, an expiring
certificate of documentation issued for a vessel under chapter
121.
``(b) Determination.--The determination referred to in
subsection (a) is a determination that such extension is
required to enable the Coast Guard to--
``(1) eliminate a backlog in processing
applications for such certificates; or
``(2) act in response to a national emergency or
natural disaster.
``(c) Manner of Extension.--Any extension granted under
this section may be granted to individual vessels or to a
specifically identified group of vessels.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 121 of title 46, United States Code, is amended by
adding at the end the following:
``12108. Authority to extend duration of vessel certificates.''.
SEC. 8321. VESSEL SAFETY STANDARDS.
(a) Fishing Safety Training Grants Program.--Subsection (i)
of section 4502 of title 46, United States Code, is amended--
(1) in paragraph (3), by striking ``50 percent''
and inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and
inserting ``2021''.
(b) Fishing Safety Research Grant Program.--Subsection (j)
of such section is amended--
(1) in paragraph (3), by striking ``50 percent''
and inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and
inserting ``2021''.
(c) Fishing Safety Grants.--The cap on the Federal share of
the cost of any activity carried out with a grant under
subsections (i) and (j) of section 4502 of title 46, United
States Code, as in effect prior to the date of enactment of the
Frank LoBiondo Coast Guard Authorization Act of 2018, shall
apply to any funds appropriated under the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the purpose of
making such grants.
SEC. 8322. MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 3509. Medical standards
``The owner of a vessel to which section 3507 applies shall
ensure that--
``(1) a physician is always present and available
to treat any passengers who may be on board the vessel
in the event of an emergency situation;
``(2) the vessel is in compliance with the Health
Care Guidelines for Cruise Ship Medical Facilities
established by the American College of Emergency
Physicians; and
``(3) the initial safety briefing given to the
passengers on board the vessel includes--
``(A) the location of the vessel's medical
facilities; and
``(B) the appropriate steps passengers
should follow during a medical emergency.''.
(b) Clerical Amendment.--The analysis for chapter 35 of
title 46, United States Code, is amended by adding at the end
the following:
``3509. Medical standards.''.
Subtitle C--Advisory Committees
SEC. 8331. ADVISORY COMMITTEES.
(a) National Offshore Safety Advisory Committee;
Representation.--Section 15106(c)(3) of title 46, United States
Code, is amended--
(1) in subparagraph (C), by striking ``mineral and
oil operations, including geophysical services'' and
inserting ``operations'';
(2) in subparagraph (D), by striking ``exploration
and recovery'';
(3) in subparagraph (E), by striking ``engaged in
diving services related to offshore construction,
inspection, and maintenance'' and inserting ``providing
diving services to the offshore industry'';
(4) in subparagraph (F), by striking ``engaged in
safety and training services related to offshore
exploration and construction'' and inserting
``providing safety and training services to the
offshore industry'';
(5) in subparagraph (G), by striking ``engaged in
pipelaying services related to offshore construction''
and inserting ``providing subsea engineering,
construction, or remotely operated vehicle support to
the offshore industry'';
(6) in subparagraph (H), by striking ``mineral and
energy'';
(7) in subparagraph (I), by inserting ``and
entities providing environmental protection,
compliance, or response services to the offshore
industry'' after ``national environmental entities'';
and
(8) in subparagraph (J), by striking ``deepwater
ports'' and inserting ``entities engaged in offshore
oil exploration and production on the Outer Continental
Shelf adjacent to Alaska''.
(b) Technical Corrections.--Section 15109 of title 46,
United States Code, is amended by inserting ``or to which this
chapter applies'' after ``committee established under this
chapter'' each place it appears.
SEC. 8332. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE.
(a) Maritime Transportation System National Advisory
Committee.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 55502. Maritime Transportation System National Advisory
Committee
``(a) Establishment.--There is established a Maritime
Transportation System National Advisory Committee (in this
section referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
of Transportation on matters relating to the United States
maritime transportation system and its seamless integration
with other segments of the transportation system, including the
viability of the United States Merchant Marine.
``(c) Membership.--
``(1) In general.--The Committee shall consist of
27 members appointed by the Secretary of Transportation
in accordance with this section and section 15109.
``(2) Expertise.--Each member of the Committee
shall have particular expertise, knowledge, and
experience in matters relating to the function of the
Committee.
``(3) Representation.--Members of the Committee
shall be appointed as follows:
``(A) At least one member shall represent
the Environmental Protection Agency.
``(B) At least one member shall represent
the Department of Commerce.
``(C) At least one member shall represent
the Corps of Engineers.
``(D) At least one member shall represent
the Coast Guard.
``(E) At least one member shall represent
Customs and Border Protection.
``(F) At least one member shall represent
State and local governmental entities.
``(G) Additional members shall represent
private sector entities that reflect a cross-
section of maritime industries, including port
and water stakeholders, academia, and labor.
``(H) The Secretary may appoint additional
representatives from other Federal agencies as
the Secretary considers appropriate.
``(4) Restrictions on members representing federal
agencies.--Members of the Committee that represent
Federal agencies shall not--
``(A) comprise more than one-third of the
total membership of the Committee or of any
subcommittee therein; or
``(B) serve as the chair or co-chair of the
Committee or of any subcommittee therein.
``(5) Administration.--For purposes of section
15109--
``(A) the Committee shall be treated as a
committee established under chapter 151; and
``(B) the Secretary of Transportation shall
fulfill all duties and responsibilities and
have all authorities of the Secretary of
Homeland Security with regard to the
Committee.''.
(b) Treatment of Existing Committee.--Notwithstanding any
other provision of law--
(1) an advisory committee substantially similar to
the Committee established by section 55502 of title 46,
United States Code, and that was in force or in effect
on the day before the date of the enactment of this
Act, including the charter, membership, and other
aspects of such advisory committee, may remain in force
or in effect for the 2-year period beginning on the
date of the enactment of this section; and
(2) during such 2-year period--
(A) requirements relating the Maritime
Transportation System National Advisory
Committee established by such section shall be
treated as satisfied by such substantially
similar advisory committee; and
(B) the enactment of this section shall not
be the basis--
(i) to deem, find, or declare such
committee, including the charter,
membership, and other aspects thereof,
void, not in force, or not in effect;
(ii) to suspend the activities of
such committee; or
(iii) to bar the members of such
committee from a meeting.
(c) Clerical Amendment.--The analysis for chapter 555 of
title 46, United States Code, is amended by adding at the end
the following:
``55502. Maritime Transportation System National Advisory Committee.''.
(d) Marine Highways.--
(1) Repeal.--Section 55603 of title 46, United
States Code, and the item relating to that section in
the analysis for chapter 556 of that title, are
repealed.
(2) Marine highways program.--The chapter heading
of chapter 556 of title 46, United States Code, is
amended to read ``MARINE HIGHWAYS''.
(3) Marine highways.--Section 55601 of title 46,
United States Code, is amended--
(A) in the section heading by striking
``Short sea'' and inserting ``Marine
highways'';
(B) by striking ``short sea'' and inserting
``marine highway'' each place such term
appears;
(C) in subsection (a)--
(i) by striking ``transportation
program'' and inserting
``transportation program to be known as
the `America's Marine highway
program'''; and
(ii) by striking ``mitigate
landside congestion or to promote short
sea transportation'' and insert
``provide a coordinated and capable
alternative to landside transportation
or to promote marine highway
transportation''; and
(D) in subsection (b)--
(i) in the subsection heading by
striking ``Short Sea Transportation''
and inserting ``Marine Highway
Transportation''; and
(ii) by striking paragraph (1) and
inserting the following:
``(1) vessels documented under chapter 121 of this
title;''.
(4) Cargo and shippers; interagency coordination
and research.--Sections 55602 and 55604 of title 46,
United States Code, are amended by striking ``short
sea'' and inserting ``marine highway'' each place such
term appears.
(5) Research on marine highways transportation.--
Section 55604 of title 46, United States Code, is
amended in the section heading by striking ``short
sea'' and inserting ``marine highway''
(6) Definition.--Section 55605 of title 46, United
States Code, is amended--
(A) in the section heading by striking
``Short sea'' and inserting ``Marine highway'';
and
(B) by striking ``short sea
transportation'' and inserting ``marine highway
transportation''.
(7) Clerical amendments.--The analysis for chapter
556 of title 46, United States Code, is amended--
(A) by striking the item related to chapter
556 and inserting the following:
``Chapter 556--Marine Highways'';
(B) by striking the item related to section
55601 and inserting the following:
``55601. Marine highways transportation program.'';
(C) by striking the item related to section
55604 and inserting the following:
``55604. Research on marine highway transportation.''; and
(D) by striking the item related to section
55605 and inserting the following:
``55605. Marine highway transportation defined.''.
SEC. 8333. EXPIRED MARITIME LIENS.
Section 31343(e) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' before ``A notice''; and
(2) by inserting after paragraph (1), as so
designated by this section, the following:
``(2) On expiration of a notice of claim of lien under
paragraph (1), and after a request by the vessel owner, the
Secretary shall annotate the abstract of title to reflect the
expiration of the lien.''.
SEC. 8334. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
(a) In General.--Section 9307 of title 46, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``seven''
and inserting ``8''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by
striking ``representing the interests
of'' and inserting ``chosen from among
nominations made by'';
(ii) in subparagraph (C), by
striking ``representing the interests
of Great Lakes ports'' and inserting
``chosen from among nominations made by
Great Lakes port authorities and marine
terminals'';
(iii) in subparagraph (D)--
(I) by striking
``representing the interests
of'' and inserting ``chosen
from among nominations made
by''; and
(II) by striking ``; and''
and inserting a semicolon;
(iv) by redesignating subparagraph
(E) as subparagraph (F);
(v) by inserting after subparagraph
(D) the following:
``(E) one member chosen from among nominations made
by Great Lakes maritime labor organizations; and''; and
(vi) in subparagraph (F), as so
redesignated, by striking ``with a
background in finance or accounting,'';
and
(2) in subsection (f)(1), by striking ``2020'' and
inserting ``2030''.
(b) Committee Deemed Not Expired.--Notwithstanding section
9307(f)(1) of title 46, United States Code, in any case in
which the date of enactment of this Act occurs after September
30, 2020, the Great Lakes Pilotage Advisory Committee in
existence as of September 30, 2020, shall be deemed not expired
during the period beginning on September 30, 2020 through the
date of enactment of this Act. Accordingly, the committee
membership, charter, and the activities of such Committee shall
continue as though such Committee had not expired.
SEC. 8335. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.
(a) National Commercial Fishing Safety Advisory
Committee.--
(1) Amendments to section 15102.--Section 15102 of
title 46, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``and
provide recommendations in
writing to'' after ``advise'';
and
(II) in subparagraph (E),
by striking ``and'' after the
semicolon; and
(ii) in paragraph (2)--
(I) by striking the period
and inserting ``; and''; and
(II) by adding at the end
the following:
``(3) review marine casualties and investigations
of vessels covered by chapter 45 of this title and make
recommendations to the Secretary to improve safety and
reduce vessel casualties.''; and
(B) by adding at the end the following:
``(d) Quorum.--A quorum of 10 members is required to send
any written recommendations from the Committee to the
Secretary.
``(e) Savings Clause.--Nothing in this section shall
preclude the Secretary from taking emergency action to ensure
safety and preservation of life at sea.''.
(2) Amendments to section 15109.--Section 15109 of
title 46, United States Code, is amended--
(A) in subsection (a)--
(i) by striking ``Each'' and
inserting the following:
``(1) In general.--Except as provided in paragraph
(2), each''; and
(ii) by adding at the end the
following:
``(2) Minimum requirements.--The committee
established under section 15102, shall--
``(A) meet in-person, not less frequently
than twice each year, at the call of the
Secretary of a majority of the members of the
committee;
``(B) hold additional meetings as
necessary;
``(C) post the minutes of each meeting of
the committee on a publicly available website
not later than 2 weeks after the date on which
a meeting concludes; and
``(D) provide reasonable public notice of
any meeting of the committee, and publish such
notice in the Federal Register and on a
publicly available website.'';
(B) in subsection (f)(8)--
(i) by striking ``Notwithstanding''
and inserting the following:
``(A) Reappointment.--Notwithstanding'';
and
(ii) by adding at the end the
following:
``(B) Limitation.--With respect to the
committee established under section 15102,
members may serve not more than 3 terms.'';
(C) in subsection (j)(3)--
(i) in subparagraph (B), by
striking ``and'';
(ii) in subparagraph (C), by
striking the period and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(D) make all responses required by
subparagraph (C) which are related to
recommendations made by the committee
established under section 15102 available to
the public not later than 30 days after the
date of response.'';
(D) by amending subsection (k) to read as
follows:
``(k) Observers.--
``(1) In general.--Any Federal agency with matters
under such agency's administrative jurisdiction related
to the function of a committee established under this
chapter may designate a representative to--
``(A) attend any meeting of such committee;
and
``(B) participate as an observer at
meetings of such committee that relate to such
a matter.
``(2) National commercial fishing safety advisory
committee.--With respect to the committee established
under section 15102, the Commandant of the Coast Guard
shall designate a representative under paragraph
(1).'';
(E) in subsection (l), by striking ``2027''
and inserting ``2029'';
(F) by redesignating subsection (l) as
subsection (m);
(G) by inserting after subsection (k) the
following:
``(l) Technical Assistance.--
``(1) In general.--The Secretary shall provide
technical assistance to the Committee if requested by
the Chairman.
``(2) Committee consultation.--With respect to the
committee established under section 15102, the Chairman
of the committee shall seek expertise from the fishing
industry, marine safety experts, the shipbuilding
industry, and others as the committee determines
appropriate.''; and
(H) by adding at the end the following:
``(n) Savings Clause.--Nothing in this section shall
preclude the Secretary from taking emergency action to ensure
safety and preservation of life at sea.''.
SEC. 8336. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN
REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY
SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS
COMMISSION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
(b) Exemption.--Subject to subsection (c), the Federal
Communications Commission shall exempt fishing vessels that
primarily operate in the Alaskan Region, including fishing
vessels that transit from States in the Pacific Northwest to
conduct fishing operations in the Alaskan Region, from the
requirements relating to carriage of VHF-DSC and MF-DSC
equipment under subpart W of part 80 of title 47, Code of
Federal Regulations, or any successor regulation.
(c) Functional Requirements.--A fishing vessel exempted
under subsection (b) shall--
(1) be capable of transmitting ship-to-shore
distress alerts using not fewer than 2 separate and
independent systems, each using a different radio
communication service;
(2) be equipped with--
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone
installation;
(C) a Category 1, 406.0-406.1 MHz EPIRB
meeting the requirements of section 80.1061 of
title 47, Code of Federal Regulations, or any
successor regulation;
(D) a NAVTEX receiver meeting the
requirements of section 80.1101(c)(1) of title
47, Code of Federal Regulations, or any
successor regulation;
(E) survival craft equipment meeting the
requirements of section 80.1095 of title 47,
Code of Federal Regulations, or any successor
regulation; and
(F) a Search and Rescue Transponder meeting
the requirements of section 80.1101(c)(6) of
title 47, Code of Federal Regulations, or any
successor regulation;
(3) maintain a continuous watch on VHF Channel 16;
and
(4) as an alternative to the equipment listed in
subparagraphs (A) through (F) of paragraph (2), carry
equipment found by the Federal Communications
Commission, in consultation with the Secretary, to be
equivalent or superior with respect to ensuring the
safety of the vessel.
(d) Definition of Alaskan Region.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
define the term ``Alaskan Region'' for purposes of this
section. The Secretary shall include in the definition of such
term the area of responsibility of Coast Guard District 17.
Subtitle D--Ports
SEC. 8341. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
Section 70116 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``, cyber
incidents, transnational organized crime, and foreign
state threats'' after ``an act of terrorism'';
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting
``cyber incidents, transnational organized
crime, and foreign state threats'' after
``terrorism'' each place it appears; and
(B) in paragraph (3)--
(i) by striking ``armed'' and
inserting ``, armed (as needed),''; and
(ii) by striking ``terrorism or
transportation security incidents,''
and inserting ``terrorism, cyber
incidents, transnational organized
crime, foreign state threats, or
transportation security incidents,'';
and
(3) in subsection (c)--
(A) by striking ``70034,'' and inserting
``70033,''; and
(B) by adding at the end the following new
sentence: ``When preventing or responding to
acts of terrorism, cyber incidents,
transnational organized crime, or foreign state
threats, the Secretary may carry out this
section without regard to chapters 5 and 6 of
title 5 or Executive Order Nos. 12866 and
13563.''.
SEC. 8342. AIMING LASER POINTER AT VESSEL.
(a) In General.--Subchapter II of chapter 700 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 70014. Aiming laser pointer at vessel
``(a) Prohibition.--It shall be unlawful to cause the beam
of a laser pointer to strike a vessel operating on the
navigable waters of the United States.
``(b) Exceptions.--This section shall not apply to a member
or element of the Department of Defense or Department of
Homeland Security acting in an official capacity for the
purpose of research, development, operations, testing, or
training.
``(c) Laser Pointer Defined.--In this section the term
`laser pointer' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a
beam designed to be used by the operator as a pointer or
highlighter to indicate, mark, or identify a specific position,
place, item, or object.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 700 of title 46, United States Code, is amended by
adding at the end the following:
``70014. Aiming laser pointer at vessel.''.
SEC. 8343. SAFETY OF SPECIAL ACTIVITIES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct a 2-year pilot
program to establish and implement a process to--
(1) establish safety zones to address special
activities in the exclusive economic zone;
(2) account for the number of safety zones
established for special activities;
(3) differentiate whether an applicant who requests
a safety zone for such activities is--
(A) an individual;
(B) an organization; or
(C) a government entity; and
(4) account for Coast Guard resources utilized to
enforce safety zones established for special
activities, including--
(A) the number of Coast Guard or Coast
Guard Auxiliary vessels used; and
(B) the number of Coast Guard or Coast
Guard Auxiliary patrol hours required.
(b) Briefing.--Not later than 180 days after the expiration
of the 2-year pilot program, the Commandant shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding--
(1) the process required under subsection (a); and
(2) whether the authority to establish safety zones
to address special activities in the exclusive economic
zone should be extended or made permanent in the
interest of safety.
(c) Definitions.--In this section:
(1) Safety zone.--The term ``safety zone'' has the
meaning given such term in section 165.20 of title 33,
Code of Federal Regulations.
(2) Special activities.--The term ``special
activities'' includes--
(A) space activities, including launch and
reentry, as such terms are defined in section
50902 of title 51, United States Code, carried
out by United States citizens; and
(B) offshore energy development activities,
as described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)), on or near a fixed platform.
(3) United states citizen.--The term ``United
States citizen'' has the meaning given the term
``eligible owners'' in section 12103 of title 46,
United States Code.
(4) Fixed platform.--The term ``fixed platform''
means an artificial island, installation, or structure
permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other
economic purposes.
SEC. 8344. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) by amending subsection (b)(3) to read as
follows:
``(3) The Secretary shall review and approve Area
Maritime Transportation Security Plans and updates
under this subsection.''; and
(2) in subsection (c)(4), by inserting ``or
update'' after ``plan'' each place it appears.
SEC. 8345. VESSEL TRAFFIC SERVICE.
Section 70001 of title 46, United States Code, is amended
to read as follows:
``Sec. 70001. Vessel traffic services
``(a) In General.--Subject to the requirements of section
70004, the Secretary--
``(1) in any port or place under the jurisdiction
of the United States, in the navigable waters of the
United States, or in any area covered by an
international agreement negotiated pursuant to section
70005, may construct, operate, maintain, improve, or
expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic
or for protecting navigation and the marine environment
and that may include one or more of reporting and
operating requirements, surveillance and communications
systems, routing systems, and fairways;
``(2) shall require appropriate vessels that
operate in an area of a vessel traffic service to
utilize or comply with that service;
``(3) may require vessels to install and use
specified navigation equipment, communications
equipment, electronic relative motion analyzer
equipment, or any electronic or other device necessary
to comply with a vessel traffic service or that is
necessary in the interests of vessel safety, except
that the Secretary shall not require fishing vessels
under 300 gross tons as measured under section 14502,
or an alternate tonnage measured under section 14302 as
prescribed by the Secretary under section 14104, or
recreational vessels 65 feet or less to possess or use
the equipment or devices required by this subsection
solely under the authority of this chapter;
``(4) may control vessel traffic in areas subject
to the jurisdiction of the United States that the
Secretary determines to be hazardous, or under
conditions of reduced visibility, adverse weather,
vessel congestion, or other hazardous circumstances,
by--
``(A) specifying times of entry, movement,
or departure;
``(B) establishing vessel traffic routing
schemes;
``(C) establishing vessel size, speed, or
draft limitations and vessel operating
conditions; and
``(D) restricting operation, in any
hazardous area or under hazardous conditions,
to vessels that have particular operating
characteristics or capabilities that the
Secretary considers necessary for safe
operation under the circumstances;
``(5) may require the receipt of prearrival
messages from any vessel, destined for a port or place
subject to the jurisdiction of the United States, in
sufficient time to permit advance vessel traffic
planning before port entry, which shall include any
information that is not already a matter of record and
that the Secretary determines necessary for the control
of the vessel and the safety of the port or the marine
environment; and
``(6) may prohibit the use on vessels of electronic
or other devices that interfere with communication and
navigation equipment, except that such authority shall
not apply to electronic or other devices certified to
transmit in the maritime services by the Federal
Communications Commission and used within the frequency
bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
``(b) National Policy.--
``(1) Establishment and update of national
policy.--
``(A) Establishment of policy.--Not later
than one year after the date of enactment of
this section, the Secretary shall establish a
national policy which is inclusive of local
variances permitted under subsection (c), to be
applied to all vessel traffic service centers
and publish such policy in the Federal
Register.
``(B) Update.--The Secretary shall
periodically update the national policy
established under subparagraph (A) and shall
publish such update in the Federal Register or
on a publicly available website.
``(2) Elements.--The national policy established
and updated under paragraph (1) shall include, at a
minimum, the following:
``(A) Standardization of titles, roles, and
responsibilities for all personnel assigned,
working, or employed in a vessel traffic
service center.
``(B) Standardization of organizational
structure within vessel traffic service
centers, to include supervisory and reporting
chain and processes.
``(C) Establishment of directives for the
application of authority provided to each
vessel traffic service center, specifically
with respect to directing or controlling vessel
movement when such action is justified in the
interest of safety.
``(D) Establishment of thresholds and
measures for monitoring, informing,
recommending, and directing vessel traffic.
``(E) Establishment of national procedures
and protocols for vessel traffic management.
``(F) Standardization of training for all
vessel traffic service directors, operators,
and watchstanders.
``(G) Establishment of certification and
competency evaluation for all vessel traffic
service directors, operators, and
watchstanders.
``(H) Establishment of standard operating
language when communicating with vessel traffic
users.
``(I) Establishment of data collection,
storage, management, archiving, and
dissemination policies and procedures for
vessel incidents and near-miss incidents.
``(c) Local Variances.--
``(1) Development.--In this section, the Secretary
may provide for such local variances as the Secretary
considers appropriate to account for the unique vessel
traffic, waterway characteristics, and any additional
factors that are appropriate to enhance navigational
safety in any area where vessel traffic services are
provided.
``(2) Review and approval by secretary.--The
Captain of the Port covered by a vessel traffic service
center may develop and submit to the Secretary regional
policies in addition to the national policy established
and updated under subsection (b) to account for
variances from that national policy with respect to
local vessel traffic conditions and volume, geography,
water body characteristics, waterway usage, and any
additional factors that the Captain considers
appropriate.
``(3) Review and implementation.--Not later than
180 days after receiving regional policies under
paragraph (2)--
``(A) the Secretary shall review such
regional policies; and
``(B) the Captain of the port concerned
shall implement the policies that the Secretary
approves.
``(4) Maintenance.--The Secretary shall maintain a
central depository for all local variances approved
under this section.
``(d) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into
cooperative agreements with public or private agencies,
authorities, associations, institutions, corporations,
organizations, or other persons to carry out the
functions under subsection (a)(1).
``(2) International coordination.--With respect to
vessel traffic service areas that cross international
boundaries, the Secretary may enter into bilateral or
cooperative agreements with international partners to
jointly carry out the functions under subsection (a)(1)
and to jointly manage such areas to collect, share,
assess, and analyze information in the possession or
control of the international partner.
``(3) Limitation.--
``(A) Inherently governmental function.--A
nongovernmental entity may not under this
subsection carry out an inherently governmental
function.
``(B) Definition of inherently governmental
function.--In this paragraph, the term
`inherently governmental function' means any
activity that is so intimately related to the
public interest as to mandate performance by an
officer or employee of the Federal Government,
including an activity that requires either the
exercise of discretion in applying the
authority of the Government or the use of
judgment in making a decision for the
Government.
``(4) Disclosure.--The Commandant of the Coast
Guard shall de-identify information prior to release to
the public, including near miss incidents.
``(e) Performance Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a standard method for evaluating the
performance of vessel traffic service centers.
``(2) Elements.--The standard method developed and
implemented under paragraph (1) shall include, at a
minimum, analysis and collection of data with respect
to the following within a vessel traffic service area
covered by each vessel traffic service center:
``(A) Volume of vessel traffic, categorized
by type of vessel.
``(B) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type as
provided in the Notice of Arrival, if
applicable, or as determined by other means.
``(C) Data on near-miss incidents.
``(D) Data on marine casualties.
``(E) Application by vessel traffic
operators of traffic management authority
during near-miss incidents and marine
casualties.
``(F) Other additional methods as the
Secretary considers appropriate.
``(3) Report.--Not later than 1 year after the date
of the enactment of this paragraph, and biennially
thereafter, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the
evaluation conducted under paragraph (1) of the
performance of vessel traffic service centers,
including--
``(A) recommendations to improve safety and
performance; and
``(B) data regarding marine casualties and
near-miss incidents that have occurred during
the period covered by the report.
``(f) Risk Assessment Program.--
``(1) In general.--The Secretary shall develop a
continuous risk assessment program to evaluate and
mitigate safety risks for each vessel traffic service
area to improve safety and reduce the risks of oil and
hazardous material discharge in navigable waters.
``(2) Method for assessment.--The Secretary, in
coordination with stakeholders and the public, shall
develop a standard method for conducting risk
assessments under paragraph (1) that includes the
collection and management of all information necessary
to identify and analyze potential hazardous
navigational trends within a vessel traffic service
area.
``(3) Information to be assessed.--
``(A) In general.--The Secretary shall
ensure that a risk assessment conducted under
paragraph (1) includes an assessment of the
following:
``(i) Volume of vessel traffic,
categorized by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type
as provided in the Notice of Arrival,
if applicable, or as determined by
other means.
``(iii) Data on near-miss events
incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for
near-miss events incidents and marine
casualties, including latitude and
longitude.
``(vi) Cyclical risk factors such
as weather, seasonal water body
currents, tides, bathymetry, and
topography.
``(vii) Weather data, in
coordination with the National Oceanic
and Atmospheric Administration.
``(B) Information storage and management
policies.--The Secretary shall retain all
information collected under subparagraph (A)
and ensure policies and procedures are in place
to standardize the format in which that
information is retained to facilitate
statistical analysis of that information to
calculate within a vessel traffic service area,
at a minimum, the incident rate, intervention
rate, and casualty prevention rate.
``(4) Public availability.--
``(A) Assessments and information.--In
accordance with section 552 of title 5, the
Secretary shall make any risk assessments
conducted under paragraph (1) and any
information collected under paragraph (3)(A)
available to the public.
``(B) Information in possession or control
of international partners.--The Secretary shall
endeavor to coordinate with international
partners as described in subsection (d)(2) to
enter into agreements to make information
collected, shared, and analyzed under that
paragraph available to the public.
``(C) Disclosure.--The Commandant of the
Coast Guard shall de-identify information prior
to release to the public, including near-miss
incidents.
``(g) Vessel Traffic Service Training.--
``(1) Training program.--
``(A) In general.--The Secretary shall
develop a comprehensive nationwide training
program for all vessel traffic service
directors, operators, and watchstanders.
``(B) Elements.--The comprehensive
nationwide training program under subparagraph
(A) and any variances to that program under
subsection (c) shall include, at a minimum, the
following:
``(i) Realistic vessel traffic
scenarios to the maximum extent
practicable that integrate--
``(I) the national policy
developed under subsection (b);
``(II) international rules
under the International
Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.);
``(III) inland navigation
rules under part 83 of title
33, Code of Federal
Regulations;
``(IV) the application of
vessel traffic authority; and
``(V) communication with
vessel traffic service users.
``(ii) Proficiency training with
respect to use, interpretation, and
integration of available data on vessel
traffic service display systems such as
radar, and vessel automatic
identification system feeds.
``(iii) Practical application of--
``(I) the international
rules under the International
Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.); and
``(II) the inland
navigation rules under part 83
of title 33, Code of Federal
Regulations.
``(iv) Proficiency training with
respect to the operation of radio
communications equipment and any other
applicable systems necessary to execute
vessel traffic service authorities.
``(v) Incorporation of the Standard
Marine Communication Phrases adopted by
the International Maritime Organization
by resolution on April 4, 2000, as
amended and consolidated, or any
successor resolution.
``(vi) Incorporation to the maximum
extent possible of guidance and
recommendations contained in vessel
traffic services operator training,
vessel traffic services supervisor
training, or other relevant training
set forth by the International
Association of Marine Aids to
Navigation and Lighthouse Authorities.
``(vii) A minimum number of hours
of training for an individual to
complete before the individual is
qualified to fill a vessel traffic
services position without supervision.
``(viii) Local area geographic and
operational familiarization.
``(ix) Such additional components
as the Secretary considers appropriate.
``(2) Standard competency qualification process.--
``(A) In general.--The Secretary shall
develop a standard competency qualification
process to be applied to all personnel
assigned, employed, or working in a vessel
traffic service center.
``(B) Application of process.--The
competency qualification process developed
under subparagraph (A) shall include measurable
thresholds for determining proficiency.
``(3) International and inland navigation rules
test.--
``(A) In general.--All personnel assigned,
employed, or working in a vessel traffic
service center with responsibilities that
include communicating, interacting, or
directing vessels within a vessel traffic
service area, as determined under the national
policy developed under subsection (b), shall be
required to pass a United States international
and inland navigation rules test developed by
the Secretary.
``(B) Elements of test.--The Secretary
shall determine the content and passing
standard for the rules test developed under
subparagraph (A).
``(C) Testing frequency.--The Secretary
shall establish a frequency, not to exceed once
every 5 years, for personnel described in
subparagraph (A) to be required to pass the
rules test developed under such subparagraph.
``(h) Research on Vessel Traffic.--
``(1) Vessel communication.--The Secretary shall
conduct research, in consultation with subject matter
experts identified by the Secretary, to develop more
effective procedures for monitoring vessel
communications on radio frequencies to identify and
address unsafe situations in a vessel traffic service
area. The Secretary shall consider data collected under
subparagraph (A) of subsection (f)(3).
``(2) Professional mariner representation.--
``(A) In general.--The Secretary shall
conduct research, in consultation with local
stakeholders and subject matter experts
identified by the Secretary, to evaluate and
determine the feasibility, costs and benefits
of representation by professional mariners on
the vessel traffic service watchfloor at each
vessel traffic service center.
``(B) Implementation.--The Secretary shall
implement representation by professional
mariners on the vessel traffic service
watchfloor at those vessel traffic service
centers for which it is determined feasible and
beneficial pursuant to research conducted under
subparagraph (A).
``(i) Inclusion of Identification System on Certain
Vessels.--
``(1) In general.--The National Navigation Safety
Advisory Committee shall advise and provide
recommendations to the Secretary on matters relating to
the practicability, economic costs, regulatory burden,
and navigational impact of outfitting vessels lacking
independent means of propulsion that carry flammable,
combustible, or hazardous liquid cargo with vessel
automatic identification systems.
``(2) Regulations.--Based on the evaluation under
paragraph (1), the Secretary shall prescribe such
regulations as the Secretary considers appropriate to
establish requirements relating to the outfitting of
vessels described in such subparagraph with vessel
automatic identification systems.
``(j) Periodic Review of Vessel Traffic Service Needs.--
``(1) In general.--Based on the performance
evaluation conducted under subsection (e) and the risk
assessment conducted under subsection (f), the
Secretary shall periodically review vessel traffic
service areas to determine--
``(A) if there are any additional vessel
traffic service needs in those areas; and
``(B) if a vessel traffic service area
should be moved or modified.
``(2) Information to be assessed.--
``(A) In general.--The Secretary shall
ensure that a review conducted under paragraph
(1) includes an assessment of the following:
``(i) Volume of vessel traffic,
categorized by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type
as provided in the Notice of Arrival,
if applicable, or as determined by
other means.
``(iii) Data on near miss
incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for
near-miss incidents and marine
casualties, including latitude and
longitude.
``(vi) Cyclical risk factors such
as weather, seasonal water body
currents, tides, bathymetry, and
topography.
``(vii) Weather data, in
coordination with the National Oceanic
and Atmospheric Administration.
``(3) Stakeholder input.--In conducting the
periodic reviews under paragraph (1), the Secretary
shall seek input from port and waterway stakeholders to
identify areas of increased vessel conflicts or marine
casualties that could benefit from the use of routing
measures or vessel traffic service special areas to
improve safety, port security, and environmental
protection.
``(4) Disclosure.--The Commandant of the Coast
Guard shall de-identify information prior to release to
the public, including near miss incidents.
``(k) Limitation of Liability for Coast Guard Vessel
Traffic Service Pilots and Non-Federal Vessel Traffic Service
Operators.--
``(1) Coast guard vessel traffic service pilots.--
Any pilot, acting in the course and scope of his or her
duties while at a Coast Guard Vessel Traffic Service
Center, who provides information, advice, or
communication assistance while under the supervision of
a Coast Guard officer, member, or employee shall not be
liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service
operators.--An entity operating a non-Federal vessel
traffic information service or advisory service
pursuant to a duly executed written agreement with the
Coast Guard, and any pilot acting on behalf of such
entity, is not liable for damages caused by or related
to information, advice, or communication assistance
provided by such entity or pilot while so operating or
acting unless the acts or omissions of such entity or
pilot constitute gross negligence or willful
misconduct.
``(l) Existing Authority.--Nothing in this section shall be
construed to alter the existing authorities of the Secretary to
enhance navigation, vessel safety, marine environmental
protection, and to ensure safety and preservation of life and
property at sea.
``(m) Definitions.--In this section:
``(1) Hazardous liquid cargo.--The term `hazardous
liquid cargo' has the meaning given that term in
regulations prescribed under section 5103 of title 49.
``(2) Marine casualty.--The term `marine casualty'
has the meaning given that term in regulations
prescribed under section 6101(a).
``(3) Vessel traffic service area.--The term
`vessel traffic service area' means an area specified
in subpart C of part 161 of title 33, Code of Federal
Regulations, or any successor regulation.
``(4) Vessel traffic service center.--The term
`vessel traffic service center' means a center for the
provision of vessel traffic services in a vessel
traffic service area.
``(5) Near miss incident.--The term `near miss
incident' means any occurrence or series of occurrences
having the same origin, involving one or more vessels,
facilities, or any combination thereof, resulting in
the substantial threat of a marine casualty.
``(6) De-identified.--The term `de-identified'
means the process by which all information that is
likely to establish the identity of the specific
persons or entities noted in the reports, data, or
other information is removed from the reports, data, or
other information.''.
SEC. 8346. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM.
Section 70105(g) of title 46, United States Code, is
amended by striking ``shall concurrently'' and all that follows
and inserting the following: ``shall--
``(1) develop and, no later than 2 years after the
date of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, implement a joint
application for merchant mariner's documents under
chapter 73 and for a transportation security card
issued under this section; and
``(2) upon receipt of a joint application developed
under paragraph (1) concurrently process an application
from an individual for merchant mariner's documents
under chapter 73 and an application from such
individual for a transportation security card under
this section.''.
TITLE LVXXXIV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the
United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.
Subtitle B--Maritime Domain Awareness
Sec. 8411. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.
Subtitle A--Navigation and Shipping
SEC. 8401. COASTWISE TRADE.
(a) In General.--The Commandant shall review the adequacy
of and continuing need for provisions in title 46, Code of
Federal Regulations, that require a United States vessel
documented under chapter 121 of title 46, United States Code,
possessing a coastwise endorsement under that chapter, and
engaged in coastwise trade, to comply with regulations for
vessels engaged in an international voyage.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the findings of the
review required under subsection (a) and a discussion of how
existing laws and regulations could be amended to ensure the
safety of vessels described in subsection (a) while infringing
as little as possible on commerce.
SEC. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE.
(a) Definitions.--In this section--
(1) the term ``Boundary Line'' has the meaning
given the term in section 103 of title 46, United
States Code;
(2) the term ``Officer in Charge, Marine
Inspection'' has the meaning given the term in section
3305(d)(4) of title 46, United States Code; and
(3) the term ``Secretary'' means the Secretary of
the Department in which the Coast Guard is operating.
(b) Interim Exemption.--A towing vessel described in
subsection (c) and a response vessel included on a vessel
response plan are exempt from any additional requirements of
subtitle II of title 46, United States Code, and chapter I of
title 33 and chapter I of title 46, Code of Federal Regulations
(as in effect on the date of the enactment of this Act), that
would result solely from such vessel operating outside the
Boundary Line, if--
(1) the vessel is--
(A) operating outside the Boundary Line
solely to perform regular harbor assist
operations; or
(B) listed as a response vessel on a vessel
response plan and is operating outside the
Boundary Line solely to perform duties of a
response vessel;
(2) the vessel is approved for operations outside
the Boundary Line by the Officer in Charge, Marine
Inspection and the Coast Guard Marine Safety Center;
and
(3) the vessel has sufficient manning and
lifesaving equipment for all persons on board, in
accordance with part 15 and section 141.225 of title
46, Code of Federal Regulations (or any successor
regulation).
(c) Applicability.--This section applies to a towing
vessel--
(1) that is subject to inspection under chapter 33
of title 46, United States Code, and subchapter M of
chapter I of title 46, Code of Federal Regulations (or
any successor regulation);
(2) with only ``Lakes, Bays, and Sounds'' or
``Rivers'' routes recorded on such vessel's certificate
of inspection pursuant to section 136.230 of title 46,
Code of Federal Regulations (or any successor
regulation);
(3) that, with respect to a vessel described in
subsection (b)(1)(A), is operating as a harbor assist
vessel and regularly engaged in harbor assist
operations, including the docking, undocking, mooring,
unmooring, and escorting of vessels with limited
maneuverability; and
(4) that, with respect to a vessel that is
described in subsection (b)(1)(B), is listed--
(A) on a vessel response plan under part
155 of title 33, Code of Federal Regulations,
on the date of approval of the vessel response
plan; or
(B) by name or reference in the vessel
response plan's geographic-specific appendix on
the date of approval of the vessel response
plan.
(d) Limitations.--A vessel exempted under subsection (b) is
subject to the following operating limitations:
(1) The voyage of a vessel described in subsection
(b)(1)(A) shall--
(A) be less than 12 hours in total
duration;
(B) originate and end in the inspection
zone of a single Officer in Charge, Marine
Inspection; and
(C) occur no further than 10 nautical miles
from the Boundary Line.
(2) The voyage of a vessel described in subsection
(b)(1)(B) shall--
(A) originate and end in the inspection
zone of a single Officer in Charge, Marine
Inspection; and
(B) either--
(i) in the case of a voyage in the
territorial waters of Alaska, Guam,
Hawaii, American Samoa, and the
Northern Mariana Islands, have
sufficient manning as determined by the
Secretary; or
(ii) be less than 12 hours.
(e) Safety.--
(1) Safety restrictions.--The Officer in Charge,
Marine Inspection for an inspection zone may restrict
operations under the interim exemption provided under
subsection (b) for safety purposes.
(2) Comprehensive lists.--The Officer in Charge,
Marine Inspection for an inspection zone shall maintain
and periodically update a comprehensive list of all
towing vessels described in subsection (c) that operate
in the inspection zone.
(3) Notification.--Not later than 24 hours prior to
intended operations outside of the Boundary Line, a
towing vessel exempted under subsection (b) shall
notify the Office in Charge, Marine Inspection for the
inspection zone of such operations. Such notification
shall include--
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member's
credentials and work hours; and
(C) an attestation from the master of the
towing vessel that the vessel has sufficient
manning and lifesaving equipment for all
persons on board.
(f) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives regarding the following:
(1) The impacts of the interim exemption provided
under this section.
(2) Any safety concerns regarding the expiration of
such interim exemption.
(3) Whether such interim exemption should be
extended.
(g) Termination.--The interim exemption provided under
subsection (b) shall terminate on the date that is 2 years
after the date of the enactment of this Act.
SEC. 8403. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE
UNITED STATES.
It is the sense of Congress that the maritime industry of
the United States contributes to the Nation's economic
prosperity and national security.
SEC. 8404. CARGO PREFERENCE STUDY.
(a) In General.--The Comptroller General of the United
States shall conduct an audit regarding the enforcement of the
United States Cargo Preference Laws set forth in sections
55302, 55303, 55304, and 55305 of title 46, United States Code,
and section 2631 of title 10, United States Code (hereinafter
in this section referred to as the ``United States Cargo
Preference Laws'').
(b) Scope.--The audit conducted under subsection (a) shall
include, for the period from October 14, 2008, until the date
of the enactment of this Act--
(1) a listing of the agencies and organizations
required to comply with the United States Cargo
Preference Laws;
(2) an analysis of the compliance or noncompliance
of such agencies and organizations with such laws,
including--
(A) the total amount of oceangoing cargo
that each such agency, organization, or
contractor procured for its own account or for
which financing was in any way provided with
Federal funds, including loan guarantees;
(B) the percentage of such cargo shipped on
privately owned commercial vessels of the
United States;
(C) an assessment of internal programs and
controls used by each such agency or
organization to monitor and ensure compliance
with the United States Cargo Preference Laws,
to include education, training, and supervision
of its contracting personnel, and the
procedures and controls used to monitor
compliance with cargo preference requirements
by contractors and subcontractors; and
(D) instances in which cargoes are shipped
on foreign-flag vessels under non-availability
determinations but not counted as such for
purposes of calculating cargo preference
compliance; and
(3) an overview of enforcement activities
undertaken by the Maritime Administration from October
14, 2008, until the date of the enactment of this Act,
including a listing of all bills of lading collected by
the Maritime Administration during that period.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the results of
the audit and providing recommendations related to such
results, to include--
(1) actions that should be taken by agencies and
organizations to fully comply with the United States
Cargo Preference Laws; and
(2) Other measures that may compel agencies and
organizations, and their contractors and
subcontractors, to use United States flag vessels in
the international transportation of ocean cargoes as
mandated by the United States Cargo Preference Laws.
SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW.
Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) the results of the review required under
section 815 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282); and
(2) a copy of any regulation required pursuant to
section 815(b) of such Act to establish specific
inspection fees for such vessels.
Subtitle B--Maritime Domain Awareness
SEC. 8411. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING
TECHNOLOGIES.
(a) Assessment.--The Commandant, acting through the Blue
Technology Center of Expertise, shall regularly assess
available unmanned maritime systems and satellite vessel
tracking technologies for potential use to support missions of
the Coast Guard.
(b) Report.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, and biennially
thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the actual and potential effects of the use of then-
existing unmanned maritime systems and satellite vessel
tracking technologies on the mission effectiveness of
the Coast Guard.
(2) Contents.--Each report submitted under
paragraph (1) shall include the following:
(A) An inventory of current unmanned
maritime systems used by the Coast Guard, an
overview of such usage, and a discussion of the
mission effectiveness of such systems,
including any benefits realized or risks or
negative aspects of such usage.
(B) An inventory of satellite vessel
tracking technologies, and a discussion of the
potential mission effectiveness of such
technologies, including any benefits or risks
or negative aspects of such usage.
(C) A prioritized list of Coast Guard
mission requirements that could be met with
additional unmanned maritime systems, or with
satellite vessel tracking technologies, and the
estimated costs of accessing, acquiring, or
operating such systems, taking into
consideration the interoperability of such
systems with the current and future fleet of--
(i) National Security Cutters;
(ii) Fast Response Cutters;
(iii) Offshore Patrol Cutters;
(iv) Polar Security Cutters; and
(v) in-service legacy cutters,
including the 210- and 270-foot medium
endurance cutters and 225-foot Buoy
Tenders.
(c) Definitions.--In this section:
(1) Unmanned maritime systems.--
(A) In general.--The term ``unmanned
maritime systems'' means--
(i) remotely operated or autonomous
vehicles produced by the commercial
sector designed to travel in the air,
on or under the ocean surface, on land,
or any combination thereof, and that
function without an on-board human
presence; and
(ii) associated components of such
vehicles, including control and
communications systems, data
transmission systems, and processing
systems.
(B) Examples.--Such term includes the
following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater
vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes
systems that can be purchased commercially or are in
use by the Department of Defense or other Federal
agencies.
(3) Satellite vessel tracking technologies.--The
term ``satellite vessel tracking technologies'' means
shipboard broadcast systems that use satellites and
terrestrial receivers to continually track vessels.
SEC. 8412. UNMANNED AIRCRAFT SYSTEMS TESTING.
(a) Training Area.--The Commandant shall carry out and
update, as appropriate, a program for the use of one or more
training areas to facilitate the use of unmanned aircraft
systems and small unmanned aircraft to support missions of the
Coast Guard.
(b) Designation of Area.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall, as
part of the program under subsection (a), designate an
area for the training, testing, and development of
unmanned aircraft systems and small unmanned aircraft.
(2) Considerations.--In designating a training area
under paragraph (1), the Commandant shall--
(A) ensure that such training area has or
receives all necessary Federal Aviation
Administration flight authorization; and
(B) take into consideration all of the
following attributes of the training area:
(i) Direct over-water maritime
access from the site.
(ii) The availability of existing
Coast Guard support facilities,
including pier and dock space.
(iii) Proximity to existing and
available offshore Warning Area
airspace for test and training.
(iv) Existing facilities and
infrastructure to support unmanned
aircraft system-augmented, and small
unmanned aircraft-augmented, training,
evaluations, and exercises.
(v) Existing facilities with a
proven track record of supporting
unmanned aircraft systems and small
unmanned aircraft systems flight
operations.
(c) Definitions.--In this section--
(1) the term ``existing'' means as of the date of
enactment of this Act; and
(2) the terms ``small unmanned aircraft'' and
``unmanned aircraft system'' have the meanings given
those terms in section 44801 of title 49, United States
Code.
SEC. 8413. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD.
(a) Funding for Certain Enhanced Capabilities.--Section 319
of title 14, United States Code, is amended by adding at the
end the following new subsection:
``(c) Funding for Certain Enhanced Capabilities.--In each
of fiscal years 2020 and 2021, the Commandant may provide
additional funding of $5,000,000 for additional long-range
maritime patrol aircraft, acquired through full and open
competition.''.
(b) Report on Use of Unmanned Aircraft Systems for Certain
Surveillance.--
(1) Report required.--Not later than March 31,
2021, the Commandant, in coordination with the
Administrator of the Federal Aviation Administration on
matters related to aviation safety and civilian
aviation and aerospace operations, shall submit to the
appropriate committees of Congress a report setting
forth an assessment of the feasibility and advisability
of using unmanned aircraft systems for surveillance of
marine protected areas, the transit zone, and the
Arctic in order to--
(A) establish and maintain regular maritime
domain awareness of such areas;
(B) ensure appropriate response to illegal
activities in such areas; and
(C) collaborate with State, local, and
tribal authorities, and international partners,
in surveillance missions over their waters in
such areas.
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland
Security and Governmental Affairs of the
Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives.
SEC. 8414. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Commandant may not operate or enter into or renew a contract
for the procurement of--
(1) an unmanned aircraft system that--
(A) is manufactured in a covered foreign
country or by an entity domiciled in a covered
foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals
manufactured in a covered foreign country or by
an entity domiciled in a covered foreign
country;
(C) uses a ground control system or
operating software developed in a covered
foreign country or by an entity domiciled in a
covered foreign country; or
(D) uses network connectivity or data
storage located in or administered by an entity
domiciled in a covered foreign country; or
(2) a system manufactured in a covered foreign
country or by an entity domiciled in a covered foreign
country for the detection or identification of unmanned
aircraft systems.
(b) Exemption.--
(1) In general.--The Commandant is exempt from the
restriction under subsection (a) if--
(A) the operation or procurement is for the
purposes of--
(i) counter-UAS system surrogate
testing and training; or
(ii) intelligence, electronic
warfare, and information warfare
operations, testing, analysis, and
training; or
(B) the Commandant receives a certification
from the Coast Guard unit requesting to operate
or procure an unmanned aircraft system
otherwise restricted under subsection (a),
which shall include supporting manufacturer
information, that the unmanned aircraft system
does not--
(i) connect to the internet or an
outside telecommunications service;
(ii) connect to other devices or
electronics, except as necessary to
perform the mission; or
(iii) perform any missions in
support of classified information or
that may threaten national security.
(2) Expiration.--The authority under this
subsection to operate or procure an unmanned aircraft
system otherwise restricted under subsection (a)
expires on the date that is 2 years after the date of
the enactment of this Act.
(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in writing
to the Department of Homeland Security and the relevant
committees of jurisdiction that the operation or procurement is
required in the national interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered
foreign country'' means the People's Republic of China.
(2) Counter-UAS system.--The term ``counter-UAS
system'' has the meaning given such term in section
44801 of title 49, United States Code.
(3) Unmanned aircraft system.--The term ``unmanned
aircraft system'' has the meaning given such term in
section 44801 of title 49, United States Code.
SEC. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY
MARITIME DOMAIN AWARENESS TESTING AND EVALUATION
PROGRAM.
(a) Testing and Evaluation Program.--The Commandant, acting
through the Blue Technology Center of Expertise, shall carry
out a testing and evaluation program of United States
commercial space-based radio frequency geolocation and maritime
domain awareness products and services to support the mission
objectives of maritime enforcement by the Coast Guard and other
components of the Coast Guard. The objectives of this testing
and evaluation program shall include--
(1) developing an understanding of how United
States commercial space-based radio frequency data
products can meet current and future mission
requirements;
(2) establishing how United States commercial
space-based radio frequency data products should
integrate into existing work flows; and
(3) establishing how United States commercial
space-based radio frequency data products could be
integrated into analytics platforms.
(b) Report.--Not later than 240 days after the date of
enactment of this Act, the Commandant shall prepare and submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the testing and evaluation program under subsection
(a), including recommendations on how the Coast Guard should
fully exploit United States commercial space-based radio
frequency data products to meet current and future mission
requirements.
SEC. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS
DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Assistant Secretary'' means the
Assistant Secretary of Commerce for Communications and
Information and the National Telecommunications and
Information Administration Administrator;
(2) the term ``Automatic Identification System''
has the meaning given the term in section 164.46(a) of
title 33, Code of Federal Regulations, or any successor
regulation;
(3) the term ``Automatic Identification System
device'' means a covered device that operates in radio
frequencies assigned for Automatic Identification
System stations;
(4) the term ``Commission'' means the Federal
Communications Commission; and
(5) the term ``covered device'' means a device used
to mark fishing equipment.
(b) Rulemaking Required.--Not later than 180 days after the
date of enactment of this Act, the Commission, in coordination
with the Assistant Secretary, and in consultation with the
Commandant and the Secretary of State, shall initiate a
rulemaking proceeding to consider whether to authorize covered
devices to operate in radio frequencies assigned for Automatic
Identification System stations.
(c) Considerations.--In conducting the rulemaking under
subsection (b), the Commission shall consider whether imposing
requirements with respect to the manner in which Automatic
Identification System devices are deployed and used would
enable the authorization of covered devices to operate in radio
frequencies assigned for Automatic Identification System
stations consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
Subtitle C--Arctic
SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic
continues to increase as the United States and other
countries recognize the military significance of the
sea lanes and choke points within the region and
understand the potential for power projection from the
Arctic into multiple regions.
(2) Russia and China have conducted military
exercises together in the Arctic, have agreed to
connect the Northern Sea Route, claimed by Russia, with
China's Maritime Silk Road, and are working together in
developing natural gas resources in the Arctic.
(3) The economic significance of the Arctic
continues to grow as countries around the globe begin
to understand the potential for maritime transportation
through, and economic and trade development in, the
region.
(4) Increases in human, maritime, and resource
development activity in the Arctic region may create
additional mission requirements for the Department of
Defense and the Department of Homeland Security.
(5) The increasing role of the United States in the
Arctic has been highlighted in each of the last four
national defense authorization acts.
(6) The United States Coast Guard Arctic Strategic
Outlook released in April 2019 states, ``Demonstrating
commitment to operational presence, Canada, Denmark,
and Norway have made strategic investments in ice-
capable patrol ships charged with national or homeland
security missions. The United States is the only Arctic
State that has not made similar investments in ice-
capable surface maritime security assets. This limits
the ability of the Coast Guard, and the Nation, to
credibly uphold sovereignty or respond to contingencies
in the Arctic.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance
to the national security interests of the United
States, and the Coast Guard must better align its
mission prioritization and development of capabilities
to meet the growing array of challenges in the region;
(2) the increasing freedom of navigation and
expansion of activity in the Arctic must be met with an
increasing show of Coast Guard forces capable of
exerting influence through persistent presence;
(3) Congress fully supports the needed and
important re-capitalization of the fleet of cutters and
aircraft of the Coast Guard, but, the Coast Guard must
avoid overextending operational assets for remote
international missions at the cost of dedicated focus
on this domestic area of responsibility with
significant international interest and activity; and
(4) although some progress has been made to
increase awareness of Arctic issues and to promote
increased presence in the region, additional measures
are needed to protect vital economic, environmental,
and national security interests of the United States,
and to show the commitment of the United States to this
emerging strategic choke point of increasing great
power competition.
(c) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT.
The Commandant shall--
(1) engage directly with local coastal whaling and
fishing communities in the Arctic region when
conducting the Alaskan Arctic Coast Port Access Route
Study, in accordance with chapter 700 of title 46,
United States Code, and as described in the notice of
study published in the Federal Register on December 21,
2018 (83 Fed. Reg. 65701); and
(2) consider the concerns of the Arctic coastal
community regarding any Alaskan Arctic Coast Port
Access Route, including safety needs and concerns.
SEC. 8423. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv))
is amended to read as follows:
``(iv) Voting requirement.--The
panel may act only by the affirmative
vote of at least 5 of its members,
except that any decision made pursuant
to the last sentence of subparagraph
(C) shall require the unanimous vote of
all 6 members of the panel.''.
SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit
to the appropriate committees of Congress a report setting
forth the results of a study on the Arctic capabilities of the
Armed Forces. The Secretary shall enter into a contract with an
appropriate federally funded research and development center
for the conduct of the study.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comparison of the capabilities of the United
States, the Russian Federation, the People's Republic
of China, and other countries operating in the Arctic,
including an assessment of the ability of the navy of
each such country to operate in varying sea-ice
conditions.
(2) A description of commercial and foreign
military surface forces currently operating in the
Arctic in conditions inaccessible to Navy surface
forces.
(3) An assessment of the potential security risk
posed to Coast Guard forces by military forces of other
countries operating in the Arctic in conditions
inaccessible to Navy surface or aviation forces in the
manner such forces currently operate.
(4) A comparison of the domain awareness
capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem
with Navy surface and aviation forces and the
surface and aviation forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual
defense with Navy forces, other Armed Forces,
and the military forces of allies.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the search and
rescue capabilities of the Coast Guard in Arctic coastal
communities.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) An identification of ways in which the Coast
Guard can more effectively partner with Arctic coastal
communities to respond to search and rescue incidents
through training, funding, and deployment of assets.
(2) An analysis of the costs of forward deploying
on a seasonal basis Coast Guard assets in support of
such communities for responses to such incidents.
SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.
(a) Purpose.--The purpose of this section is to establish a
Federal advisory committee to provide policy recommendations to
the Secretary of Transportation on positioning the United
States to take advantage of emerging opportunities for Arctic
maritime transportation.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory
Committee'' means the Arctic Shipping Federal Advisory
Committee established under subsection (c)(1).
(2) Arctic.--The term ``Arctic'' has the meaning
given the term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
(3) Arctic sea routes.--The term ``Arctic Sea
Routes'' means the international Northern Sea Route,
the Transpolar Sea Route, and the Northwest Passage.
(c) Establishment of the Arctic Shipping Federal Advisory
Committee.--
(1) Establishment of advisory committee.--
(A) In general.--The Secretary of
Transportation, in coordination with the
Secretary of State, the Secretary of Defense
acting through the Secretary of the Army and
the Secretary of the Navy, the Secretary of
Commerce, and the Secretary of the Department
in which the Coast Guard is operating, shall
establish an Arctic Shipping Federal Advisory
Committee in the Department of Transportation
to advise the Secretary of Transportation and
the Secretary of the Department in which the
Coast Guard is operating on matters related to
Arctic maritime transportation, including
Arctic seaway development.
(B) Meetings.--The Advisory Committee shall
meet at the call of the Chairperson, and at
least once annually in Alaska.
(2) Membership.--
(A) In general.--The Advisory Committee
shall be composed of 17 members as described in
subparagraph (B).
(B) Composition.--The members of the
Advisory Committee shall be--
(i) 1 individual appointed and
designated by the Secretary of
Transportation to serve as the
Chairperson of the Advisory Committee;
(ii) 1 individual appointed and
designated by the Secretary of the
Department in which the Coast Guard is
operating to serve as the Vice
Chairperson of the Advisory Committee;
(iii) 1 designee of the Secretary
of Commerce;
(iv) 1 designee of the Secretary of
State;
(v) 1 designee of the Secretary of
Transportation;
(vi) 1 designee of the Secretary of
Defense;
(vii) 1 designee from the State of
Alaska, nominated by the Governor of
Alaska and designated by the Secretary
of Transportation;
(viii) 1 designee from the State of
Washington, nominated by the Governor
of Washington and designated by the
Secretary of Transportation;
(ix) 3 Alaska Native Tribal
members;
(x) 1 individual representing
Alaska Native subsistence co-management
groups affected by Arctic maritime
transportation;
(xi) 1 individual representing
coastal communities affected by Arctic
maritime transportation;
(xii) 1 individual representing
vessels of the United States (as
defined in section 116 of title 46,
United States Code) participating in
the shipping industry;
(xiii) 1 individual representing
the marine safety community;
(xiv) 1 individual representing the
Arctic business community; and
(xv) 1 individual representing
maritime labor organizations.
(C) Terms.--
(i) Limitations.--Each member of
the Advisory Committee described in
clauses (vii) through (xv) of
subparagraph (B) shall serve for a 2-
year term and shall not be eligible for
more than 2 consecutive term
reappointments.
(ii) Vacancies.--Any vacancy in the
membership of the Advisory Committee
shall not affect its responsibilities,
but shall be filled in the same manner
as the original appointment and in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(3) Functions.--The Advisory Committee shall carry
out all of the following functions:
(A) Develop a set of policy recommendations
that would enhance the leadership role played
by the United States in improving the safety
and reliability of Arctic maritime
transportation in accordance with customary
international maritime law and existing Federal
authority. Such policy recommendations shall
consider options to establish a United States
entity that could perform the following
functions in accordance with United States law
and customary international maritime law:
(i) Construction, operation, and
maintenance of current and future
maritime infrastructure necessary for
vessels transiting the Arctic Sea
Routes, including potential new deep
draft and deepwater ports.
(ii) Provision of services that are
not widely commercially available in
the United States Arctic that would--
(I) improve Arctic maritime
safety and environmental
protection;
(II) enhance Arctic
maritime domain awareness; and
(III) support navigation
and incident response for
vessels transiting the Arctic
Sea Routes.
(iii) Establishment of rules of
measurement for vessels and cargo for
the purposes of levying voluntary rates
of charges or fees for services.
(B) As an option under subparagraph (A),
consider establishing a congressionally
chartered seaway development corporation
modeled on the Saint Lawrence Seaway
Development Corporation, and--
(i) develop recommendations for
establishing such a corporation and a
detailed implementation plan for
establishing such an entity; or
(ii) if the Advisory Committee
decides against recommending the
establishment of such a corporation,
provide a written explanation as to the
rationale for the decision and develop
an alternative, as practicable.
(C) Provide advice and recommendations, as
requested, to the Secretary of Transportation
and the Secretary of the Department in which
the Coast Guard is operating on Arctic marine
transportation, including seaway development,
and consider national security interests, where
applicable, in such recommendations.
(D) In developing the advice and
recommendations under subparagraph (C), engage
with and solicit feedback from coastal
communities, Alaska Native subsistence co-
management groups, and Alaska Native tribes.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Advisory Committee shall
submit a report with its recommendations under subparagraphs
(A) and (B) of subsection (c)(3) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(e) Termination of the Advisory Committee.--Not later than
8 years after the submission of the report described in
subsection (d), the Secretary of Transportation shall dissolve
the Advisory Committee.
(f) International Engagement.--If a Special Representative
for the Arctic Region is appointed by the Secretary of State,
the duties of that Representative shall include--
(1) coordination of any activities recommended by
the implementation plan submitted by the Advisory
Committee and approved by the Secretary of
Transportation; and
(2) facilitation of multilateral dialogues with
member and observer nations of the Arctic Council to
encourage cooperation on Arctic maritime
transportation.
(g) Tribal Consultation.--In implementing any of the
recommendations provided under subsection (c)(3)(C), the
Secretary of Transportation shall consult with Alaska Native
tribes.
Subtitle D--Other Matters
SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN.
(a) In General.--(1) The Commandant, in coordination with
the Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall develop plans for a
demonstration program that will determine whether wing-in-
ground craft, as such term is defined in section 2101 of title
46, United States Code, that is capable of carrying at least
one individual, can--
(A) provide transportation in areas in which energy
exploration, development or production activity takes
place on the Outer Continental Shelf; and
(B) under the craft's own power, safely reach
helidecks or platforms located on offshore energy
facilities.
(2) Requirements.--The plans required under paragraph (1)
shall--
(A) examine and explain any safety issues with
regard to the operation of the such craft as a vessel,
or as an aircraft, or both;
(B) include a timeline and technical milestones for
the implementation of such a demonstration program;
(C) outline resource requirements needed to
undertake such a demonstration program;
(D) describe specific operational circumstances
under which the craft may be used, including distance
from United States land, altitude, number of
individuals, amount of cargo, and speed and weight of
vessel;
(E) describe the operations under which Federal
Aviation Administration statutes, regulations,
circulars, or orders apply; and
(F) describe the certifications, permits, or
authorizations required to perform any operations.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant, along with the
Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall brief the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate on the plan developed under
subsection (a), including--
(1) any regulatory changes needed regarding
inspections and manning, to allow such craft to operate
between onshore facilities and offshore energy
facilities when such craft is operating as a vessel;
(2) any regulatory changes that would be necessary
to address potential impacts to air traffic control,
the National Airspace System, and other aircraft
operations, and to ensure safe operations on or near
helidecks and platforms located on offshore energy
facilities when such craft are operating as aircraft;
and
(3) any other statutory or regulatory changes
related to authority of the Federal Aviation
Administration over operations of the craft.
SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.
Notwithstanding any other provision of law, not later than
180 days after the date of the enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Administrator of the
Environmental Protection Agency and the Administrator of the
Pipeline and Hazardous Materials Safety Administration, shall
update the Northern Michigan Area Contingency Plan to include a
worst-case discharge from a pipeline in adverse weather
conditions.
SEC. 8433. DOCUMENTATION OF LNG TANKERS.
(a) ``Safari Voyager''.--
(1) In general.--Notwithstanding sections 12112 and
12132 of title 46, United States Code, the Secretary of
the department in which the Coast Guard is operating
shall issue a certificate of documentation with a
coastwise endorsement for the vessel Safari Voyager
(International Maritime Organization number 8963753).
(2) Revocation of effectiveness of certificate.--A
certificate of documentation issued under paragraph (1)
is revoked on the date of the sale of the vessel or the
entity that owns the vessel.
(b) ``Pacific Provider''.--
(1) In general.--Notwithstanding sections 12112 and
12132 of title 46, United States Code, the Secretary of
the department in which the Coast Guard is operating
may issue a certificate of documentation with a
coastwise endorsement for the vessel Pacific Provider
(United States official number 597967).
(2) Revocation of effectiveness of certificate.--A
certificate of documentation issued under paragraph (1)
is revoked on the date of the sale of the vessel or the
entity that owns the vessel.
(c) America's Cup Act of 2011.--Section 7(b) of the
America's Cup Act of 2011 (Public Law 112-61) is amended--
(1) in paragraph (3)--
(A) by striking ``of the vessel on the date
of enactment of this Act''; and
(B) by inserting before the period the
following: ``, unless prior to any such sale
the vessel has been operated in a coastwise
trade for not less than 1 year after the date
of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020 and prior to
sale of vessel'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Limitation on ownership.--The Secretary of
the department in which the Coast Guard is operating
may only issue a certificate of documentation with a
coastwise endorsement to a vessel designated in
paragraph (1) if the owner of the vessel is an
individual or individuals who are citizens of the
United States, or is an entity deemed to be such a
citizen under section 50501 of title 46, United States
Code.
``(3) Limitation on repair and modification.--
``(A) Requirement.--Any qualified work
shall be performed at a shipyard facility
located in the United States.
``(B) Exceptions.--The requirement in
subparagraph (A) does not apply to any
qualified work--
``(i) for which the owner or
operator enters into a binding
agreement no later than 1 year after
the date of enactment of the Elijah E.
Cummings Coast Guard Authorization Act
of 2020; or
``(ii) necessary for the safe
towage of the vessel from outside the
United States to a shipyard facility in
the United States for completion of the
qualified work.
``(C) Definition.--In this paragraph,
qualified work means repair and modification
necessary for the issuance of a certificate of
inspection issued as a result of the waiver for
which a coastwise endorsement is issued under
paragraph (1).''.
SEC. 8434. REPLACEMENT VESSEL.
Notwithstanding section 208(g)(5) of the American Fisheries
Act (Public Law 105-277; 16 U.S.C. 1851 note), a vessel
eligible under section 208(e)(21) of such Act that is replaced
under section 208(g) of such Act shall be subject to a
sideboard restriction catch limit of zero metric tons in the
Bering Sea and Aleutian Islands and in the Gulf of Alaska
unless that vessel is also a replacement vessel under section
679.4(o)(4) of title 50, Code of Federal Regulations, in which
case such vessel shall not be eligible to be a catcher/
processor under section 206(b)(2) of such Act.
SEC. 8435. EDUCATIONAL VESSEL.
(a) In General.--Notwithstanding section 12112(a)(2) of
title 46, United States Code, the Secretary of the department
in which the Coast Guard is operating may issue a certificate
of documentation with a coastwise endorsement for the vessel
Oliver Hazard Perry (IMO number 8775560; United States official
number 1257224).
(b) Termination of Effectiveness of Endorsement.--The
coastwise endorsement authorized under subsection (a) for the
vessel Oliver Hazard Perry (IMO number 8775560; United States
official number 1257224) shall expire on the first date on
which any of the following occurs:
(1) The vessel is sold to a person, including an
entity, that is not related by ownership or control to
the person, including an entity, that owned the vessel
on the date of the enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the
United States (as defined in section 12101(a) of title
46, United States Code).
(3) The vessel is no longer operating in primary
service as a sailing school vessel.
SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
The Coalbank Slough in Coos Bay, Oregon, is deemed to not
be navigable waters of the United States for all purposes of
subchapter J of Chapter I of title 33, Code of Federal
Regulations.
SEC. 8437. ANCHORAGES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall suspend the establishment of
new anchorage grounds on the Hudson River between Yonkers, New
York, and Kingston, New York, under section 7 of the Rivers and
Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter
700 of title 46, United States Code.
(b) Restriction.--The Commandant may not establish or
expand any anchorage grounds outside of the reach on the Hudson
River described in subsection (a) without first providing
notice to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 180
days prior to the establishment or expansion of any such
anchorage grounds.
(c) Savings Clause.--Nothing in this section--
(1) prevents the master or pilot of a vessel
operating on the reach of the Hudson River described in
subsection (a) from taking actions necessary to
maintain the safety of the vessel or to prevent the
loss of life or property; or
(2) shall be construed as limiting the authority of
the Secretary of the department in which the Coast
Guard is operating to exercise authority over the
movement of a vessel under section 70002 of title 46,
United States Code, or any other applicable laws or
regulations governing the safe navigation of a vessel.
(d) Study.--The Commandant of the Coast Guard, in
consultation with the Hudson River Safety, Navigation, and
Operations Committee, shall conduct a study of the Hudson River
north of Tarrytown, New York to examine--
(1) the nature of vessel traffic including vessel
types, sizes, cargoes, and frequency of transits;
(2) the risks and benefits of historic practices
for commercial vessels anchoring; and
(3) the risks and benefits of establishing
anchorage grounds on the Hudson River.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the findings, conclusions, and recommendations from the study
required under subsection (d).
SEC. 8438. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD
STATIONS IN WASHINGTON AND OREGON.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines the
potential use, in the event of a Cascadia subduction
zone event, of a vertical evacuation of Coast Guard
personnel stationed at United States Coast Guard
Station Grays Harbor and Sector Field Office Port
Angeles, Washington, and at United States Coast Guard
Station Yaquina Bay and United States Coast Guard Motor
Lifeboat Station Coos Bay, Oregon, and the dependents
of such Coast Guard personnel housed in Coast Guard
housing.
(2) Elements.--The study required under paragraph
(1) shall analyze the following:
(A) The number of such personnel and
dependents to be evacuated.
(B) The resources available to conduct an
evacuation, and the feasibility of a successful
evacuation in a case in which inundation maps
and timelines are available.
(C) With the resources available, the
amount of time needed to evacuate such
personnel and dependents.
(D) Any resource that is otherwise
available within a reasonable walking distance
to the Coast Guard facilities listed in
paragraph (1).
(E) The benefit to the surrounding
community of such a vertical evacuation.
(F) The interoperability of the tsunami
warning system with the Coast Guard
communication systems at the Coast Guard
facilities listed in paragraph (1).
(G) Current interagency coordination and
communication policies in place for emergency
responders to address a Cascadia subduction
zone event.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing the
findings, conclusions, and recommendations, if any, from the
study required under subsection (a).
SEC. 8439. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD
MUSEUM ASSOCIATION.
(a) In General.--Section 316 of title 14, United States
Code, is amended to read as follows:
``Sec. 316. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will
be federally owned and administered by the Coast Guard, and are
located in New London, Connecticut.
``(b) Use of Funds.--
``(1) The Secretary shall not expend any funds
appropriated to the Coast Guard on the construction of
any museum established under this section.
``(2) Subject to the availability of
appropriations, the Secretary may expend funds
appropriated to the Coast Guard on the engineering and
design of a Museum.
``(3) The priority for the use of funds
appropriated to the Coast Guard shall be to preserve,
protect, and display historic Coast Guard artifacts,
including the design, fabrication, and installation of
exhibits or displays in which such artifacts are
included.
``(c) Funding Plan.--Not later than 2 years after the date
of the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020 and at least 90 days before the date
on which the Commandant accepts the Museum under subsection
(f), the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and
maintaining such Museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction;
``(3) an explanation of any environmental
remediation issues related to the land associated with
the Museum; and
``(4) a certification by the Inspector General of
the department in which the Coast Guard is operating
that the estimates provided pursuant to paragraphs (1)
and (2) are reasonable and realistic.
``(d) Construction.--
``(1) The Association may construct the Museum
described in subsection (a).
``(2) The Museum shall be designed and constructed
in compliance with the International Building Code
2018, and construction performed on Federal land under
this section shall be exempt from State and local
requirements for building or demolition permits.
``(e) Agreements.--Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section 504,
and until the Commandant accepts the Museum under subsection
(f), the Commandant may--
``(1) license Federal land to the Association for
the purpose of constructing the Museum described in
subsection (a); and
``(2)(A) at a nominal charge, lease the Museum from
the Association for activities and operations related
to the Museum; and
``(B) authorize the Association to generate
revenue from the use of the Museum.
``(f) Acceptance.--Not earlier than 90 days after the
Commandant submits the plan under subsection (c), the
Commandant shall accept the Museum from the Association and all
right, title, and interest in and to the Museum shall vest in
the United States when--
``(1) the Association demonstrates, in a manner
acceptable to the Commandant, that the Museum meets the
design and construction requirements of subsection (d);
and
``(2) all financial obligations of the Association
incident to the National Coast Guard Museum have been
satisfied.
``(g) Services.--The Commandant may solicit from the
Association and accept services from nonprofit entities,
including services related to activities for construction of
the Museum.
``(h) Authority.--The Commandant may not establish a Museum
except as set forth in this section.
``(i) Definitions.--In this section:
``(1) Museum.--The term `Museum' means the National
Coast Guard Museum.
``(2) Association.--The term `Association' means
the National Coast Guard Museum Association.''.
(b) Briefings.--Not later than March 1 of the fiscal year
after the fiscal year in which the report required under
subsection (d) of section 316 of title 14, United States Code,
is provided, and not later than March 1 of each year thereafter
until 1 year after the year in which the National Coast Guard
Museum is accepted pursuant to subsection (f) of such section,
the Commandant shall brief the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the following issues with respect to the
Museum:
(1) The acceptance of gifts.
(2) Engineering.
(3) Design and project status.
(4) Land ownership.
(5) Environmental remediation.
(6) Operation and support issues.
(7) Plans.
SEC. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS.
(a) Maintenance and Placement of Video Surveillance
Equipment.--Section 3507(b)(1) of title 46, United States Code,
is amended--
(1) by striking ``The owner'' and inserting the
following:
``(A) In general.--The owner'';
(2) by striking ``, as determined by the
Secretary''; and
(3) by adding at the end, the following:
``(B) Placement of video surveillance
equipment.--
``(i) In general.--Not later than
18 months after the date of the
enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020,
the Commandant in consultation with
other relevant Federal agencies or
entities as determined by the
Commandant, shall establish guidance
for performance of the risk assessment
described in paragraph (2) regarding
the appropriate placement of video
surveillance equipment in passenger and
crew common areas where there is no
reasonable expectation of privacy.
``(ii) Risk assessment.--Not later
than 1 year after the Commandant
establishes the guidance described in
paragraph (1), the owner shall conduct
the risk assessment required under
paragraph (1) and shall--
``(I) evaluate the
placement of video surveillance
equipment to deter, prevent,
and record a sexual assault
aboard the vessel considering
factors such as: ship layout
and design, itinerary, crew
complement, number of
passengers, passenger
demographics, and historical
data on the type and location
of prior sexual assault
incident allegations;
``(II) incorporate to the
maximum extent practicable the
video surveillance guidance
established by the Commandant
regarding the appropriate
placement of video surveillance
equipment;
``(III) arrange for the
risk assessment to be conducted
by an independent third party
with expertise in the use and
placement of camera
surveillance to deter, prevent
and record criminal behavior;
and
``(IV) the independent
third party referred to in
paragraph (C) shall be a
company that has been accepted
by a classification society
that is a member of the
International Association of
Classification Societies
(hereinafter referred to as
`IACS') or another
classification society
recognized by the Secretary as
meeting acceptable standards
for such a society pursuant to
section 3316(b).
``(C) Surveillance plan.--Not later than
180 days after completion of the risk
assessment conducted under subparagraph
(B)(ii), the owner of a vessel shall develop a
plan to install video surveillance equipment in
places determined to be appropriate in
accordance with the results of the risk
assessment conducted under subparagraph
(B)(ii), except in areas where a person has a
reasonable expectation of privacy. Such plan
shall be evaluated and approved by an
independent third party with expertise in the
use and placement of camera surveillance to
deter, prevent and record criminal behavior
that has been accepted as set forth in
paragraph (2)(D).
``(D) Installation.--The owner of a vessel
to which this section applies shall, consistent
with the surveillance plan approved under
subparagraph (C), install appropriate video
surveillance equipment aboard the vessel not
later than 2 years after approval of the plan,
or during the next scheduled drydock, whichever
is later.
``(E) Attestation.--At the time of initial
installation under subparagraph (D), the vessel
owner shall obtain written attestations from--
``(i) an IACS classification
society that the video surveillance
equipment is installed in accordance
with the surveillance plan required
under subparagraph (C); and
``(ii) the company security officer
that the surveillance equipment and
associated systems are operational,
which attestation shall be obtained
each year thereafter.
``(F) Updates.--The vessel owner shall
ensure the risk assessment described in
subparagraph (B)(ii) and installation plan in
subparagraph (C) are updated not later than 5
years after the initial installation conducted
under subparagraph (D), and every 5 years
thereafter. The updated assessment and plan
shall be approved by an independent third party
with expertise in the use and placement of
camera surveillance to deter, prevent, and
record criminal behavior that has been accepted
by an IACS classification society. The vessel
owner shall implement the updated installation
plan not later than 180 days after approval.
``(G) Availability.--Each risk assessment,
installation plan and attestation shall be
protected from disclosure under the Freedom of
Information Act, section 552 of title 5 but
shall be available to the Coast Guard--
``(i) upon request, and
``(ii) at the time of the
certificate of compliance or
certificate of inspection examination.
``(H) Definitions.--For purposes of this
section a `ship security officer' is an
individual that, with the master's approval,
has full responsibility for vessel security
consistent with the International Ship and Port
Facility Security Code.''.
(b) Access to Video Records; Notice of Video
Surveillance.--Section 3507(b) of title 46, United States Code,
is further amended--
(1) by redesignating paragraph (2) as paragraph
(3);
(2) by inserting after paragraph (1) the following:
``(2) Notice of video surveillance.--The owner of a
vessel to which this section applies shall provide
clear and conspicuous signs on board the vessel
notifying the public of the presence of video
surveillance equipment.'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``The owner'' and inserting
the following:
``(A) Law enforcement.--The owner''; and
(B) by adding at the end the following:
``(B) Civil actions.--Except as proscribed
by law enforcement authorities or court order,
the owner of a vessel to which this section
applies shall, upon written request, provide to
any individual or the individual's legal
representative a copy of all records of video
surveillance--
``(i) in which the individual is a
subject of the video surveillance; and
``(ii) that may provide evidence of
any sexual assault incident in a civil
action.
``(C) Limited access.--The owner of a
vessel to which this section applies shall
ensure that access to records of video
surveillance is limited to the purposes
described in this paragraph.''.
(c) Retention Requirements.--
(1) In general.--Section 3507(b) of title 46,
United States Code, is further amended by adding at the
end the following:
``(4) Retention requirements.--The owner of a
vessel to which this section applies shall retain all
records of video surveillance for not less than 20 days
after the footage is obtained. The vessel owner shall
include a statement in the security guide required by
subsection (c)(1)(A) that the vessel owner is required
by law to retain video surveillance footage for the
period specified in this paragraph. If an incident
described in subsection (g)(3)(A)(i) is alleged and
reported to law enforcement, all records of video
surveillance from the voyage that the Federal Bureau of
Investigation determines are relevant shall--
``(A) be provided to the Federal Bureau of
Investigation; and
``(B) be preserved by the vessel owner for
not less than 4 years from the date of the
alleged incident.''.
(2) Administrative provisions.--
(A) Study and report.--Each owner of a
vessel to which section 3507 of title 46,
United States Code, applies shall, not later
than March 1, 2023, submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report detailing the total number of
voyages for the preceding year and the
percentage of those voyages that were 30 days
or longer.
(B) Interim standards.--Not later than 180
days after the date of enactment of this Act,
the Commandant, in consultation with the
Federal Bureau of Investigation, shall
promulgate interim standards for the retention
of records of video surveillance.
(C) Final standards.--Not later than 1 year
after the date of enactment of this Act, the
Commandant, in consultation with the Federal
Bureau of Investigation, shall promulgate final
standards for the retention of records of video
surveillance.
(D) Considerations.--In promulgating
standards under subparagraphs (B) and (B), the
Commandant shall--
(i) consider factors that would aid
in the investigation of serious crimes,
including the results of the report by
the Commandant provided under
subparagraph (A), as well as crimes
that go unreported until after the
completion of a voyage;
(ii) consider the different types
of video surveillance systems and
storage requirements in creating
standards both for vessels currently in
operation and for vessels newly built;
(iii) consider privacy, including
standards for permissible access to and
monitoring and use of the records of
video surveillance; and
(iv) consider technological
advancements, including requirements to
update technology.
SEC. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.
(a) In General.--Section 3306 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting ``, including covered small
passenger vessels (as defined in subsection
(n)(5))'' after ``vessels subject to
inspection''; and
(B) in paragraph (5), by inserting before
the period at the end ``, including
rechargeable devices utilized for personal or
commercial electronic equipment''; and
(2) by adding at the end the following:
``(n) Covered Small Passenger Vessels.--
``(1) Regulations.--The Secretary shall prescribe
additional regulations to secure the safety of
individuals and property on board covered small
passenger vessels.
``(2) Comprehensive review.--In order to prescribe
the regulations under paragraph (1), the Secretary
shall conduct a comprehensive review of all
requirements (including calculations), in existence on
the date of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020, that apply to covered
small passenger vessels, with respect to fire
detection, protection, and suppression systems, and
avenues of egress, on board such vessels.
``(3) Requirements.--
``(A) In general.--Subject to subparagraph
(B), the regulations prescribed under paragraph
(1) shall include, with respect to covered
small passenger vessels, regulations for--
``(i) marine firefighting training
programs to improve crewmember training
and proficiency, including emergency
egress training for each member of the
crew, to occur for all members on the
crew--
``(I) at least monthly
while such members are employed
on board the vessel; and
``(II) each time a new
crewmember joins the crew of
such vessel;
``(ii) in all areas on board the
vessel where passengers and crew have
access, including dining areas,
sleeping quarters, and lounges--
``(I) interconnected fire
detection equipment, including
audible and visual alarms; and
``(II) additional fire
extinguishers and other
firefighting equipment;
``(iii) the installation and use of
monitoring devices to ensure the
wakefulness of the required night
watch;
``(iv) increased fire detection and
suppression systems (including
additional fire extinguishers) on board
such vessels in unmanned areas with
machinery or areas with other potential
heat sources;
``(v) all general areas accessible
to passengers to have no less than 2
independent avenues of escape that
are--
``(I) constructed and
arranged to allow for free and
unobstructed egress from such
areas;
``(II) located so that if
one avenue of escape is not
available, another avenue of
escape is available; and
``(III) not located
directly above, or dependent
on, a berth;
``(vi) the handling, storage, and
operation of flammable items, such as
rechargeable batteries, including
lithium ion batteries utilized for
commercial purposes on board such
vessels;
``(vii) passenger emergency egress
drills for all areas on the vessel to
which passengers have access, which
shall occur prior to the vessel
beginning each excursion; and
``(viii) all passengers to be
provided a copy of the emergency egress
plan for the vessel.
``(B) Applicability to certain covered
small passenger vessels.--The requirements
described in clauses (iii), (v), (vii), and
(viii) of subparagraph (A) shall only apply to
a covered small passenger vessel that has
overnight passenger accommodations.
``(4) Interim requirements.--
``(A) Interim requirements.--The Secretary
shall, prior to issuing final regulations under
paragraph (1), implement interim requirements
to enforce the requirements under paragraph
(3).
``(B) Implementation.--The Secretary shall
implement the interim requirements under
subparagraph (A) without regard to chapters 5
and 6 of title 5 and Executive Order Nos. 12866
and 13563 (5 U.S.C. 601 note; relating to
regulatory planning and review and relating to
improving regulation and regulatory review).
``(5) Definition of covered small passenger
vessel.--In this subsection, the term `covered small
passenger vessel'--
``(A) except as provided in subparagraph
(B), means a small passenger vessel (as defined
in section 2101) that--
``(i) has overnight passenger
accommodations; or
``(ii) is operating on a coastwise
or oceans route; and
``(B) does not include a ferry (as defined
in section 2101) or fishing vessel (as defined
in section 2101).''.
(b) Section 3202.--Section 3202(b) of title 46, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``This chapter'' and inserting the
following:
``(1) In general.--This chapter''; and
(3) by adding at the end the following:
``(2) Safety management system.--Notwithstanding
any other provision in this chapter, including
paragraph (1)(B), any regulations under section 3203,
including the safety management system established by
such regulations, issued on or after the date of
enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, shall apply to all covered
small passenger vessels, as defined in section
3306(n)(5).''.
(c) Section 3203.--Section 3203(a) of title 46, United
States Code, is amended by inserting ``(including, for purposes
of this section, all covered small passenger vessels, as
defined in section 3306(n)(5))'' after ``vessels to which this
chapter applies''.
TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.
SEC. 8501. TRANSFERS.
(a) In General.--
(1) Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 14
U.S.C. 504 note) is redesignated as section 322 of
title 14, United States Code, transferred to appear
after section 321 of such title (as added by this
division), and amended so that the enumerator, section
heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States
Code.
(2) Section 406 of the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 14 U.S.C. 501
note) is redesignated as section 720 of title 14,
United States Code, transferred to appear after section
719 of such title (as added by this division), and
amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in
other sections in title 14, United States Code.
(3) Section 1110 of title 14, United States Code,
is redesignated as section 5110 of such title and
transferred to appear after section 5109 of such title
(as added by this division).
(4) Section 401 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281) is amended by striking
subsection (e).
(5) Subchapter I of chapter 11 of title 14, United
States Code, as amended by this division, is amended by
inserting after section 1109 the following:
``Sec. 1110. Elevation of disputes to the Chief Acquisition Officer
``If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding
level 1 or level 2 acquisition, the dispute remains unresolved,
the Commandant shall provide to the appropriate congressional
committees a detailed description of the issue and the
rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.''.
(6) Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended--
(A) by transferring such section to appear
after section 70005 of title 46, United States
Code;
(B) by striking ``Sec. 7.'' and inserting
``Sec. 70006. Establishment by Secretary of the
department in which the Coast Guard is
operating of anchorage grounds and regulations
generally''; and
(C) by adjusting the margins with respect
to subsections (a) and (b) for the presence of
a section heading accordingly.
(7) Section 217 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281; 14 U.S.C. 504 note)--
(A) is redesignated as section 5112 of
title 14, United States Code, transferred to
appear after section 5111 of such title (as
added by this division), and amended so that
the enumerator, section heading, typeface, and
typestyle conform to those appearing in other
sections in title 14, United States Code; and
(B) is amended--
(i) by striking the heading and
inserting the following:
``Sec. 5112. Sexual assault and sexual harassment in the Coast Guard'';
and
(ii) in subsection (b), by adding
at the end the following:
``(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes
considered collateral to the investigation of a sexual
assault committed against the individual.
``(B) The number of instances in which adverse
action was taken against a covered individual who was
accused of collateral misconduct or crimes as described
in subparagraph (A).
``(C) The percentage of investigations of sexual
assaults that involved an accusation or adverse action
against a covered individual as described in
subparagraphs (A) and (B).
``(D) In this paragraph, the term `covered
individual' means an individual who is identified as a
victim of a sexual assault in the case files of a
military criminal investigative organization.''.
(b) Clerical Amendments.--
(1) The analysis for chapter 3 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``322. Redistricting notification requirement.''.
(2) The analysis for chapter 7 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``720. VHF communication services.''.
(3) The analysis for chapter 11 of title 14, United
States Code, is amended by striking the item relating
to section 1110 and inserting the following:
``1110. Elevation of disputes to the Chief Acquisition Officer.''.
(4) The analysis for chapter 51 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``5110. Mission need statement.
``5111. Report on diversity at Coast Guard Academy.
``5112. Sexual assault and sexual harassment in the Coast Guard.''.
(5) The analysis for chapter 700 of title 46,
United States Code, is further amended by inserting
after the item relating to section 70005 the following:
``70006. Establishment by the Secretary of the department in which the
Coast Guard is operating of anchorage grounds and regulations
generally.''.
SEC. 8502. ADDITIONAL TRANSFERS.
(a) Section 204 of the Marine Transportation Security
Act.--
(1) The Maritime Transportation Security Act of
2002 is amended by striking section 204 (33 U.S.C.
1902a).
(2) Section 3 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902)--
(A) is amended by redesignating subsections
(e) through (i) as subsections (f) through (j)
respectively; and
(B) by inserting after subsection (d) the
following:
``(e) Discharge of Agricultural Cargo Residue.--
Notwithstanding any other provision of law, the discharge from
a vessel of any agricultural cargo residue material in the form
of hold washings shall be governed exclusively by the
provisions of this Act that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.''.
(b) LNG Tankers.--
(1) The Coast Guard and Maritime Transportation Act
of 2006 is amended by striking section 304 (Public Law
109-241; 120 Stat. 527).
(2) Section 5 of the Deepwater Port Act of 1974 (33
U.S.C. 1504) is amended by adding at the end the
following:
``(j) LNG Tankers.--
``(1) Program.--The Secretary of Transportation
shall develop and implement a program to promote the
transportation of liquefied natural gas to and from the
United States on United States flag vessels.
``(2) Information to be provided.--When the Coast
Guard is operating as a contributing agency in the
Federal Energy Regulatory Commission's shoreside
licensing process for a liquefied natural gas or
liquefied petroleum gas terminal located on shore or
within State seaward boundaries, the Coast Guard shall
provide to the Commission the information described in
section 5(c)(2)(K) of the Deepwater Port Act of 1974
(33 U.S.C. 1504(c)(2)(K)) with respect to vessels
reasonably anticipated to be servicing that port.''.
SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.
(a) Service Under Licenses Issued Without Examination.--
(1) Repeal.--Section 8303 of title 46, United
States Code, and the item relating to that section in
the analysis for chapter 83 of that title, are
repealed.
(2) Conforming amendment.--Section 14305(a)(10) of
title 46, United States Code, is amended by striking
``sections 8303 and 8304'' and inserting ``section
8304''.
(b) Standards for Tank Vessels of the United States.--
Section 9102 of title 46, United States Code, is amended--
(1) by striking ``(a)'' before the first sentence;
and
(2) by striking subsection (b).
SEC. 8504. MARITIME TRANSPORTATION SYSTEM.
(a) Maritime Transportation System.--Section 312(b)(4) of
title 14, United States Code, is amended by striking ``marine
transportation system'' and inserting ``maritime transportation
system''.
(b) Clarification of Reference to Marine Transportation
System Programs.--Section 50307(a) of title 46, United States
Code, is amended by striking ``marine transportation'' and
inserting ``maritime transportation''.
SEC. 8505. REFERENCES TO ``PERSONS'' AND ``SEAMEN''.
(a) Technical Correction of References to ``Persons''.--
Title 14, United States Code, is amended as follows:
(1) In section 312(d), by striking ``persons'' and
inserting ``individuals''.
(2) In section 313(d)(2)(B), by striking ``person''
and inserting ``individual''.
(3) In section 504--
(A) in subsection (a)(19)(B), by striking
``a person'' and inserting ``an individual'';
and
(B) in subsection (c)(4), by striking
``seamen;'' and inserting ``mariners;''.
(4) In section 521, by striking ``persons'' each
place it appears and inserting ``individuals''.
(5) In section 522--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``person'' the second and
third place it appears and inserting
``individual''.
(6) In section 525(a)(1)(C)(ii), by striking
``person'' and inserting ``individual''.
(7) In section 526--
(A) by striking ``person'' each place it
appears and inserting ``individual'';
(B) by striking ``persons'' each place it
appears and inserting ``individuals''; and
(C) in subsection (b), by striking
``person's'' and inserting ``individual's''.
(8) In section 709--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' and inserting
``individual''.
(9) In section 933(b), by striking ``Every person''
and inserting ``An individual''.
(10) In section 1102(d), by striking ``persons''
and inserting ``individuals''.
(11) In section 1902(b)(3)--
(A) in subparagraph (A), by striking
``person or persons'' and inserting
``individual or individuals''; and
(B) in subparagraph (B), by striking
``person'' and inserting ``individual''.
(12) In section 1941(b), by striking ``persons''
and inserting ``individuals''.
(13) In section 2101(b), by striking ``person'' and
inserting ``individual''.
(14) In section 2102(c), by striking ``A person''
and inserting ``An individual''.
(15) In section 2104(b)--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``A person'' and inserting
``An individual''.
(16) In section 2118(d), by striking ``person'' and
inserting ``individual who is''.
(17) In section 2147(d), by striking ``a person''
and inserting ``an individual''.
(18) In section 2150(f), by striking ``person'' and
inserting ``individual who is''.
(19) In section 2161(b), by striking ``person'' and
inserting ``individual''.
(20) In section 2317--
(A) by striking ``persons'' and inserting
``individuals'';
(B) by striking ``person'' each place it
appears and inserting ``individual''; and
(C) in subsection (c)(2), by striking
``person's'' and inserting ``individual's''.
(21) In section 2531--
(A) by striking ``person'' each place it
appears and inserting ``individual''; and
(B) by striking ``persons'' each place it
appears and inserting ``individuals''.
(22) In section 2709, by striking ``persons'' and
inserting ``individuals''.
(23) In section 2710--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' each place it
appears and inserting ``individual''.
(24) In section 2711(b), by striking ``person'' and
inserting ``individual''.
(25) In section 2732, by striking ``a person'' and
inserting ``an individual''.
(26) In section 2733--
(A) by striking ``A person'' and inserting
``An individual''; and
(B) by striking ``that person'' and
inserting ``that individual''.
(27) In section 2734, by striking ``person'' each
place it appears and inserting ``individual''.
(28) In section 2735, by striking ``a person'' and
inserting ``an individual''.
(29) In section 2736, by striking ``person'' and
inserting ``individual''.
(30) In section 2737, by striking ``a person'' and
inserting ``an individual''.
(31) In section 2738, by striking ``person'' and
inserting ``individual''.
(32) In section 2739, by striking ``person'' and
inserting ``individual''.
(33) In section 2740--
(A) by striking ``person'' and inserting
``individual''; and
(B) by striking ``one'' the second place it
appears.
(34) In section 2741--
(A) in subsection (a), by striking ``a
person'' and inserting ``an individual'';
(B) in subsection (b)(1), by striking
``person's'' and inserting ``individual's'';
and
(C) in subsection (b)(2), by striking
``person'' and inserting ``individual''.
(35) In section 2743, by striking ``person'' each
place it appears and inserting ``individual''.
(36) In section 2744--
(A) in subsection (b), by striking ``a
person'' and inserting ``an individual''; and
(B) in subsections (a) and (c), by striking
``person'' each place it appears and inserting
``individual''.
(37) In section 2745, by striking ``person'' and
inserting ``individual''.
(38)(A) In section 2761--
(i) in the section heading, by striking
``Persons'' and inserting ``Individuals'';
(ii) by striking ``persons'' and inserting
``individuals''; and
(iii) by striking ``person'' and inserting
``individual''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2761 and inserting the
following:
``2761. Individuals discharged as result of court-martial; allowances
to.''.
(39)(A) In the heading for section 2767, by
striking ``persons'' and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2767 and inserting the
following:
``2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the continental United
States.''.
(40) In section 2769--
(A) by striking ``a person's'' and
inserting ``an individual's''; and
(B) in paragraph (1), by striking
``person'' and inserting ``individual''.
(41) In section 2772(a)(2), by striking ``person''
and inserting ``individual''.
(42) In section 2773--
(A) in subsection (b), by striking
``persons'' each place it appears and inserting
``individuals''; and
(B) in subsection (d), by striking ``a
person'' and inserting ``an individual''.
(43) In section 2775, by striking ``person'' each
place it appears and inserting ``individual''.
(44) In section 2776, by striking ``person'' and
inserting ``individual''.
(45)(A) In section 2777--
(i) in the heading, by striking ``persons''
and inserting ``individuals''; and
(ii) by striking ``persons'' each place it
appears and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2777 and inserting the
following:
``2777. Clothing for destitute shipwrecked individuals.''.
(46) In section 2779, by striking ``persons'' each
place it appears and inserting ``individuals''.
(47) In section 2902(c), by striking ``person'' and
inserting ``individual''.
(48) In section 2903(b), by striking ``person'' and
inserting ``individual''.
(49) In section 2904(b)(1)(B), by striking ``a
person'' and inserting ``an individual''.
(50) In section 3706--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``person's'' and inserting
``individual's''.
(51) In section 3707--
(A) in subsection (c)--
(i) by striking ``person'' and
inserting ``individual''; and
(ii) by striking ``person's'' and
inserting ``individual's''; and
(B) in subsection (e), by striking ``a
person'' and inserting ``an individual''.
(52) In section 3708, by striking ``person'' each
place it appears and inserting ``individual''.
(53) In section 3738--
(A) by striking ``a person'' each place it
appears and inserting ``an individual'';
(B) by striking ``person's'' and inserting
``individual's''; and
(C) by striking ``A person'' and inserting
``An individual''.
(b) Correction of References to Persons and Seamen.--
(1) Section 2303a(a) of title 46, United States
Code, is amended by striking ``persons'' and inserting
``individuals''.
(2) Section 2306(a)(3) of title 46, United States
Code, is amended to read as follows:
``(3) An owner, charterer, managing operator, or agent of a
vessel of the United States notifying the Coast Guard under
paragraph (1) or (2) shall--
``(A) provide the name and identification number of
the vessel, the names of individuals on board, and
other information that may be requested by the Coast
Guard; and
``(B) submit written confirmation to the Coast
Guard within 24 hours after nonwritten notification to
the Coast Guard under such paragraphs.''.
(3) Section 7303 of title 46, United States Code,
is amended by striking ``seaman'' each place it appears
and inserting ``individual''.
(4) Section 7319 of title 46, United States Code,
is amended by striking ``seaman'' each place it appears
and inserting ``individual''.
(5) Section 7501(b) of title 46, United States
Code, is amended by striking ``seaman'' and inserting
``holder''.
(6) Section 7508(b) of title 46, United States
Code, is amended by striking ``individual seamen or a
specifically identified group of seamen'' and inserting
``an individual or a specifically identified group of
individuals''.
(7) Section 7510 of title 46, United States Code,
is amended--
(A) in subsection (c)(8)(B), by striking
``merchant seamen'' and inserting ``merchant
mariner''; and
(B) in subsection (d), by striking
``merchant seaman'' and inserting ``merchant
mariner''.
(8) Section 8103(k)(3)(C) of title 46, United
States Code, is amended by striking ``merchant
mariners'' each place it appears and inserting
``merchant mariner's''.
(9) Section 8104 of title 46, United States Code,
is amended--
(A) in subsection (c), by striking ``a
licensed individual or seaman'' and inserting
``an individual'';
(B) in subsection (d), by striking ``A
licensed individual or seaman'' and inserting
``An individual'';
(C) in subsection (e), by striking ``a
seaman'' each place it appears and inserting
``an individual''; and
(D) in subsection (j), by striking
``seaman'' and inserting ``individual''.
(10) Section 8302(d) of title 46, United States
Code, is amended by striking ``3 persons'' and
inserting ``3 individuals''.
(11) Section 11201 of title 46, United States Code,
is amended by striking ``a person'' each place it
appears and inserting ``an individual''.
(12) Section 11202 of title 46, United States Code,
is amended--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``the person'' each place
it appears and inserting ``the individual''.
(13) Section 11203 of title 46, United States Code,
is amended--
(A) by striking ``a person'' each place it
appears and inserting ``an individual''; and
(B) in subsection (a)(2), by striking
``that person'' and inserting ``that
individual''.
(14) Section 15109(i)(2) of title 46, United States
Code, is amended by striking ``additional persons'' and
inserting ``additional individuals''.
SEC. 8506. REFERENCES TO ``HIMSELF'' AND ``HIS''.
(a) Section 1927 of title 14, United States Code, is
amended by--
(1) striking ``of his initial'' and inserting ``of
an initial''; and
(2) striking ``from his pay'' and inserting ``from
the pay of such cadet''.
(b) Section 2108(b) of title 14, United States Code, is
amended by striking ``himself'' and inserting ``such officer''.
(c) Section 2732 of title 14, United States Code, as
amended by this division, is further amended--
(1) by striking ``distinguishes himself
conspicuously by'' and inserting ``displays
conspicuous''; and
(2) by striking ``his'' and inserting ``such
individual's''.
(d) Section 2736 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``performs''.
(e) Section 2738 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(f) Section 2739 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(g) Section 2742 of title 14, United States Code, is
amended by striking ``he distinguished himself'' and inserting
``of the acts resulting in the consideration of such award''.
(h) Section 2743 of title 14, United States Code, as
amended by this division, is further amended--
(1) by striking ``distinguishes himself''; and
(2) by striking ``he'' and inserting ``such
individual''.
SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Miscellaneous Technical Corrections.--
(1) Section 3305(d)(3)(B) of title 46, United
States Code, is amended by striking ``Coast Guard
Authorization Act of 2017'' and inserting ``Frank
LoBiondo Coast Guard Authorization Act of 2018''.
(2) Section 4312 of title 46, United States Code,
is amended by striking ``Coast Guard Authorization Act
of 2017'' each place it appears and inserting ``Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public
Law 115-282)''.
(3) The analysis for chapter 700 of title 46,
United States Code, is amended--
(A) by striking the item relating to the
heading for the first subchapter and inserting
the following:
``subchapter i--vessel operations'';
(B) by striking the item relating to the
heading for the second subchapter and inserting
the following:
``subchapter ii--ports and waterways safety'';
(C) by striking the item relating to the
heading for the third subchapter and the item
relating to section 70021 of such chapter and
inserting the following:
``subchapter iii--conditions for entry into ports in the united states
``70021. Conditions for entry into ports in the United States.'';
(D) by striking the item relating to the
heading for the fourth subchapter and inserting
the following:
``subchapter iv--definitions regulations, enforcement, investigatory
powers, applicability'';
(E) by striking the item relating to the
heading for the fifth subchapter and inserting
the following:
``subchapter v--regattas and marine parades'';
and
(F) by striking the item relating to the
heading for the sixth subchapter and inserting
the following:
``subchapter vi--regulation of vessels in territorial waters of the
united states''.
(4) Section 70031 of title 46, United States Code,
is amended by striking ``A through C'' and inserting
``I through III''.
(5) Section 70032 of title 46, United States Code,
is amended by striking ``A through C'' and inserting
``I through III''.
(6) Section 70033 of title 46, United States Code,
is amended by striking ``A through C'' and inserting
``I through III''.
(7) Section 70034 of title 46, United States Code,
is amended by striking ``A through C'' each place it
appears and inserting ``I through III''.
(8) Section 70035(a) of title 46, United States
Code, is amended by striking ``A through C'' and
inserting ``I through III''.
(9) Section 70036 of title 46, United States Code,
is amended by--
(A) striking ``A through C'' each place it
appears and inserting ``I through III''; and
(B) striking ``A, B, or C'' each place it
appears and inserting ``I, II, or III''.
(10) Section 70051 of title 46, United States Code,
is amended--
(A) by striking ``immediate Federal
response,'' and all that follows through
``subject to the approval'' and inserting
``immediate Federal response, the Secretary of
the department in which the Coast Guard is
operating may make, subject to the approval'';
and
(B) by striking ``authority to issue such
rules'' and all that follows through ``Any
appropriation'' and inserting ``authority to
issue such rules and regulations to the
Secretary of the department in which the Coast
Guard is operating. Any appropriation''.
(11) Section 70052(e) of title 46, United States
Code, is amended by striking ``Secretary'' and
inserting ``Secretary of the department in which the
Coast Guard is operating'' each place it appears.
(b) Alteration of Bridges; Technical Changes.--The Act of
June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the
Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C.
522).
(c) Report of Determination; Technical Correction.--Section
105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C.
1161 note; Public Law 106-562) is amended by striking
``subsection (a),'' and inserting ``paragraph (1),''.
(d) Technical Corrections to Frank LoBiondo Coast Guard
Authorization Act of 2018.--
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and the
item relating to such section in section 2 of such Act
are repealed, and the provisions of law redesignated,
transferred, or otherwise amended by section 408 are
amended to read as if such section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``Chapter 30'' and inserting
``Chapter 3''.
(3) Section 810(d) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``within 30 days after receiving
the notice under subsection (a)(1), the Secretary
shall, by not later than 60 days after transmitting
such notice,'' and inserting ``in accordance within
subsection (a)(2), the Secretary shall''.
(4) Section 820(a) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``years 2018 and'' and inserting
``year''.
(5) Section 820(b)(2) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting ``and the Consolidated
Appropriations Act, 2018 (Public Law 115-141)'' after
``(Public Law 115-31)''.
(6) Section 821(a)(2) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``Coast Guard Authorization Act of
2017'' and inserting ``Frank LoBiondo Coast Guard
Authorization Act of 2018''.
(7) This section shall take effect on the date of
the enactment of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and
apply as if included therein.
(e) Technical Correction.--Section 533(d)(2)(A) of the
Coast Guard Authorization Act of 2016 (Public Law 114-120) is
amended by striking ``Tract 6'' and inserting ``such Tract''.
(f) Distant Water Tuna Fleet; Technical Corrections.--
Section 421 of the Coast Guard and Maritime Transportation Act
of 2006 (Public Law 109-241) is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and
inserting the following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Definition.--In this subsection, the term
`treaty area' has the meaning given the term in the
Treaty on Fisheries Between the Governments of Certain
Pacific Island States and the Government of the United
States of America as in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241).''; and
(2) in subsection (c)--
(A) by striking ``12.6 or 12.7'' and
inserting ``13.6''; and
(B) by striking ``and Maritime
Transportation Act of 2012'' and inserting
``Authorization Act of 2020''.
SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND
WATERWAYS SAFETY ACT.
Effective upon the enactment of section 401 of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-
282), and notwithstanding section 402(e) of such Act--
(1) section 16 of the Ports and Waterways Safety
Act, as added by section 315 of the Countering
America's Adversaries Through Sanctions Act (Public Law
115-44; 131 Stat. 947)--
(A) is redesignated as section 70022 of
title 46, United States Code, transferred to
appear after section 70021 of that title, and
amended so that the enumerator, section
heading, typeface, and typestyle conform to
those appearing in other sections in title 46,
United States Code; and
(B) as so redesignated and transferred, is
amended--
(i) in subsections (b) and (e), by
striking ``section 4(a)(5)'' each place
it appears and inserting ``section
70001(a)(5)'';
(ii) in subsection (c)(2), by
striking ``not later than'' and all
that follows through ``thereafter,''
and inserting ``periodically''; and
(iii) by striking subsection (h);
and
(2) chapter 700 of title 46, United States Code, is
amended--
(A) in section 70002(2), by inserting ``or
70022'' after ``section 70021'';
(B) in section 70036(e), by inserting ``or
70022'' after ``section 70021''; and
(C) in the analysis for such chapter--
(i) by inserting ``Sec.'' above the
section items, in accordance with the
style and form of such an entry in
other chapter analyses of such title;
and
(ii) by adding at the end the
following:
``70022. Prohibition on entry and operation.''.
SEC. 8509. AIDS TO NAVIGATION.
(a) Section 541 of title 14, United States Code, is
amended--
(1) by striking ``In'' and inserting ``(a) In'';
and
(2) by adding at the end the following:
``(b) In the case of pierhead beacons, the Commandant may--
``(1) acquire, by donation or purchase in behalf of
the United States, the right to use and occupy sites
for pierhead beacons; and
``(2) properly mark all pierheads belonging to the
United States situated on the northern and northwestern
lakes, whenever the Commandant is duly notified by the
department charged with the construction or repair of
pierheads that the construction or repair of any such
pierheads has been completed.''.
(b) Subchapter III of chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 548. Prohibition against officers and employees being interested
in contracts for materials
``No officer, enlisted member, or civilian member of the
Coast Guard in any manner connected with the construction,
operation, or maintenance of lighthouses, shall be interested,
either directly or indirectly, in any contract for labor,
materials, or supplies for the construction, operation, or
maintenance of lighthouses, or in any patent, plan, or mode of
construction or illumination, or in any article of supply for
the construction, operation, or maintenance of lighthouses.
``Sec. 549. Lighthouse and other sites; necessity and sufficiency of
cession by State of jurisdiction
``(a) No lighthouse, beacon, public pier, or landmark,
shall be built or erected on any site until cession of
jurisdiction over the same has been made to the United States.
``(b) For the purposes of subsection (a), a cession by a
State of jurisdiction over a place selected as the site of a
lighthouse, or other structure or work referred to in
subsection (a), shall be deemed sufficient if the cession
contains a reservation that process issued under authority of
such State may continue to be served within such place.
``(c) If no reservation of service described in subsection
(b) is contained in a cession, all process may be served and
executed within the place ceded, in the same manner as if no
cession had been made.
``Sec. 550. Marking pierheads in certain lakes
``The Commandant of the Coast Guard shall properly mark all
pierheads belonging to the United States situated on the
northern and northwestern lakes, whenever he is duly notified
by the department charged with the construction or repair of
pierheads that the construction or repair of any such pierhead
has been completed.''.
(c) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, is amended by inserting after the
item relating to section 547 the following:
``548. Prohibition against officers and employees being interested in
contracts for materials.
``549. Lighthouse and other sites; necessity and sufficiency of cession
by State of jurisdiction.
``550. Marking pierheads in certain lakes.''.
SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE.
(a) Section 6 of chapter 103 of the Act of June 20, 1918
(33 U.S.C. 763) is repealed.
(b) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2531 the following:
``Sec. 2532. Retirement of employees
``(a) Optional Retirement.--Except as provided in
subsections (d) and (e), a covered employee may retire from
further performance of duty if such officer or employee--
``(1) has completed 30 years of active service in
the Government and is at least 55 years of age;
``(2) has completed 25 years of active service in
the Government and is at least 62 years of age; or
``(3) is involuntarily separated from further
performance of duty, except by removal for cause on
charges of misconduct or delinquency, after completing
25 years of active service in the Government, or after
completing 20 years of such service and if such
employee is at least 50 years of age.
``(b) Compulsory Retirement.--A covered employee who
becomes 70 years of age shall be compulsorily retired from
further performance of duty.
``(c) Retirement for Disability.--
``(1) In general.--A covered employee who has
completed 15 years of active service in the Government
and is found, after examination by a medical officer of
the United States, to be disabled for useful and
efficient service by reason of disease or injury not
due to vicious habits, intemperance, or willful
misconduct of such officer or employee, shall be
retired.
``(2) Restoration to active duty.--Any individual
retired under paragraph (1) may, upon recovery, be
restored to active duty, and shall from time to time,
before reaching the age at which such individual may
retire under subsection (a), be reexamined by a medical
officer of the United States upon the request of the
Secretary of the department in which the Coast Guard is
operating.
``(d) Annual Compensation.--
``(1) In general.--Except as provided in paragraph
(2), The annual compensation of a person retired under
this section shall be a sum equal to one-fortieth of
the average annual pay received for the last 3 years of
service for each year of active service in the
Lighthouse Service, or in a department or branch of the
Government having a retirement system, not to exceed
thirty-fortieths of such average annual pay received.
``(2) Retirement before 55.--The retirement pay
computed under paragraph (1) for any officer or
employee retiring under this section shall be reduced
by one-sixth of 1 percent for each full month the
officer or employee is under 55 years of age at the
date of retirement.
``(3) No allowance or subsistence.--Retirement pay
under this section shall not include any amount on
account of subsistence or other allowance.
``(e) Exception.--The retirement and pay provision in this
section shall not apply to--
``(1) any person in the field service of the
Lighthouse Service whose duties do not require
substantially all their time; or
``(2) persons of the Coast Guard.
``(f) Waiver.--Any person entitled to retirement pay under
this section may decline to accept all or any part of such
retirement pay by a waiver signed and filed with the Secretary
of the Treasury. Such waiver may be revoked in writing at any
time, but no payment of the retirement pay waived shall be made
covering the period during which such waiver was in effect.
``(g) Definition.--For the purposes of this section, the
term `covered employee' means an officer or employee engaged in
the field service or on vessels of the Lighthouse Service,
except a person continuously employed in district offices or
shop.''.
(c) Clerical Amendment.--The analysis for chapter 25 of
title 14, United States Code, is amended by inserting after the
item relating to section 2531 the following:
``2532. Retirement of employees.''.
SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE
EMPLOYEES.
(a) Benefit to Surviving Spouses.--Chapter 25 of title 14,
United States Code, is further amended by inserting after
section 2532 (as added by this division) the following:
``Sec. 2533. Surviving spouses
``The Secretary of the department in which the Coast Guard
is operating shall pay $100 per month to the surviving spouse
of a current or former employee of the Lighthouse Service in
accordance with section 2532 if such employee dies--
``(1) at a time when such employee was receiving or
was entitled to receive retirement pay under this
subchapter; or
``(2) from non-service-connected causes after
fifteen or more years of employment in such service.''.
(b) Transfers Related to Surviving Spouses of Lighthouse
Service Employees.--
(1) Chapter 25 of title 14, United States Code, is
amended by inserting after section 2533 (as added by
this division) the following:
``Sec. 2534. Application for benefits''.
(2)(A) Section 3 of chapter 761 of the Act of
August 19, 1950 (33 U.S.C. 773), is redesignated as
section 2534(a) of title 14, United States Code,
transferred to appear after the heading of section 2534
of that title, and amended so that the enumerator,
section heading, typeface, and typestyle conform to
those appearing in other sections in title 14, United
States Code.
(B) Section 2534(a), as so redesignated,
transferred, and amended is further amended by striking
``this Act'' and inserting ``section 2533''.
(3)(A) Section 4 of chapter 761 of the Act of
August 19, 1950 (33 U.S.C. 774), is redesignated as
section 2534(b) of title 14, United States Code,
transferred to appear after section 2534(a) of that
title, and amended so that the enumerator, section
heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States
Code.
(B) Section 2534(b), as so redesignated,
transferred, and amended is further amended by striking
``the provisions of this Act'' and inserting ``section
2533''.
(4)(A) The proviso under the heading ``Payment to
Civil Service Retirement and Disability Fund'' of title
V of division C of Public Law 112-74 (33 U.S.C. 776) is
redesignated as section 2534(c) of title 14, United
States Code, transferred to appear after section
2534(b) of that title, and amended so that the
enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title
14, United States Code.
(B) Section 2534(c), as so redesignated,
transferred, and amended is further amended by striking
``the Act of May 29, 1944, and the Act of August 19,
1950 (33 U.S.C. 771-775),'' and inserting ``section
2533''.
(c) Clerical Amendment.--The analysis for chapter 25 of
title 14, United States Code, is further amended by inserting
after the item relating to section 2532 (as added by this
division) the following:
``2533. Surviving spouses.
``2534. Application for benefits.''.
SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES.
(a) In General.--The following provisions are repealed:
(1) Section 4680 of the Revised Statutes of the
United States (33 U.S.C. 725).
(2) Section 4661 of the Revised Statutes of the
United States (33 U.S.C. 727).
(3) Section 4662 of the Revised Statutes of the
United States (33 U.S.C. 728).
(4) The final paragraph in the account ``For Life-
Saving and Life-Boat Stations'' under the heading
Treasury Department in the first section of chapter 130
of the Act of March 3, 1875 (33 U.S.C. 730a).
(5) Section 11 of chapter 301 of the Act of June
17, 1910 (33 U.S.C. 743).
(6) The first section of chapter 215 of the Act of
May 13, 1938 (33 U.S.C. 745a).
(7) The first section of chapter 313 of the Act of
February 25, 1929 (33 U.S.C. 747b).
(8) Section 2 of chapter 103 of the Act of June 20,
1918 (33 U.S.C. 748).
(9) Section 4 of chapter 371 of the Act of May 22,
1926 (33 U.S.C. 754a).
(10) Chapter 642 of the Act of August 10, 1939 (33
U.S.C. 763a-1).
(11) Chapter 788 of the Act of October 29, 1949 (33
U.S.C. 763-1).
(12) Chapter 524 of the Act of July 9, 1956 (33
U.S.C. 763-2).
(13) The last 2 provisos under the heading
Lighthouse Service, under the heading Department of
Commerce, in the first section of chapter 161 of the
Act of March 4, 1921 (41 Stat. 1417, formerly 33 U.S.C.
764).
(14) Section 3 of chapter 215 of the Act of May 13,
1938 (33 U.S.C. 770).
(15) The first section and section 2 of chapter 761
of the Act of August 19, 1950 (33 U.S.C. 771 and 772).
(b) Savings.--
(1) Notwithstanding any repeals made by this
section, any individual beneficiary currently receiving
payments under the authority of any provisions repealed
in this section shall continue to receive such
benefits.
(2) Notwithstanding the repeals made under
paragraphs (10) and (11) of subsection (a), any pay
increases made under chapter 788 of the Act of October
29, 1949, and chapter 524 of the Act of July 9, 1956,
as in effect prior to their repeal shall remain in
effect.
SEC. 8513. COMMON APPROPRIATION STRUCTURE.
(a) Common Appropriations Structure.--
(1) Prospective payment of funds necessary to
provide medical care.--Section 506 of title 14, United
States Code, is amended--
(A) in subsection (a)(1), by inserting ``as
established under chapter 56 of title 10''
after ``Medicare-Eligible Retiree Health Care
Fund''; and
(B) in subsection (b)(1), by striking
``operating expenses'' and inserting
``operations and support''.
(2) Use of certain appropriated funds.--Section 903
of title 14, United States Code, is amended--
(A) in subsection (a), by striking
``acquisition, construction, and improvement of
facilities, for research, development, test,
and evaluation; and for the alteration of
bridges over the navigable waters'' and
inserting ``procurement, construction, and
improvement of facilities and for research and
development''; and
(B) in subsection (d)(1), amended by
section 241(b)(1), by striking ``operating
expenses'' and inserting ``operations and
support''.
(3) Confidential investigative expenses.--Section
944 of title 14, United States Code, is amended--
(A) by striking ``necessary expenses for
the operation'' and inserting ``the operations
and support''; and
(B) by striking ``his'' each place it
appears and inserting ``the Commandant's''.
(4) Procurement of personnel.--Section 2701 of
title 14, United States Code, is amended--
(A) by striking ``operating expense'' and
inserting ``operations and support'';
(B) by striking ``but not limited to''; and
(C) by striking ``in order''.
(5) Requirement for prior authorization of
appropriations.--Section 4901 of title 14, United
States Code, is amended--
(A) in paragraph (1), by striking
``maintenance'' and inserting ``support'';
(B) in paragraph (2), by striking
``acquisition'' and inserting ``procurement'';
(C) by striking paragraphs (3), (4), and
(6);
(D) by redesignating paragraph (5) as
paragraph (3); and
(E) in paragraph (3), as redesignated by
subparagraph (D), by striking ``research,
development, test, and evaluation'' and
inserting ``research and development.''.
(b) Title 46.--Sections 3317(b), 7504, 80301(c), and
80505(b)(3) of title 46, United States Code, are each amended
by striking ``operating expenses'' and inserting ``operations
and support''.
(c) Oil Spill Liability Trust Fund.--Section 1012(a)(5)(A)
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is
amended by striking ``operating expenses'' and inserting
``operations and support''.
TITLE LVXXXVI--FEDERAL MARITIME COMMISSION
SEC. 8601. SHORT TITLE.
This title may be cited as the ``Federal Maritime
Commission Authorization Act of 2020''.
SEC. 8602. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by
striking ``$28,012,310 for fiscal year 2018 and $28,544,543 for
fiscal year 2019'' and inserting ``$29,086,888 for fiscal year
2020 and $29,639,538 for fiscal year 2021''.
SEC. 8603. UNFINISHED PROCEEDINGS.
Section 305 of title 46, United States Code, is amended--
(1) by striking ``The Federal'' and inserting ``(a)
In General.--The Federal''; and
(2) by adding at the end the following:
``(b) Transparency.--
``(1) In general.--In conjunction with the
transmittal by the President to the Congress of the
Budget of the United States for fiscal year 2021 and
biennially thereafter, the Federal Maritime Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives reports that describe the Commission's
progress toward addressing the issues raised in each
unfinished regulatory proceeding, regardless of whether
the proceeding is subject to a statutory or regulatory
deadline.
``(2) Format of reports.--Each report under
paragraph (1) shall, among other things, clearly
identify for each unfinished regulatory proceeding--
``(A) the popular title;
``(B) the current stage of the proceeding;
``(C) an abstract of the proceeding;
``(D) what prompted the action in question;
``(E) any applicable statutory, regulatory,
or judicial deadline;
``(F) the associated docket number;
``(G) the date the rulemaking was
initiated;
``(H) a date for the next action; and
``(I) if a date for the next action
identified in the previous report is not met,
the reason for the delay.''.
SEC. 8604. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the
Federal Maritime Commission.
``(2) Committee.--The term `Committee' means the
National Shipper Advisory Committee established under
section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National
Shipper Advisory Committee.
``(b) Function.--The Committee shall advise the Federal
Maritime Commission on policies relating to the
competitiveness, reliability, integrity, and fairness of the
international ocean freight delivery system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of
24 members appointed by the Commission in accordance
with this section.
``(2) Expertise.--Each member of the Committee
shall have particular expertise, knowledge, and
experience in matters relating to the function of the
Committee.
``(3) Representation.--REPRESENTATION.--Members of
the Committee shall be appointed as follows: --
``(A) Twelve members shall represent
entities who import cargo to the United States
using ocean common carriers.
``(B) Twelve members shall represent
entities who export cargo from the United
States using ocean common carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once
each year, meet at the call of the Commission or a majority of
the members of the Committee.
``(b) Employee Status.--A member of the Committee shall not
be considered an employee of the Federal Government by reason
of service on such Committee, except for the purposes of the
following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal
law relating to tort liability.
``(c) Volunteer Services and Compensation.--
``(1) Notwithstanding any other provision of law, a
member of the Committee may serve on such committee on
a voluntary basis without pay.
``(2) No member of the Committee shall receive
compensation for service on the Committee.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph
(2), with respect to a member of the Committee whom the
Commission appoints to represent an entity or group--
``(A) the member is authorized to represent
the interests of the applicable entity or
group; and
``(B) requirements under Federal law that
would interfere with such representation and
that apply to a special Government employee (as
defined in section 202(a) of title 18),
including requirements relating to employee
conduct, political activities, ethics,
conflicts of interest, and corruption, do not
apply to the member.
``(2) Exception.--Notwithstanding subsection (b), a
member of the Committee shall be treated as a special
Government employee for purposes of the committee
service of the member if the member, without regard to
service on the Committee, is a special Government
employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before
appointing an individual as a member of the Committee,
the Commission shall publish a timely notice in the
Federal Register soliciting nominations for membership
on such Committee.
``(2) Appointments.--
``(A) In general.--After considering
nominations received pursuant to a notice
published under paragraph (1), the Commission
may appoint a member to the Committee.
``(B) Prohibition.--The Commission shall
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
``(3) Service at pleasure of commission.--Each
member of the Committee shall serve at the pleasure of
the Commission.
``(4) Security background examinations.--The
Commission may require an individual to have passed an
appropriate security background examination before
appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be
appointed as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member
of the Committee shall expire on December 31 of
the third full year after the effective date of
the appointment.
``(B) Continued service after term.--When
the term of a member of the Committee ends, the
member, for a period not to exceed 1 year, may
continue to serve as a member until a successor
is appointed.
``(7) Vacancies.--A vacancy on the Committee shall
be filled in the same manner as the original
appointment.
``(8) Special rule for reappointments.--
Notwithstanding paragraphs (1) and (2), the Commission
may reappoint a member of a committee for any term,
other than the first term of the member, without
soliciting, receiving, or considering nominations for
such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission
to be necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a
Chair and Vice Chair from among the committee's
members.
``(2) Vice chairman acting as chairman.--The Vice
Chair shall act as Chair in the absence or incapacity
of, or in the event of a vacancy in the office of, the
Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may
establish and disestablish subcommittees and working
groups for any purpose consistent with the function of
the Committee.
``(2) Participants.--Subject to conditions imposed
by the Chair, members of the Committee may be assigned
to subcommittees and working groups established under
paragraph (1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant
action, the Commission shall consult with, and consider
the information, advice, and recommendations of, the
Committee if the function of the Committee is to advise
the Commission on matters related to the significant
action.
``(2) Advice, reports, and recommendations.--The
Committee shall submit, in writing, to the Commission
its advice, reports, and recommendations, in a form and
at a frequency determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than
60 days after the date on which the Commission receives
recommendations from the Committee under paragraph (2),
the Commission shall--
``(A) publish the recommendations on a
public website; and
``(B) respond, in writing, to the Committee
regarding the recommendations, including by
providing an explanation of actions taken
regarding the recommendations.
``(4) Submission to congress.--The Commission shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the advice, reports, and recommendations
received from the Committee under paragraph (2).
``(j) Observers.--The Commission may designate a
representative to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on
September 30, 2029.''.
(b) No Additional Funds Authorized.--No funds in addition
to the funds authorized in section 308 of title 46, United
States Code, are authorized to carry out this title or the
amendments made by this section.
(c) Clerical Amendment.--The analysis for subtitle IV of
title 46, United States Code, is amended by inserting after the
item related to chapter 423 the following:
``Chapter 425--National Shipper Advisory Committee''.
SEC. 8605. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS.
(a) Transfer.--
(1) Subtitle IV of title 46, United States Code, is
amended by adding at the end the following:
``PART D--FEDERAL MARITIME COMMISSION
``CHAPTER 461--FEDERAL MARITIME COMMISSION''.
(2) Chapter 3 of title 46, United States Code, is
redesignated as chapter 461 of part D of subtitle IV of
such title and transferred to appear in such part.
(3) Sections 301 through 308 of such title are
redesignated as sections 46101 through 46108,
respectively, of such title.
(b) Conforming Amendments.--
(1) Section 46101(c)(3)(A)(v) of title 46, United
States Code, as so redesignated, is amended by striking
``304'' and inserting ``46104''.
(2) section 322(b) of the Coast Guard Personnel and
Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is
amended by striking ``208 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1118)'' and inserting ``46106(a)
of title 46, United States Code''.
(3) Section 1031(23) of the National Defense
Authorization Act for Fiscal Year 2000 (31 U.S.C. 1113
note) is amended by striking ``208, 901(b)(2), and 1211
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118,
1241(b)(2), 1291)'' and inserting ``44106(a) and
55305(d) of title 46, United States Code''.
(4) The analysis for subtitle I of title 46, United
States Code, is amended by striking the item relating
to chapter 3.
(5) The analysis for subtitle IV of such title is
amended by adding at the end the following:
``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 Government, the
private sector, and other entities on
issues related to cybersecurity,
infrastructure security, or security
risk management.
``(B) Specified areas.--The areas specified
in this subparagraph are the following:
``(i) Cybersecurity.
``(ii) Infrastructure security.
``(iii) Security risk
management.''.
(b) Amendment to Position Level of CISA Director.--
Subchapter II of chapter 53 of title 5, United States Code, is
amended--
(1) in section 5313, by inserting after
``Administrator of the Transportation Security
Administration.'' the following:
``Director, Cybersecurity and Infrastructure
Security Agency.''; and
(2) in section 5314, by striking ``Director,
Cybersecurity and Infrastructure Security Agency.''.
(c) Executive Assistant Director for Cybersecurity.--
(1) In general.--Section 2203 of the Homeland
Security Act of 2002 (6 U.S.C. 653) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in the heading, by
striking ``Assistant
director.--'' and inserting
``Executive assistant
director.--''; and
(II) in the matter
preceding subparagraph (A)--
(aa) by striking
``Assistant Director
for Cybersecurity'' and
inserting ``Executive
Assistant Director for
Cybersecurity''; and
(bb) by striking
``the `Assistant
Director' and inserting
`the Executive
Assistant Director''';
and
(ii) in paragraph (3)--
(I) by inserting ``or
Assistant Director for
Cybersecurity'' after
``Assistant Secretary for
Cybersecurity and
Communications''; and
(II) by striking
``Assistant Director for
Cybersecurity.'' and inserting
``Executive Assistant Director
for Cybersecurity.''; and
(B) in subsection (b), in the matter
preceding paragraph (1), by striking
``Assistant Director'' and inserting
``Executive Assistant Director''.
(2) Continuation in office.--The individual serving
as the Assistant Director for Cybersecurity of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security on the day before the
date of enactment of this Act may serve as the
Executive Assistant Director for Cybersecurity on and
after that date without the need for renomination or
reappointment.
(d) Executive Assistant Director for Infrastructure
Security.--
(1) In general.--Section 2204 of the Homeland
Security Act of 2002 (6 U.S.C. 654) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in the heading, by
striking ``Assistant
director.--'' and inserting
``Executive assistant
director.--''; and
(II) in the matter
preceding subparagraph (A)--
(aa) by striking
``Assistant Director
for Infrastructure
Security'' and
inserting ``Executive
Assistant Director for
Infrastructure
Security''; and
(bb) by striking
``the `Assistant
Director' and inserting
`the Executive
Assistant Director''';
and
(ii) in paragraph (3)--
(I) by inserting ``or
Assistant Director for
Infrastructure Security'' after
``Assistant Secretary for
Infrastructure Protection'';
and
(II) by striking
``Assistant Director for
Infrastructure Security.'' and
inserting ``Executive Assistant
Director for Infrastructure
Security.''; and
(B) in subsection (b), by striking
``Assistant Director'' in the matter preceding
paragraph (1) and inserting ``Executive
Assistant Director''.
(2) Continuation in office.--The individual serving
as the Assistant Director for Infrastructure Security
of the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security on the day
before the date of enactment of this Act may serve as
the Executive Assistant Director for Infrastructure
Security on and after that date without the need for
renomination or reappointment.
(e) Executive Assistant Director for Emergency
Communications.--
(1) In general.--Section 1801 of the Homeland
Security Act of 2002 (6 U.S.C. 571) is amended--
(A) in subsection (b)--
(i) in the heading, by striking
``Assistant Director.--'' and inserting
``Executive Assistant Director.--'';
(ii) in the first sentence, by
striking ``Assistant Director for
Emergency Communications.'' and
inserting ``Executive Assistant
Director for Emergency Communications
(in this section referred to as the
`Executive Assistant Director').''; and
(iii) in the second and third
sentences, by striking ``Assistant
Director'' both places such term
appears and inserting ``Executive
Assistant Director''; and
(B) in subsection (c), in the matter
preceding paragraph (1), by striking
``Assistant Director for Emergency
Communications'' and inserting ``Executive
Assistant Director'';
(C) in subsection (d), in the matter
preceding paragraph (1), by striking
``Assistant Director for Emergency
Communications'' and inserting ``Executive
Assistant Director'';
(D) in subsection (e), in the matter
preceding paragraph (1), by striking
``Assistant Director for Emergency
Communications'' and inserting ``Executive
Assistant Director''; and
(E) by adding at the end the following new
subsection:
``(g) Reference.--Any reference to the Assistant Director
for Emergency Communications in any law, regulation, map,
document, record, or other paper of the United States shall be
deemed to be a reference to the Executive Assistant Director
for Emergency Communications.''.
(2) Continuation in office.--The individual serving
as the Assistant Director for Emergency Communications
of the Department of Homeland Security on the day
before the date of enactment of this Act may serve as
the Executive Assistant Director for Emergency
Communications on and after that date.
SEC. 9002. SECTOR RISK MANAGEMENT AGENCIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
the Committee on Armed Services in the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services in the Senate.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in
section 1016(e) of Public Law 107-56 (42 U.S.C.
5195c(e)).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Director.--The term ``Director'' means the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department.
(5) Information sharing and analysis
organization.--The term ``information sharing and
analysis organization'' has the meaning given that term
in section 2222(5) of the Homeland Security Act of 2002
(6 U.S.C. 671(5)).
(6) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(7) Sector risk management agency.--The term
``sector risk management agency'' has the meaning given
the term ``Sector-Specific Agency'' in section 2201(5)
of the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
(b) Critical Infrastructure Sector Designation.--
(1) Initial review.--Not later than 180 days after
the date of the enactment of this section, the
Secretary, in consultation with the heads of Sector
Risk Management Agencies, shall--
(A) review the current framework for
securing critical infrastructure, as described
in section 2202(c)(4) of the Homeland Security
Act (6 U.S.C. 652(c)(4)) and Presidential
Policy Directive 21; and
(B) submit to the President and appropriate
congressional committees a report that
includes--
(i) information relating to--
(I) the analysis framework
or methodology used to--
(aa) evaluate the
current framework for
securing critical
infrastructure referred
to in subparagraph (A);
and
(bb) develop
recommendations to--
(AA) revise the
current list of
critical infrastructure
sectors designated
pursuant to
Presidential Policy
Directive 21, any
successor or related
document, or policy; or
(BB) identify and
designate any
subsectors of such
sectors;
(II) the data, metrics, and
other information used to
develop the recommendations
required under clause (ii); and
(ii) recommendations relating to--
(I) revising--
(aa) the current
framework for securing
critical infrastructure
referred to in
subparagraph (A);
(bb) the current
list of critical
infrastructure sectors
designated pursuant to
Presidential Policy
Directive 21, any
successor or related
document, or policy; or
(cc) the
identification and
designation of any
subsectors of such
sectors; and
(II) any revisions to the
list of designated Federal
departments or agencies that
serve as the Sector Risk
Management Agency for a sector
or subsector of such section,
necessary to comply with
paragraph (3)(B).
(2) Periodic evaluation by the secretary.--At least
once every five years, the Secretary, in consultation
with the Director and the heads of Sector Risk
Management Agencies, shall--
(A) evaluate the current list of designated
critical infrastructure sectors and subsectors
of such sectors and the appropriateness of
Sector Risk Management Agency designations, as
set forth in Presidential Policy Directive 21,
any successor or related document, or policy;
and
(B) recommend, as appropriate, to the
President--
(i) revisions to the current list
of designated critical infrastructure
sectors or subsectors of such sectors;
and
(ii) revisions to the designation
of any Federal department or agency
designated as the Sector Risk
Management Agency for a sector or
subsector of such sector.
(3) Review and revision by the president.--Not
later than 180 days after the Secretary submits a
recommendation pursuant to paragraph (1) or (2), the
President shall--
(A) review the recommendation and revise,
as appropriate, the designation of a critical
infrastructure sector or subsector or the
designation of a Sector Risk Management Agency;
and
(B) submit to the appropriate congressional
committees, the Majority and Minority Leaders
of the Senate, and the Speaker and Minority
Leader of the House of Representatives, a
report that includes--
(i) an explanation with respect to
the basis for accepting or rejecting
the recommendations of the Secretary;
and
(ii) information relating to the
analysis framework, methodology,
metrics, and data used to--
(I) evaluate the current
framework for securing critical
infrastructure referred to in
paragraph (1)(A); and
(II) develop--
(aa)
recommendations to
revise--
(AA) the list of
critical infrastructure
sectors designated
pursuant to
Presidential Policy
Directive 21, any
successor or related
document, or policy; or
(BB) the
designation of any
subsectors of such
sectors; and
(bb) the
recommendations of the
Secretary.
(4) Publication.--Any designation of critical
infrastructure sectors shall be published in the
Federal Register.
(c) Sector Risk Management Agencies.--
(1) In general.--Subtitle A of title XXII of the
Homeland Security Act of 2002 is amended by adding at
the end the following new section:
``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES.
``(a) In General.--Consistent with applicable law,
Presidential directives, Federal regulations, and strategic
guidance from the Secretary, each Sector Risk Management
Agency, in coordination with the Director, shall--
``(1) provide specialized sector-specific expertise
to critical infrastructure owners and operators within
its designated critical infrastructure sector or
subsector of such sector; and
``(2) support programs and associated activities of
such sector or subsector of such sector.
``(b) Implementation.--In carrying out this section, Sector
Risk Management Agencies shall--
``(1) coordinate with the Department and, as
appropriate, other relevant Federal departments and
agencies;
``(2) collaborate with critical infrastructure
owners and operators within the designated critical
infrastructure sector or subsector of such sector; and
``(3) coordinate with independent regulatory
agencies, and State, local, Tribal, and territorial
entities, as appropriate.
``(c) Responsibilities.--Consistent with applicable law,
Presidential directives, Federal regulations, and strategic
guidance from the Secretary, each Sector Risk Management Agency
shall utilize its specialized expertise regarding its
designated critical infrastructure sector or subsector of such
sector and authorities under applicable law to--
``(1) support sector risk management, in
coordination with the Director, including--
``(A) establishing and carrying out
programs to assist critical infrastructure
owners and operators within the designated
sector or subsector of such sector in
identifying, understanding, and mitigating
threats, vulnerabilities, and risks to their
systems or assets, or within a region, sector,
or subsector of such sector; and
``(B) recommending security measures to
mitigate the consequences of destruction,
compromise, and disruption of systems and
assets;
``(2) assess sector risk, in coordination with the
Director, including--
``(A) identifying, assessing, and
prioritizing risks within the designated sector
or subsector of such sector, considering
physical security and cybersecurity threats,
vulnerabilities, and consequences; and
``(B) supporting national risk assessment
efforts led by the Department;
``(3) sector coordination, including--
``(A) serving as a day-to-day Federal
interface for the prioritization and
coordination of sector-specific activities and
responsibilities under this title;
``(B) serving as the Federal Government
coordinating council chair for the designated
sector or subsector of such sector; and
``(C) participating in cross-sector
coordinating councils, as appropriate;
``(4) facilitating, in coordination with the
Director, the sharing with the Department and other
appropriate Federal department of information regarding
physical security and cybersecurity threats within the
designated sector or subsector of such sector,
including--
``(A) facilitating, in coordination with
the Director, access to, and exchange of,
information and intelligence necessary to
strengthen the security of critical
infrastructure, including through information
sharing and analysis organizations and the
national cybersecurity and communications
integration center established pursuant to
section 2209;
``(B) facilitating the identification of
intelligence needs and priorities of critical
infrastructure owners and operators in the
designated sector or subsector of such sector,
in coordination with the Director of National
Intelligence and the heads of other Federal
departments and agencies, as appropriate;
``(C) providing the Director, and
facilitating awareness within the designated
sector or subsector of such sector, of ongoing,
and where possible, real-time awareness of
identified threats, vulnerabilities,
mitigations, and other actions related to the
security of such sector or subsector of such
sector; and
``(D) supporting the reporting requirements
of the Department under applicable law by
providing, on an annual basis, sector-specific
critical infrastructure information;
``(5) supporting incident management, including--
``(A) supporting, in coordination with the
Director, incident management and restoration
efforts during or following a security
incident; and
``(B) supporting the Director, upon
request, in national cybersecurity asset
response activities for critical
infrastructure; and
``(6) contributing to emergency preparedness
efforts, including--
``(A) coordinating with critical
infrastructure owners and operators within the
designated sector or subsector of such sector
and the Director in the development of planning
documents for coordinated action in the event
of a natural disaster, act of terrorism, or
other man-made disaster or emergency;
``(B) participating in and, in coordination
with the Director, conducting or facilitating,
exercises and simulations of potential natural
disasters, acts of terrorism, or other man-made
disasters or emergencies within the designated
sector or subsector of such sector; and
``(C) supporting the Department and other
Federal departments or agencies in developing
planning documents or conducting exercises or
simulations when relevant to the designated
sector or subsector or such sector.''.
(2) Technical and conforming amendments.--The
Homeland Security Act of 2002 is amended--
(A) in section 320--
(i) in subsection (d)(3)(C), by
striking ``Sector-Specific Agency'' and
inserting ``Sector Risk Management
Agency''; and
(ii) in subsection (e)(1), by
striking ``Sector-Specific Agency'' and
inserting ``Sector Risk Management
Agency'';
(B) in section 524--
(i) in subsection (b)(2)(E)(i)(II),
by striking ``sector-specific agency''
and inserting ``Sector Risk Management
Agency''; and
(ii) in subsection (c)(1)(B), by
striking ``sector-specific agency'' and
inserting ``Sector Risk Management
Agency'';
(C) in section 2201(5)--
(i) in the paragraph heading, by
striking ``Sector-specific agency'' and
inserting ``Sector risk management
agency''; and
(ii) by striking ``Sector-Specific
Agency'' and inserting ``Sector Risk
Management Agency'';
(D) in section 2202(i), by striking
``Sector-Specific Agency'' and inserting
``Sector Risk Management Agency''; and
(E) in section 2214(c)(4), by striking
``sector-specific agency'' and inserting
``Sector Risk Management Agency''.
(3) References.--Any reference to a Sector Specific
Agency (including any permutations or conjugations
thereof) in any law, regulation, map, document, record,
or other paper of the United States shall be deemed
to--
(A) be a reference to the Sector Risk
Management Agency of the relevant critical
infrastructure sector; and
(B) have the meaning give such term in
section 2201(5) of the Homeland Security Act of
2002.
(4) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
2214 the following new item:
``Sec. 2215. Sector Risk Management Agencies.''.
(d) Report and Auditing.--Not later than two years after
the date of the enactment of this Act and every four years
thereafter for 12 years, the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
effectiveness of Sector Risk Management Agencies in carrying
out their responsibilities under section 2215 of the Homeland
Security Act of 2002, as added by this section.
SEC. 9003. REVIEW AND ANALYSIS OF INLAND WATERS SEAPORT SECURITY.
(a) Seaport Cargo Review.--
(1) Elements.--The Secretary of Homeland Security
shall conduct a review of all Great Lakes and selected
inland waters seaports that receive international
cargo--
(A) to determine, for each such seaport--
(i) the current screening
capability, including the types and
numbers of screening equipment and
whether such equipment is physically
located at a seaport or assigned and
available in the area and made
available to use;
(ii) the number of U.S. Customs and
Border Protection personnel assigned
from a Field Operations office, broken
out by role;
(iii) the expenditures for
procurement and overtime incurred by
U.S. Customs and Border Protection
during the most recent fiscal year;
(iv) the types of cargo received,
such as containerized, break-bulk, and
bulk;
(v) the legal entity that owns the
seaport;
(vi) a description of the use of
space at the seaport by U.S. Customs
and Border Protection, including--
(I) whether U.S. Customs
and Border Protection or the
General Services Administration
owns or leases any facilities
at the seaport; and
(II) if U.S. Customs and
Border Protection is provided
space at the seaport, a
description of such space,
including the number of
workstations; and
(vii) the current cost-sharing
arrangement for screening technology or
reimbursable services;
(B) to identify, for each Field Operations
office--
(i) any ports of entry that are
staffed remotely from service ports;
(ii) the distance of each such
service port from the corresponding
ports of entry; and
(iii) the number of officers and
the types of equipment U.S. Customs and
Border Protection uses to screen cargo
entering or exiting through such ports;
and
(C) that includes a threat assessment of
incoming containerized and noncontainerized
cargo at Great Lakes seaports and selected
inland waters seaports.
(2) Seaport selection.--In selecting seaports on
inland waters to include in the review under paragraph
(1), the Secretary of Homeland Security shall ensure
that the inland waters seaports are--
(A) equal in number to the Great Lakes
seaports included in the review;
(B) comparable to Great Lakes seaports
included in the review, as measured by number
of imported shipments arriving at the seaport
each year; and
(C) covered by at least the same number of
Field Operations offices as the Great Lakes
seaports included in the review, but are not
covered by the same Field Operations offices as
such Great Lakes seaports.
(3) Report required.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit
to the appropriate congressional committees a
report containing--
(i) the results of the review
conducted pursuant to paragraph (1);
and
(ii) an explanation of the
methodology used for such review
regarding the screening practices for
foreign cargo arriving at seaports on
the Great Lakes and inland waters.
(B) Form.--The report required under
subparagraph (A) shall be submitted in
unclassified form, to the maximum extent
possible, but may include a classified annex,
if necessary.
(b) Inland Waters Threat Analysis.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the appropriate
congressional committees an inland waters threat
analysis containing an identification and description
of--
(A) current and potential terrorism and
criminal threats posed by individuals and
groups seeking--
(i) to enter the United States
through inland waters; or
(ii) to exploit security
vulnerabilities on inland waters;
(B) security challenges at inland waters
ports of the United States regarding--
(i) terrorism and instruments of
terror entering the United States; or
(ii) criminal activity, as measured
by the total flow of illegal goods and
illicit drugs, related to the inland
waters;
(C) security mitigation efforts with
respect to the inland waters--
(i) to prevent terrorists and
instruments of terror from entering the
United States; or
(ii) to reduce criminal activity
related to the inland waters;
(D) vulnerabilities related to cooperation
between State, local, tribal, and territorial
law enforcement, or international agreements,
that hinder effective security,
counterterrorism, anti-trafficking efforts, and
the flow of legitimate trade with respect to
inland waters; and
(E) metrics and performance measures used
by the Secretary of Homeland Security to
evaluate inland waters security, as
appropriate.
(2) Analysis requirements.--In preparing the threat
analysis required under paragraph (1), the Secretary of
Homeland Security shall consider and examine--
(A) technology needs and challenges;
(B) personnel needs and challenges;
(C) the roles of State, local, tribal, and
territorial law enforcement, private sector
partners, and the public, relating to inland
waters security;
(D) the need for cooperation among Federal,
State, local, tribal, territorial, and
international partner law enforcement, private
sector partners, and the public, relating to
inland waters security; and
(E) the challenges posed by geography with
respect to inland waters security.
(3) Form.--The Secretary of Homeland Security shall
submit the threat analysis required under paragraph (1)
in unclassified form, to the maximum extent possible,
but may include a classified annex, if necessary.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(2) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 9004. DEPARTMENT OF HOMELAND SECURITY REPORTS ON DIGITAL CONTENT
FORGERY TECHNOLOGY.
(a) Reports Required.--Not later than one year after the
date of enactment of this Act, and annually thereafter for 5
years, the Secretary of Homeland Security, acting through the
Under Secretary for Science and Technology of the Department of
Homeland Security, and with respect to paragraphs (6) and (7)
of subsection (b), in consultation with the Director of
National Intelligence, shall submit to Congress a report on the
state of digital content forgery technology.
(b) Contents.--Each report produced under subsection (a)
shall include the following:
(1) An assessment of the underlying technologies
used to create or propagate digital content forgeries,
including the evolution of such technologies and
patterns of dissemination of such technologies.
(2) A description of the types of digital content
forgeries, including those used to commit fraud, cause
harm, harass, coerce, or silence vulnerable groups or
individuals, or violate civil rights recognized under
Federal law.
(3) An assessment of how foreign governments, and
the proxies and networks thereof, use, or could use,
digital content forgeries to harm national security.
(4) An assessment of how non-governmental entities
in the United States use, or could use, digital content
forgeries.
(5) An assessment of the uses, applications,
dangers, and benefits, including the impact on
individuals, of deep learning or digital content
forgery technologies used to generate realistic
depictions of events that did not occur.
(6) An analysis of the methods used to determine
whether content is created by digital content forgery
technology, and an assessment of any effective
heuristics used to make such a determination, as well
as recommendations on how to identify and address
suspect content and elements to provide warnings to
users of such content.
(7) A description of the technological
countermeasures that are, or could be, used to address
concerns with digital content forgery technology.
(8) Any additional information the Secretary
determines appropriate.
(c) Consultation and Public Hearings.--In producing each
report required under subsection (a), the Secretary may--
(1) consult with any other agency of the Federal
Government that the Secretary considers necessary; and
(2) conduct public hearings to gather, or otherwise
allow interested parties an opportunity to present,
information and advice relevant to the production of
the report.
(d) Form of Report.--Each report required under subsection
(a) shall be produced in unclassified form, but may contain a
classified annex.
(e) Applicability of Other Laws.--
(1) FOIA.--Nothing in this section, or in a report
produced under this section, may be construed to allow
the disclosure of information or a record that is
exempt from public disclosure under section 552 of
title 5, United States Code (commonly known as the
``Freedom of Information Act'').
(2) Paperwork reduction act.--Subchapter I of
chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act''), shall not
apply to this section.
(f) Digital Content Forgery Defined.--In this section, the
term ``digital content forgery technology'' means the use of
emerging technologies, including artificial intelligence and
machine learning techniques, to fabricate or manipulate audio,
visual, or text content with the intent to mislead.
SEC. 9005. GAO STUDY OF CYBERSECURITY INSURANCE.
(a) Study.--The Comptroller General of the United States
shall conduct a study to assess and analyze the state and
availability of insurance coverage in the United States for
cybersecurity risks, including by--
(1) identifying the number and dollar volume of
cyber insurance policies currently in force and the
percentage of businesses, and specifically small
businesses, that have cyber insurance coverage;
(2) assessing the extent to which States have
established minimum standards for the scope of cyber
insurance policies; and
(3) identifying any barriers to modeling and
underwriting cybersecurity risks.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report setting forth the findings and conclusions of
the study conducted under subsection (a), including--
(1) recommendations on whether intervention by the
Federal Government would help facilitate the growth and
development of insurers offering coverage for
cybersecurity risks; and
(2) a discussion of the availability and
affordability of such coverage and policyholder
education regarding such coverage.
SEC. 9006. STRATEGY TO SECURE EMAIL.
(a) In General.--Not later than December 31, 2021, the
Secretary of Homeland Security shall develop and submit to
Congress a strategy, including recommendations, to implement
across all United States-based email providers Domain-based
Message Authentication, Reporting, and Conformance standard at
scale.
(b) Elements.--The strategy required under subsection (a)
shall include the following:
(1) A recommendation for the minimum-size threshold
for United States-based email providers for
applicability of Domain-based Message Authentication,
Reporting, and Conformance.
(2) A description of the security and privacy
benefits of implementing the Domain-based Message
Authentication, Reporting, and Conformance standard at
scale, including recommendations for national security
exemptions, as appropriate, as well as the burdens of
such implementation and an identification of the
entities on which such burdens would most likely fall.
(3) An identification of key United States and
international stakeholders associated with such
implementation.
(4) An identification of any barriers to such
implementation, including a cost-benefit analysis where
feasible.
(5) An initial estimate of the total cost to the
Federal Government and implementing entities in the
private sector of such implementation, including
recommendations for defraying such costs, if
applicable.
(c) Consultation.--In developing the strategy and
recommendations under subsection (a), the Secretary of Homeland
Security may, as appropriate, consult with representatives from
the information technology sector.
(d) Definition.--In this section, the term ``Domain-based
Message Authentication, Reporting, and Conformance'' means an
email authentication, policy, and reporting protocol that
verifies the authenticity of the sender of an email and blocks
and reports to the sender fraudulent accounts.
SEC. 9007. DEPARTMENT OF HOMELAND SECURITY LARGE-SCALE NON-INTRUSIVE
INSPECTION SCANNING PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a plan for
increasing to 100 percent the rate of high-throughput scanning
of commercial and passenger vehicles and freight rail traffic
entering the United States at land ports of entry and rail-
border crossings along the border using large-scale non-
intrusive inspection systems or similar technology to enhance
border security.
(b) Baseline Information.--The plan under subsection (a)
shall include, at a minimum, the following information
regarding large-scale non-intrusive inspection systems or
similar technology operated by U.S. Customs and Border
Protection at land ports of entry and rail-border crossings as
of the date of the enactment of this Act:
(1) An inventory of large-scale non-intrusive
inspection systems or similar technology in use at each
land port of entry.
(2) For each system or technology identified in the
inventory under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or
technology at each land port of entry that
specifies whether in use in pre-primary,
primary, or secondary inspection area, or some
combination of such areas;
(C) the percentage of commercial and
passenger vehicles and freight rail traffic
scanned by such system or technology;
(D) seizure data directly attributed to
scanned commercial and passenger vehicles and
freight rail traffic; and
(E) the number of personnel required to
operate each system or technology.
(3) Information regarding the continued use of
other technology and tactics used for scanning, such as
canines and human intelligence in conjunction with
large scale, nonintrusive inspection systems.
(c) Elements.--The plan under subsection (a) shall include
the following elements:
(1) Benchmarks for achieving incremental progress
towards 100 percent high-throughput scanning within the
next 6 years of commercial and passenger vehicles and
freight rail traffic entering the United States at land
ports of entry and rail-border crossings along the
border with corresponding projected incremental
improvements in scanning rates by fiscal year and
rationales for the specified timeframes for each land
port of entry.
(2) Estimated costs, together with an acquisition
plan, for achieving the 100 percent high-throughput
scanning rate within the timeframes specified in
paragraph (1), including acquisition, operations, and
maintenance costs for large-scale, nonintrusive
inspection systems or similar technology, and
associated costs for any necessary infrastructure
enhancements or configuration changes at each port of
entry. Such acquisition plan shall promote, to the
extent practicable, opportunities for entities that
qualify as small business concerns (as defined under
section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(3) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
the total number of commercial and passenger vehicles
and freight rail traffic entering at land ports of
entry and rail-border crossings where such systems are
in use, and average wait times at peak and non-peak
travel times, by lane type if applicable, as scanning
rates are increased.
(4) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
land ports of entry and rail-border crossings border
security operations as a result of implementation
actions, including any changes to the number of U.S.
Customs and Border Protection officers or their duties
and assignments.
(d) Annual Report.--Not later than one year after the
submission of the plan under subsection (a), and biennially
thereafter for the following six years, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report that describes the progress implementing the plan and
includes--
(1) an inventory of large-scale, nonintrusive
inspection systems or similar technology operated by
U.S. Customs and Border Protection at each land port of
entry;
(2) for each system or technology identified in the
inventory required under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or
technology at each land port of entry that
specifies whether in use in pre-primary,
primary, or secondary inspection area, or some
combination of such areas;
(C) the percentage of commercial and
passenger vehicles and freight rail traffic
scanned by such system or technology; and
(D) seizure data directly attributed to
scanned commercial and passenger vehicles and
freight rail traffic;
(3) the total number of commercial and passenger
vehicles and freight rail traffic entering at each land
port of entry at which each system or technology is in
use, and information on average wait times at peak and
non-peak travel times, by lane type if applicable;
(4) a description of the progress towards reaching
the benchmarks referred to in subsection (c)(1), and an
explanation if any of such benchmarks are not achieved
as planned;
(5) a comparison of actual costs (including
information on any awards of associated contracts) to
estimated costs set forth in subsection (c)(2);
(6) any realized impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
land ports of entry and rail-border crossings
operations as a result of implementation actions,
including any changes to the number of U.S. Customs and
Border Protection officers or their duties and
assignments;
(7) any proposed changes to the plan and an
explanation for such changes, including changes made in
response to any Department of Homeland Security
research and development findings or changes in
terrorist or transnational criminal organizations
tactics, techniques, or procedures; and
(8) any challenges to implementing the plan or
meeting the benchmarks, and plans to mitigate any such
challenges.
(e) Definitions.--In this section:
(1) The term ``large-scale, non-intrusive
inspection system'' means a technology, including x-
ray, gamma-ray, and passive imaging systems, capable of
producing an image of the contents of a commercial or
passenger vehicle or freight rail car in 1 pass of such
vehicle or car.
(2) The term ``scanning'' means utilizing
nonintrusive imaging equipment, radiation detection
equipment, or both, to capture data, including images
of a commercial or passenger vehicle or freight rail
car.
TITLE XCI--VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing treatment
via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans.
Sec. 9109. Additional diseases associated with exposure to certain
herbicide agents for which there is a presumption of service
connection for veterans who served in the Republic of Vietnam.
SEC. 9101. MODIFICATION OF LICENSURE REQUIREMENTS FOR DEPARTMENT OF
VETERANS AFFAIRS HEALTH CARE PROFESSIONALS
PROVIDING TREATMENT VIA TELEMEDICINE.
Section 1730C(b) of title 38, United States Code, is
amended to read as follows:
``(b) Covered Health Care Professionals.--For purposes of
this section, a covered health care professional is any of the
following individuals:
``(1) A health care professional who--
``(A) is an employee of the Department
appointed under section 7306, 7401, 7405, 7406,
or 7408 of this title or under title 5;
``(B) is authorized by the Secretary to
provide health care under this chapter;
``(C) is required to adhere to all
standards for quality relating to the provision
of health care in accordance with applicable
policies of the Department; and
``(D)(i) has an active, current, full, and
unrestricted license, registration, or
certification in a State to practice the health
care profession of the health care
professional; or
``(ii) with respect to a health care
profession listed under section 7402(b) of this
title, has the qualifications for such
profession as set forth by the Secretary.
``(2) A postgraduate health care employee who--
``(A) is appointed under section 7401(1),
7401(3), or 7405 of this title or title 5 for
any category of personnel described in
paragraph (1) or (3) of section 7401 of this
title;
``(B) must obtain an active, current, full,
and unrestricted license, registration, or
certification or meet qualification standards
set forth by the Secretary within a specified
time frame; and
``(C) is under the clinical supervision of
a health care professional described in
paragraph (1); or
``(3) A health professions trainee who--
``(A) is appointed under section 7405 or
7406 of this title; and
``(B) is under the clinical supervision of
a health care professional described in
paragraph (1).''.
SEC. 9102. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``The
Secretary'' and inserting ``Except as provided in
subsection (c), the Secretary''; and
(2) by adding at the end the following new
subsection:
``(c) Exception Based on Medical Necessity.--Pursuant to
such regulations as the Secretary shall prescribe to carry out
this section, the Secretary may furnish more than seven days of
health care services described in subsection (b), and may
furnish transportation necessary to receive such services, to a
newborn child based on medical necessity if the child is in
need of additional care, including if the child has been
discharged or released from a hospital and requires
readmittance to ensure the health and welfare of the child.''.
SEC. 9103. EXPANSION OF ELIGIBILITY FOR HUD-VASH.
(a) HUD Provisions.--Section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by
adding at the end the following new subparagraph:
``(D) Veteran defined.--In this paragraph,
the term `veteran' has the meaning given that
term in section 2002(b) of title 38, United
States Code.''.
(b) VHA Case Managers.--Subsection (b) of section 2003 of
title 38, United States Code, is amended by adding at the end
the following: ``In the case of vouchers provided under the
HUD-VASH program under section 8(o)(19) of such Act, for
purposes of the preceding sentence, the term `veteran' shall
have the meaning given such term in section 2002(b) of this
title.''.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
year, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the homelessness services
provided under programs of the Department of Veterans
Affairs, including services under HUD-VASH program
under section 8(o)(19) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(19)).
(2) Included information.--Each such annual report
shall include, with respect to the year preceding the
submittal of the report, a statement of the number of
eligible individuals who were furnished such
homelessness services and the number of individuals
furnished such services under each such program,
disaggregated by the number of men who received such
services and the number of women who received such
services, and such other information as the Secretary
considers appropriate.
SEC. 9104. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON
ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11,
2001.
(a) Study.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with the Bureau of
Labor Statistics of the Department of Labor, shall
conduct a study on why post-9/11 veterans who are women
are at higher risk of unemployment than all other
groups of women veterans and their non-veteran
counterparts.
(2) Conduct of study.--
(A) In general.--The Secretary shall
conduct the study under paragraph (1) through
the Center for Women Veterans under section 318
of title 38, United States Code.
(B) Consultation.--In carrying out the
study conducted under paragraph (1), the
Secretary may consult with--
(i) the Department of Labor;
(ii) other Federal agencies,
including the Department of Defense,
the Office of Personnel Management, and
the Small Business Administration;
(iii) foundations; and
(iv) other entities in the private
sector.
(3) Elements of study.--The study conducted under
paragraph (1) shall include, with respect to post-9/11
veterans who are women, an analysis of each of the
following:
(A) Rank at the time of separation from the
Armed Forces.
(B) Geographic location of residence upon
such separation.
(C) Highest level of education achieved as
of the time of such separation.
(D) The percentage of such veterans who
enrolled in a program of education or an
employment training program of the Department
of Veterans Affairs or the Department of Labor
after such separation.
(E) Industries that have employed such
veterans.
(F) Military occupational specialties of
such veterans while serving as members of the
Armed Forces.
(G) Barriers to employment of such
veterans.
(H) Causes of the fluctuations in
employment of such veterans.
(I) Employment training programs of the
Department of Veterans Affairs or the
Department of Labor that are available to such
veterans as of the date of the enactment of
this Act.
(J) Economic indicators that affect the
unemployment of such veterans.
(K) Health conditions of such veterans that
could affect employment.
(L) Whether there are differences in the
analyses conducted under subparagraphs (A)
through (K) depending on the race of such
veterans.
(M) The difference between unemployment
rates of post-9/11 veterans who are women
compared to unemployment rates of post-9/11
veterans who are men, including an analysis of
potential causes of such difference.
(N) Such other matters as the Secretary
determines appropriate.
(b) Report.--
(1) In general.--Not later than 90 days after
completing the study under subsection (a), the
Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on
such study.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) The analysis conducted under subsection
(a)(3).
(B) A description of the methods used to
conduct the study under subsection (a).
(C) Such other matters relating to the
unemployment rates of post-9/11 veterans who
are women as the Secretary considers
appropriate.
(c) Post-9/11 Veteran Defined.--In this section, the term
``post-9/11 veteran'' means a veteran who served on active duty
in the Armed Forces on or after September 11, 2001.
SEC. 9105. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL EXPOSURE
RECORD.
The Secretary of Veterans Affairs shall provide to a
veteran read-only access to the documents of the veteran
contained in the Individual Longitudinal Exposure Record in a
printable format through a portal accessible through an
internet website of the Department of Veterans Affairs.
SEC. 9106. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNDISBURSED FUNDS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the
undisbursed funds of the Department of Veterans Affairs.
(b) Elements.--The report required under subsection (a)
shall include each of the following:
(1) The total quantities and value, for each of the
preceding ten fiscal years, of--
(A) the undisbursed funds in the possession
of the Department; and
(B) the undisbursed funds of the Department
that were transferred to the Department of
Treasury.
(2) The policies and procedures of the Department
for managing undisbursed funds and for communicating
with veterans, other beneficiaries, and heirs regarding
undisbursed funds.
(3) The challenges regarding the policies and
procedures identified under paragraph (2), any legal
barriers to improving such policies and procedures, and
the plans of the Secretary for improvement.
(c) Review of Report.--The Comptroller General of the
United States shall conduct a review of the report submitted
under subsection (a).
(d) Undisbursed Funds Defined.--The term ``undisbursed
funds''--
(1) means any amount of money that is owed to a
beneficiary and that has not been disbursed--
(A) in the case of an amount that is owed
by reason of an insurance benefit under chapter
19 of title 38, United States Code, for a
period of one year or longer; or
(B) in the case of an amount that is owed
by reason of any other benefit under the laws
administered by the Secretary of Veterans
Affairs, for a period of 30 days or longer; and
(2) does not include any amount of money that--
(A) has not been disbursed due to a
contested claim for benefits under the laws
administered by the Secretary; or
(B) is in dispute by two or more parties
over who is the entitled beneficiary.
SEC. 9107. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF
VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL
CEMETERY ADMINISTRATION.
(a) Agreement.--Beginning on the date that is 180 days
after the date on which the Secretary submits the report
required by subsection (c)(1), the Secretary of Veterans
Affairs shall seek to enter into an agreement with the city of
Vallejo, California, under which the city of Vallejo shall
transfer to the Secretary all right, title, and interest in the
Mare Island Naval Cemetery in Vallejo, California, at no cost
to the Secretary. The Secretary shall seek to enter into such
agreement before the date that is one year after the date on
which such report is submitted.
(b) Maintenance by National Cemetery Administration.--If
the Mare Island Naval Cemetery is transferred to the Secretary
of Veterans Affairs pursuant to subsection (a), the National
Cemetery Administration shall maintain the cemetery in the same
manner as other cemeteries under the jurisdiction of the
National Cemetery Administration.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the feasibility
and advisability of exercising the authority to enter
into an agreement under subsection (a).
(2) Contents.--The report submitted under paragraph
(1) shall include the following:
(A) An assessment of the feasibility and
advisability of entering into such an
agreement.
(B) An estimate of the costs, including
both direct and indirect costs, that the
Department of Veterans Affairs would incur by
entering into such an agreement.
(d) Sense of Congress.--It is the sense of Congress that--
(1) it is only potentially advisable and feasible
to transfer the Mare Island Naval Cemetery from the
city of Vallejo, California, to the Department of
Veterans Affairs because the cemetery was previously
under the control of the Department of Defense; and
(2) the City of Vallejo should provide in-kind non-
monetary contributions for the improvement and
maintenance of Mare Island Naval Cemetery, including
labor and equipment, to the extent practicable, to the
Department of Veterans Affairs, following any transfer
of the cemetery to the Department.
SEC. 9108. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF VETERANS AFFAIRS
HANDLING OF DISABILITY COMPENSATION CLAIMS BY
CERTAIN VETERANS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report containing an evaluation of how the
Department of Veterans Affairs has handled claims for
disability compensation under the laws administered by the
Secretary of Veterans Affairs submitted by veterans who--
(1) have type 1 diabetes; and
(2) have been exposed to an herbicide agent (as
defined in section 1116(a)(3) of title 38, United
States Code).
SEC. 9109. ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN
HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION
OF SERVICE CONNECTION FOR VETERANS WHO SERVED IN
THE REPUBLIC OF VIETNAM.
Section 1116(a)(2) of title 38, United States Code, is
amended by adding at the end the following new subparagraphs:
``(I) Parkinsonism.
``(J) Bladder cancer.
``(K) Hypothyroidism.''.
TITLE XCII--COMMUNICATIONS MATTERS
Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.
SEC. 9201. RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT.
(a) Wireless Emergency Alerts System Offerings.--
(1) Amendment.--Section 602(b)(2)(E) of the
Warning, Alert, and Response Network Act (47 U.S.C.
1201(b)(2)(E)) is amended--
(A) by striking the second and third
sentences; and
(B) by striking ``other than an alert
issued by the President.'' and inserting the
following: ``other than an alert issued by--
``(i) the President; or
``(ii) the Administrator of the
Federal Emergency Management Agency.''.
(2) Regulations.--Not later than 180 days after the
date of enactment of this Act, the Commission, in
consultation with the Administrator, shall adopt
regulations to implement the amendment made by
paragraph (1)(B).
(b) State Emergency Alert System Plans and Emergency
Communications Committees.--
(1) State emergency communications committee.--Not
later than 180 days after the date of enactment of this
Act, the Commission shall adopt regulations that--
(A) encourage the chief executive of each
State--
(i) to establish an SECC if the
State does not have an SECC; or
(ii) if the State has an SECC, to
review the composition and governance
of the SECC;
(B) provide that--
(i) each SECC, not less frequently
than annually, shall--
(I) meet to review and
update its State EAS Plan;
(II) certify to the
Commission that the SECC has
met as required under subclause
(I); and
(III) submit to the
Commission an updated State EAS
Plan; and
(ii) not later than 60 days after
the date on which the Commission
receives an updated State EAS Plan
under clause (i)(III), the Commission
shall--
(I) approve or disapprove
the updated State EAS Plan; and
(II) notify the chief
executive of the State of the
Commission's approval or
disapproval of such plan, and
reason therefor; and
(C) establish a State EAS Plan content
checklist for SECCs to use when reviewing and
updating a State EAS Plan for submission to the
Commission under subparagraph (B)(i).
(2) Consultation.--The Commission shall consult
with the Administrator regarding the adoption of
regulations under paragraph (1)(C).
(3) Definitions.--In this subsection--
(A) the term ``SECC'' means a State
Emergency Communications Committee;
(B) the term ``State'' means any State of
the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, and any possession of the United
States; and
(C) the term ``State EAS Plan'' means a
State Emergency Alert System Plan.
(c) False Alert Reporting.--Not later than 180 days after
the date of enactment of this Act, the Commission, in
consultation with the Administrator, shall complete a
rulemaking proceeding to establish a system to receive from the
Administrator or State, Tribal, or local governments reports of
false alerts under the Emergency Alert System or the Wireless
Emergency Alerts System for the purpose of recording such false
alerts and examining the causes of such false alerts.
(d) Repeating Emergency Alert System Messages for National
Security.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission, in
consultation with the Administrator, shall complete a
rulemaking proceeding to modify the Emergency Alert
System to provide for repeating Emergency Alert System
messages while an alert remains pending that is issued
by--
(A) the President;
(B) the Administrator; or
(C) any other entity determined appropriate
under the circumstances by the Commission, in
consultation with the Administrator.
(2) Scope of rulemaking.--Paragraph (1) shall--
(A) apply to warnings of national security
events, meaning emergencies of national
significance, such as a missile threat, terror
attack, or other act of war or threat to public
safety; and
(B) not apply to more typical warnings,
such as a weather alert, AMBER Alert, or
disaster alert.
(3) Rule of construction.--Nothing in this
subsection shall be construed to impair, limit, or
otherwise change--
(A) the authority of the President granted
by law to alert and warn the public; or
(B) the role of the President as commander-
in-chief with respect to the identification,
dissemination, notification, or alerting of
information of missile threats against the
United States, or threats to public safety.
(e) Internet and Online Streaming Services Emergency Alert
Examination.--
(1) Study.--Not later than 180 days after the date
of enactment of this Act, and after providing public
notice and opportunity for comment, the Commission
shall complete an inquiry to examine the feasibility of
updating the Emergency Alert System to enable or
improve alerts to consumers provided through the
internet, including through streaming services.
(2) Report.--Not later than 90 days after
completing the inquiry under paragraph (1), the
Commission shall submit a report on the findings and
conclusions of the inquiry to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of
the House of Representatives.
(f) Definitions.--In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Emergency Alert System'' means the
national public warning system, the rules for which are
set forth in part 11 of title 47, Code of Federal
Regulations (or any successor regulation); and
(4) the term ``Wireless Emergency Alerts System''
means the wireless national public warning system
established under the Warning, Alert, and Response
Network Act (47 U.S.C. 1201 et seq.), the rules for
which are set forth in part 10 of title 47, Code of
Federal Regulations (or any successor regulation).
SEC. 9202. WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL SECURITY.
(a) Communications Technology Security Funds.--
(1) Public wireless supply chain innovation fund.--
(A) Establishment.--
(i) In general.--There is
established in the Treasury of the
United States a trust fund to be known
as the ``Public Wireless Supply Chain
Innovation Fund'' (referred to in this
paragraph as the ``Innovation Fund'').
(ii) Availability.--
(I) In general.--Amounts
appropriated to the Innovation
Fund shall remain available
through the end of the tenth
fiscal year beginning after the
date on which funds are
appropriated to the Fund.
(II) Remainder to
treasury.--Any amounts
remaining in the Innovation
Fund after the end of the tenth
fiscal year beginning after the
date of appropriation shall be
deposited in the general fund
of the Treasury.
(B) Use of fund.--
(i) In general.--Amounts
appropriated to the Innovation Fund
shall be available to the Secretary,
acting through the NTIA Administrator,
to make grants on a competitive basis
under this paragraph in such amounts as
the Secretary, acting through the NTIA
Administrator, determines appropriate,
subject to clause (ii).
(ii) Limitation on grant amounts.--
The amount of a grant awarded under
this paragraph to a recipient for a
specific research focus area may not
exceed $50,000,000.
(C) Administration of fund.--The Secretary,
acting through the NTIA Administrator, in
consultation with the Commission, the Under
Secretary of Commerce for Standards and
Technology, the Secretary of Homeland Security,
the Secretary of Defense, and the Director of
the Intelligence Advanced Research Projects
Activity of the Office of the Director of
National Intelligence, shall establish criteria
for grants awarded under this paragraph, by the
NTIA Administrator and administer the
Innovation Fund, to support the following:
(i) Promoting and deploying
technology, including software,
hardware, and microprocessing
technology, that will enhance
competitiveness in the fifth-generation
(commonly known as ``5G'') and
successor wireless technology supply
chains that use open and interoperable
interface radio access networks.
(ii) Accelerating commercial
deployments of open interface
standards-based compatible,
interoperable equipment, such as
equipment developed pursuant to the
standards set forth by organizations
such as the O-RAN Alliance, the Telecom
Infra Project, 3GPP, the Open-RAN
Software Community, or any successor
organizations.
(iii) Promoting and deploying
compatibility of new 5G equipment with
future open standards-based,
interoperable equipment.
(iv) Managing integration of multi-
vendor network environments.
(v) Identifying objective criteria
to define equipment as compliant with
open standards for multi-vendor network
equipment interoperability.
(vi) Promoting and deploying
security features enhancing the
integrity and availability of equipment
in multi-vendor networks.
(vii) Promoting and deploying
network function virtualization to
facilitate multi-vendor
interoperability and a more diverse
vendor market.
(D) Nonduplication.--To the greatest extent
practicable, the Secretary, acting through the
NTIA Administrator, shall ensure that any
research funded by a grant awarded under this
paragraph avoids duplication of other Federal
or private sector research.
(E) Timing.--Not later than one year after
the date on which funds are appropriated to the
Innovation Fund, the Secretary, acting through
the NTIA Administrator, shall begin awarding
grants under this paragraph.
(F) Federal advisory body.--
(i) Establishment.--The Secretary,
acting through the NTIA Administrator,
and in consultation with the Under
Secretary of Commerce for Standards and
Technology, shall establish a Federal
advisory committee, in accordance with
the Federal Advisory Committee Act (5
U.S.C. App.), composed of government
and private sector experts, to advise
the Secretary and the NTIA
Administrator on the administration of
the Innovation Fund.
(ii) Composition.--The advisory
committee established under clause (i)
shall be composed of--
(I) representatives from--
(aa) the
Commission;
(bb) the Department
of Defense;
(cc) the
Intelligence Advanced
Research Projects
Activity of the Office
of the Director of
National Intelligence;
(dd) the National
Institute of Standards
and Technology;
(ee) the Department
of State;
(ff) the National
Science Foundation;
(gg) the Department
of Homeland Security;
and
(hh) the National
Telecommunications and
Information
Administration; and
(II) other representatives
from the private and public
sectors, at the discretion of
the NTIA Administrator.
(iii) Duties.--The advisory
committee established under clause (i)
shall advise the Secretary and the NTIA
Administrator on technology
developments to help inform--
(I) the strategic direction
of the Innovation Fund; and
(II) efforts of the Federal
Government to promote a more
secure, diverse, sustainable,
and competitive supply chain.
(G) Reports to congress.--
(i) Initial report.--Not later than
180 days after the date of the
enactment of this Act, the Secretary,
acting through the NTIA Administrator,
shall submit to the relevant committees
of Congress a report with--
(I) additional
recommendations on promoting
the competitiveness and
sustainability of trusted
suppliers in the wireless
supply chain; and
(II) any additional
authorities needed to
facilitate the timely adoption
of open standards-based
equipment, including authority
to provide loans, loan
guarantees, and other forms of
credit extension that would
maximize the use of funds.
(ii) Annual report.--For each
fiscal year for which amounts in the
Innovation Fund are available under
this paragraph, the Secretary, acting
through the NTIA Administrator, shall
submit to Congress a report that--
(I) describes how, and to
whom, amounts in the Innovation
Fund have been deployed;
(II) details the progress
of the Secretary and the NTIA
Administrator in meeting the
objectives described in
subparagraph (C); and
(III) includes any
additional information that the
Secretary and the NTIA
Administrator determine
appropriate.
(2) Multilateral telecommunications security
fund.--
(A) Establishment of fund.--
(i) In general.--There is
established in the Treasury of the
United States a trust fund to be known
as the ``Multilateral
Telecommunications Security Fund''.
(ii) Use of fund.--Amounts
appropriated to the Multilateral
Telecommunications Security Fund shall
be available to the Secretary of State
to make expenditures under this
paragraph in such amounts as the
Secretary of State determines
appropriate.
(iii) Availability.--
(I) In general.--Amounts
appropriated to the
Multilateral Telecommunications
Security Fund--
(aa) shall remain
available through the
end of the tenth fiscal
year beginning after
the date of
appropriation; and
(bb) may only be
allocated upon the
Secretary of State
reaching an arrangement
or agreement with
foreign government
partners to participate
in the common funding
mechanism described in
subparagraph (B).
(II) Remainder to
treasury.--Any amounts
remaining in the Multilateral
Telecommunications Security
Fund after the end of the tenth
fiscal year beginning after the
date of the enactment of this
Act shall be deposited in the
general fund of the Treasury.
(B) Administration of fund.--The Secretary
of State, in consultation with the NTIA
Administrator, the Secretary of Homeland
Security, the Secretary of Defense, the
Secretary of the Treasury, the Director of
National Intelligence, and the Commission, is
authorized to establish a common funding
mechanism, in coordination with foreign
partners, that uses amounts from the
Multilateral Telecommunications Security Fund
to support the development and adoption of
secure and trusted telecommunications
technologies. In creating and sustaining a
common funding mechanism, the Secretary of
State should leverage United States funding in
order to secure commitments and contributions
from trusted foreign partners such as the
United Kingdom, Canada, Australia, New Zealand,
and Japan, and should prioritize the following
objectives:
(i) Advancing research and
development of secure and trusted
communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted
vendors.
(C) Annual report to congress.--Not later
than 1 year after the date of the enactment of
this Act, and annually thereafter for each
fiscal year during which amounts in the
Multilateral Telecommunications Security Fund
are available, the Secretary of State shall
submit to the relevant committees of Congress a
report on the status and progress of the
funding mechanism established under
subparagraph (B), including--
(i) any funding commitments from
foreign partners, including each
specific amount committed;
(ii) governing criteria for use of
the Multilateral Telecommunications
Security Fund;
(iii) an account of--
(I) how, and to whom, funds
have been deployed;
(II) amounts remaining in
the Multilateral
Telecommunications Security
Fund; and
(III) the progress of the
Secretary of State in meeting
the objective described in
subparagraph (B); and
(iv) additional authorities needed
to enhance the effectiveness of the
Multilateral Telecommunications
Security Fund in achieving the security
goals of the United States.
(D) Notifications to be provided by the
fund.--
(i) In general.--Not later than 15
days prior to the Fund making a
financial commitment associated with
the provision of expenditures under
subparagraph (A)(ii) in an amount in
excess of $1,000,000, the Secretary of
State shall submit to the appropriate
congressional committees a report in
writing that contains the information
required by clause (ii).
(ii) Information required.--The
information required by this clause
includes--
(I) the amount of each such
expenditure;
(II) an identification of
the recipient or beneficiary;
and
(III) a description of the
project or activity and the
purpose to be achieved of an
expenditure by the Fund.
(iii) Arrangements or agreements.--
The Secretary of State shall notify the
appropriate congressional committees
not later than 30 days after entering
into a new bilateral or multilateral
arrangement or agreement described in
subparagraph (A)(iii)(I)(bb).
(iv) Appropriate congressional
committees defined.--In this
subparagraph, the term ``appropriate
congressional committees'' means--
(I) the Committee on
Foreign Relations of the
Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on
Foreign Affairs of the House of
Representatives; and
(IV) the Committee on
Appropriations of the House of
Representatives.
(b) Promoting United States Leadership in International
Organizations and Communications Standards-setting Bodies.--
(1) In general.--The Secretary of State, the
Secretary of Commerce, and the Chairman of the
Commission, or their designees, shall consider how to
enhance representation of the United States at
international forums that set standards for 5G networks
and for future generations of wireless communications
networks, including--
(A) the International Telecommunication
Union (commonly known as ``ITU'');
(B) the International Organization for
Standardization (commonly known as ``ISO'');
(C) the Inter-American Telecommunication
Commission (commonly known as ``CITEL''); and
(D) the voluntary standards organizations
that develop protocols for wireless devices and
other equipment, such as the 3GPP and the
Institute of Electrical and Electronics
Engineers (commonly known as ``IEEE'').
(2) Annual report.--The Secretary of State, the
Secretary of Commerce, and the Chairman of the
Commission shall jointly submit to the relevant
committees of Congress an annual report on the progress
made under paragraph (1).
(c) Definitions.-- In this section:
(1) The term ``3GPP'' means the Third Generation
Partnership Project.
(2) The term ``5G network'' means a radio network
as described by 3GPP Release 15 or higher.
(3) The term ``Commission'' means the Federal
Communications Commission.
(4) The term ``NTIA Administrator'' means the
Assistant Secretary of Commerce for Communications and
Information.
(5) The term ``Open-RAN'' means the Open Radio
Access Network approach to standardization adopted by
the O-RAN Alliance, Telecom Infra Project, or 3GPP, or
any similar set of open standards for multi-vendor
network equipment interoperability.
(6) The term ``relevant committees of Congress''
means--
(A) the Select Committee on Intelligence of
the Senate;
(B) the Committee on Foreign Relations of
the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the
Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Committee on Appropriations of the
Senate;
(G) the Permanent Select Committee on
Intelligence of the House of Representatives;
(H) the Committee on Foreign Affairs of the
House of Representatives;
(I) the Committee on Homeland Security of
the House of Representatives;
(J) the Committee on Armed Services of the
House of Representatives;
(K) the Committee on Energy and Commerce of
the House of Representatives; and
(L) the Committee on Appropriations of the
House of Representatives.
(7) The term ``Secretary'' means the Secretary of
Commerce.
SEC. 9203. SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS.
(a) Initial Interagency Spectrum Information Technology
Coordination.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information, in consultation with the Policy
and Plans Steering Group, shall identify a process to establish
goals, including parameters to measure the achievement of such
goals, for the modernization of the infrastructure of covered
agencies relating to managing the use of Federal spectrum by
such agencies, which shall include--
(1) the standardization of data inputs, modeling
algorithms, modeling and simulation processes, analysis
tools with respect to Federal spectrum, assumptions,
and any other tool to ensure interoperability and
functionality with respect to such infrastructure;
(2) other potential innovative technological
capabilities with respect to such infrastructure,
including cloud-based databases, artificial
intelligence technologies, automation, and improved
modeling and simulation capabilities;
(3) ways to improve the management of the use of
Federal spectrum by covered agencies through such
infrastructure, including by--
(A) increasing the efficiency of such
infrastructure;
(B) addressing validation of usage with
respect to such infrastructure;
(C) increasing the accuracy of such
infrastructure;
(D) validating models used by such
infrastructure; and
(E) monitoring and enforcing requirements
that are imposed on covered agencies with
respect to the use of Federal spectrum by
covered agencies;
(4) ways to improve the ability of covered agencies
to meet mission requirements in congested environments
with respect to Federal spectrum, including as part of
automated adjustments to operations based on changing
conditions in such environments;
(5) the creation of a time-based automated
mechanism--
(A) to share Federal spectrum between
covered agencies to collaboratively and
dynamically increase access to Federal spectrum
by such agencies; and
(B) that could be scaled across Federal
spectrum; and
(6) the collaboration between covered agencies
necessary to ensure the interoperability of Federal
spectrum.
(b) Spectrum Information Technology Modernization.--
(1) In general.--Not later than 240 days after the
date of the enactment of this Act, the Assistant
Secretary of Commerce for Communications and
Information shall submit to Congress a report that
contains a plan for the National Telecommunications and
Information Administration (in this section referred to
as the ``NTIA'') to modernize and automate the
infrastructure of the NTIA relating to managing the use
of Federal spectrum by covered agencies so as to more
efficiently manage such use.
(2) Contents.--The report required by paragraph (1)
shall include--
(A) an assessment of the current, as of the
date on which such report is submitted,
infrastructure of the NTIA described in such
paragraph;
(B) an acquisition strategy for the
modernized infrastructure of the NTIA described
in such paragraph, including how such
modernized infrastructure will enable covered
agencies to be more efficient and effective in
the use of Federal spectrum;
(C) a timeline for the implementation of
the modernization efforts described in such
paragraph;
(D) plans detailing how the modernized
infrastructure of the NTIA described in such
paragraph will--
(i) enhance the security and
reliability of such infrastructure so
that the NTIA is in compliance with the
requirements of subchapter II of
chapter 35 of title 44, United States
Code, with respect to such
infrastructure;
(ii) improve data models and
analysis tools to increase the
efficiency of the spectrum use
described in such paragraph;
(iii) enhance automation and
workflows, and reduce the scope and
level of manual effort, in order to--
(I) administer the
management of the spectrum use
described in such paragraph;
and
(II) improve data quality
and processing time; and
(iv) improve the timeliness of
spectrum analyses and requests for
information, including requests
submitted pursuant to section 552 of
title 5, United States Code;
(E) an operations and maintenance plan with
respect to the modernized infrastructure of the
NTIA described in such paragraph;
(F) a strategy for coordination between the
covered agencies within the Policy and Plans
Steering Group, which shall include--
(i) a description of--
(I) such coordination
efforts, as in effect on the
date on which such report is
submitted; and
(II) a plan for
coordination of such efforts
after the date on which such
report is submitted, including
with respect to the efforts
described in subsection (c);
(ii) a plan for standardizing--
(I) electromagnetic
spectrum analysis tools;
(II) modeling and
simulation processes and
technologies; and
(III) databases to provide
technical interference
assessments that are usable
across the Federal Government
as part of a common spectrum
management infrastructure for
covered agencies; and
(iii) a plan for each covered
agency to implement a modernization
plan described in subsection (c)(1)
that is tailored to the particular
timeline of such agency;
(G) identification of manually intensive
processes involved in managing Federal spectrum
and proposed enhancements to such processes;
(H) metrics to evaluate the success of the
modernization efforts described in such
paragraph and any similar future efforts; and
(I) an estimate of the cost of the
modernization efforts described in such
paragraph and any future maintenance with
respect to the modernized infrastructure of the
NTIA described in such paragraph, including the
cost of any personnel and equipment relating to
such maintenance.
(c) Covered Agency Spectrum Information Technology
Modernization.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, the head of each
covered agency shall submit to the Assistant Secretary
of Commerce for Communications and Information and the
Policy and Plans Steering Group a report that describes
a plan for such agency to modernize the infrastructure
of such agency with respect to the use of Federal
spectrum by such agency so that such modernized
infrastructure of such agency is interoperable with the
modernized infrastructure of the NTIA, as described in
subsection (b).
(2) Contents.--Each report submitted by the head of
a covered agency under paragraph (1) shall--
(A) include--
(i) an assessment of the current,
as of the date on which such report is
submitted, management capabilities of
such agency with respect to the use of
frequencies that are assigned to such
agency, which shall include a
description of any challenges faced by
such agency with respect to such
management;
(ii) a timeline for completion of
the modernization efforts described in
such paragraph;
(iii) a description of potential
innovative technological capabilities
for the management of frequencies that
are assigned to such agency, as
determined under subsection (a);
(iv) identification of agency-
specific requirements or constraints
relating to the infrastructure of such
agency;
(v) identification of any existing,
as of the date on which such report is
submitted, systems of such agency that
are duplicative of the modernized
infrastructure of the NTIA, as
described in subsection (b); and
(vi) with respect to the report
submitted by the Secretary of Defense--
(I) a strategy for the
integration of systems or the
flow of data among the Armed
Forces, the military
departments, the Defense
Agencies and Department of
Defense Field Activities, and
other components of the
Department of Defense;
(II) a plan for the
implementation of solutions to
the use of Federal spectrum by
the Department of Defense
involving information at
multiple levels of
classification; and
(III) a strategy for
addressing, within the
modernized infrastructure of
the Department of Defense
described in such paragraph,
the exchange of information
between the Department of
Defense and the NTIA in order
to accomplish required
processing of all Department of
Defense domestic spectrum
coordination and management
activities; and
(B) be submitted in an unclassified format,
with a classified annex, as appropriate.
(3) Notification of congress.--Upon submission of a
report under paragraph (1), the head of a covered
agency shall notify Congress that such report has been
submitted.
(d) GAO Oversight.--The Comptroller General of the United
States shall--
(1) not later than 180 days after the date of the
enactment of this Act, conduct a review of the
infrastructure of covered agencies, as such
infrastructure exists on the date of the enactment of
this Act;
(2) upon submission of all of the reports required
by subsection (c), begin conducting oversight of the
implementation of the modernization plans submitted by
the Assistant Secretary and covered agencies under
subsections (b) and (c), respectively;
(3) not later than 2 years after the date on which
the Comptroller General begins conducting oversight
under paragraph (2), and biennially thereafter until
December 31, 2030, submit a report regarding such
oversight to--
(A) with respect to the implementation of
the modernization plan of the Department of
Defense, the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives; and
(B) with respect to the implementation of
the modernization plans of all covered
agencies, including the Department of Defense,
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Energy and Commerce of the House of
Representatives; and
(4) until December 31, 2030, provide regular
briefings to--
(A) with respect to the application of this
section to the Department of Defense, the
Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives; and
(B) with respect to the application of this
section to all covered agencies, including the
Department of Defense, the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce
of the House of Representatives.
(e) Definitions.--In this section:
(1) The term ``covered agency''--
(A) means any Federal entity that the
Assistant Secretary of Commerce for
Communications and Information determines is
appropriate; and
(B) includes the Department of Defense.
(2) The term ``Federal entity'' has the meaning
given such term in section 113(l) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(l)).
(3) The term ``Federal spectrum'' means frequencies
assigned on a primary basis to a covered agency.
(4) The term ``infrastructure'' means information
technology systems and information technologies, tools,
and databases.
SEC. 9204. INTERNET OF THINGS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
(3) Steering committee.--The term ``steering
committee'' means the steering committee established
under subsection (b)(5)(A).
(4) Working group.--The term ``working group''
means the working group convened under subsection
(b)(1).
(b) Federal Working Group.--
(1) In general.--The Secretary shall convene a
working group of Federal stakeholders for the purpose
of providing recommendations and a report to Congress
relating to the aspects of the Internet of Things
described in paragraph (2).
(2) Duties.--The working group shall--
(A) identify any Federal regulations,
statutes, grant practices, budgetary or
jurisdictional challenges, and other sector-
specific policies that are inhibiting, or could
inhibit, the development or deployment of the
Internet of Things;
(B) consider policies or programs that
encourage and improve coordination among
Federal agencies that have responsibilities
that are relevant to the objectives of this
section;
(C) consider any findings or
recommendations made by the steering committee
and, where appropriate, act to implement those
recommendations;
(D) examine--
(i) how Federal agencies can
benefit from utilizing the Internet of
Things;
(ii) the use of Internet of Things
technology by Federal agencies as of
the date on which the working group
performs the examination;
(iii) the preparedness and ability
of Federal agencies to adopt Internet
of Things technology as of the date on
which the working group performs the
examination and in the future; and
(iv) any additional security
measures that Federal agencies may need
to take to--
(I) safely and securely use
the Internet of Things,
including measures that ensure
the security of critical
infrastructure; and
(II) enhance the resiliency
of Federal systems against
cyber threats to the Internet
of Things; and
(E) in carrying out the examinations
required under subclauses (I) and (II) of
subparagraph (D)(iv), ensure to the maximum
extent possible the coordination of the current
and future activities of the Federal Government
relating to security with respect to the
Internet of Things.
(3) Agency representatives.--In convening the
working group under paragraph (1), the Secretary shall
have discretion to appoint representatives from Federal
agencies and departments as appropriate and shall
specifically consider seeking representation from--
(A) the Department of Commerce, including--
(i) the National Telecommunications
and Information Administration;
(ii) the National Institute of
Standards and Technology; and
(iii) the National Oceanic and
Atmospheric Administration;
(B) the Department of Transportation;
(C) the Department of Homeland Security;
(D) the Office of Management and Budget;
(E) the National Science Foundation;
(F) the Commission;
(G) the Federal Trade Commission;
(H) the Office of Science and Technology
Policy;
(I) the Department of Energy; and
(J) the Federal Energy Regulatory
Commission.
(4) Nongovernmental stakeholders.--The working
group shall consult with nongovernmental stakeholders
with expertise relating to the Internet of Things,
including--
(A) the steering committee;
(B) information and communications
technology manufacturers, suppliers, service
providers, and vendors;
(C) subject matter experts representing
industrial sectors other than the technology
sector that can benefit from the Internet of
Things, including the transportation, energy,
agriculture, and health care sectors;
(D) small, medium, and large businesses;
(E) think tanks and academia;
(F) nonprofit organizations and consumer
groups;
(G) security experts;
(H) rural stakeholders; and
(I) other stakeholders with relevant
expertise, as determined by the Secretary.
(5) Steering committee.--
(A) Establishment.--There is established
within the Department of Commerce a steering
committee to advise the working group.
(B) Duties.--The steering committee shall
advise the working group with respect to--
(i) the identification of any
Federal regulations, statutes, grant
practices, programs, budgetary or
jurisdictional challenges, and other
sector-specific policies that are
inhibiting, or could inhibit, the
development of the Internet of Things;
(ii) situations in which the use of
the Internet of Things is likely to
deliver significant and scalable
economic and societal benefits to the
United States, including benefits from
or to--
(I) smart traffic and
transit technologies;
(II) augmented logistics
and supply chains;
(III) sustainable
infrastructure;
(IV) precision agriculture;
(V) environmental
monitoring;
(VI) public safety; and
(VII) health care;
(iii) whether adequate spectrum is
available to support the growing
Internet of Things and what legal or
regulatory barriers may exist to
providing any spectrum needed in the
future;
(iv) policies, programs, or multi-
stakeholder activities that--
(I) promote or are related
to the privacy of individuals
who use or are affected by the
Internet of Things;
(II) may enhance the
security of the Internet of
Things, including the security
of critical infrastructure;
(III) may protect users of
the Internet of Things; and
(IV) may encourage
coordination among Federal
agencies with jurisdiction over
the Internet of Things;
(v) the opportunities and
challenges associated with the use of
Internet of Things technology by small
businesses; and
(vi) any international proceeding,
international negotiation, or other
international matter affecting the
Internet of Things to which the United
States is or should be a party.
(C) Membership.--The Secretary shall
appoint to the steering committee members
representing a wide range of stakeholders
outside of the Federal Government with
expertise relating to the Internet of Things,
including--
(i) information and communications
technology manufacturers, suppliers,
service providers, and vendors;
(ii) subject matter experts
representing industrial sectors other
than the technology sector that can
benefit from the Internet of Things,
including the transportation, energy,
agriculture, and health care sectors;
(iii) small, medium, and large
businesses;
(iv) think tanks and academia;
(v) nonprofit organizations and
consumer groups;
(vi) security experts;
(vii) rural stakeholders; and
(viii) other stakeholders with
relevant expertise, as determined by
the Secretary.
(D) Report.--Not later than 1 year after
the date of enactment of this Act, the steering
committee shall submit to the working group a
report that includes any findings or
recommendations of the steering committee.
(E) Independent advice.--
(i) In general.--The steering
committee shall set the agenda of the
steering committee in carrying out the
duties of the steering committee under
subparagraph (B).
(ii) Suggestions.--The working
group may suggest topics or items for
the steering committee to study, and
the steering committee shall take those
suggestions into consideration in
carrying out the duties of the steering
committee.
(iii) Report.--The steering
committee shall ensure that the report
submitted under subparagraph (D) is the
result of the independent judgment of
the steering committee.
(F) No compensation for members.--A member
of the steering committee shall serve without
compensation.
(G) Termination.--The steering committee
shall terminate on the date on which the
working group submits the report under
paragraph (6).
(6) Report to congress.--
(A) In general.--Not later than 18 months
after the date of enactment of this Act, the
working group shall submit to Congress a report
that includes--
(i) the findings and
recommendations of the working group
with respect to the duties of the
working group under paragraph (2);
(ii) the report submitted by the
steering committee under paragraph
(5)(D), as the report was received by
the working group;
(iii) recommendations for action or
reasons for inaction, as applicable,
with respect to each recommendation
made by the steering committee in the
report submitted under paragraph
(5)(D); and
(iv) an accounting of any progress
made by Federal agencies to implement
recommendations made by the working
group or the steering committee.
(B) Copy of report.--The working group
shall submit a copy of the report described in
subparagraph (A) to--
(i) the Committee on Commerce,
Science, and Transportation and the
Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Energy and
Commerce of the House of
Representatives; and
(iii) any other committee of
Congress, upon request to the working
group.
(c) Assessing Spectrum Needs.--
(1) In general.--The Commission, in consultation
with the National Telecommunications and Information
Administration, shall issue a notice of inquiry seeking
public comment on the current, as of the date of
enactment of this Act, and future spectrum needs to
enable better connectivity relating to the Internet of
Things.
(2) Requirements.--In issuing the notice of inquiry
under paragraph (1), the Commission shall seek comments
that consider and evaluate--
(A) whether adequate spectrum is available,
or is planned for allocation, for commercial
wireless services that could support the
growing Internet of Things;
(B) if adequate spectrum is not available
for the purposes described in subparagraph (A),
how to ensure that adequate spectrum is
available for increased demand with respect to
the Internet of Things;
(C) what regulatory barriers may exist to
providing any needed spectrum that would
support uses relating to the Internet of
Things; and
(D) what the role of unlicensed and
licensed spectrum is and will be in the growth
of the Internet of Things.
(3) Report.--Not later than 1 year after the date
of enactment of this Act, the Commission shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report summarizing the comments submitted in response
to the notice of inquiry issued under paragraph (1).
TITLE XCIII--INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media
data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
SEC. 9301. REQUIREMENT FOR FACILITATION OF ESTABLISHMENT OF SOCIAL
MEDIA DATA AND THREAT ANALYSIS CENTER.
(a) Requirement to Facilitate Establishment.--Subsection
(c)(1) of section 5323 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (division E of Public Law 116-92; 50
U.S.C. 3369) is amended--
(1) by striking ``The Director'' and inserting
``Not later than June 1, 2021, the Director''; and
(2) by striking ``may'' and inserting ``shall''.
(b) Reporting on Foreign Malign Influence Campaigns on
Social Media Platforms Targeting Elections for Federal
Office.--Such section is amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Foreign Malign Influence Campaigns on Social Media
Platforms Targeting Elections for Federal Office.--
``(1) Reports.--
``(A) Requirement.--Not later than 90 days
before the date of each regularly scheduled
general election for Federal office, the
Director of the Center shall submit to the
appropriate congressional committees a report
on foreign malign influence campaigns on and
across social media platforms targeting such
election.
``(B) Matters included.--Each report under
subparagraph (A) shall include an analysis of
the following:
``(i) The patterns, tools, and
techniques of foreign malign influence
campaigns across all platforms on
social media by a covered foreign
country targeting a regularly scheduled
general election for Federal office.
``(ii) Inauthentic accounts and
`bot' networks across platforms,
including the scale to which such
accounts or networks exist, how
platforms currently act to remove such
accounts or networks, and what
percentage of such accounts or networks
have been removed during the period
covered by the report.
``(iii) The estimated reach and
impact of intentional or weaponized
disinformation by inauthentic accounts
and `bot' networks, including an
analysis of amplification by users and
algorithmic distribution.
``(iv) The trends of types of media
that are being used for dissemination
through foreign malign influence
campaigns, including machine-
manipulated media, and the intended
targeted groups.
``(C) Initial report.--Not later than
August 1, 2021, the Director of the Center
shall submit to the appropriate congressional
committees a report under subparagraph (A)
addressing the regularly scheduled general
election for Federal office occurring during
2020.
``(D) Form.--Each report under this
paragraph shall be submitted in an unclassified
form, but may include a classified annex.
``(2) Briefings.--
``(A) Requirement.--Not later than 30 days
after the date on which the Director submits to
the appropriate congressional committees a
report under paragraph (1), the Director of
National Intelligence, in coordination with the
Secretary of Defense, the Secretary of Homeland
Security, and the Director of the Federal
Bureau of Investigation, shall provide to such
committees a briefing assessing threats from
foreign malign influence campaigns on social
media from covered countries to the regularly
scheduled general election for Federal office
covered by the report.
``(B) Matters to be included.--Each
briefing under subparagraph (A) shall include
the following:
``(i) The patterns, tools, and
techniques of foreign malign influence
campaigns across all platforms on
social media by a covered foreign
country targeting a regularly scheduled
general election for Federal office.
``(ii) An assessment of the
findings from the report for which the
briefing is provided.
``(iii) The activities and methods
used to mitigate the threats associated
with such findings by the Department of
Defense, the Department of Homeland
Security, or other relevant departments
or agencies of the Federal Government.
``(iv) The steps taken by
departments or agencies of the Federal
Government to cooperate with social
media companies to mitigate the threats
identified.''.
(c) Definitions.--Subsection (h) of such section, as
redesignated by subsection (b) of this section, is amended to
read as follows:
``(h) Definitions.--
``(1) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(A) the congressional intelligence
committees;
``(B) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Homeland Security, the Committee on Foreign
Affairs, and the Committee on the Judiciary of
the House of Representatives; and
``(C) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Homeland Security and Government Affairs, the
Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate.
``(2) Covered foreign country and foreign malign
influence.--The terms `covered foreign country' and
`foreign malign influence' have the meanings given
those terms in section 119C of the National Security
Act of 1947 (50 U.S.C. 3059).
``(3) Machine-manipulated media.--The term
`machine-manipulated media' has the meaning given that
term in section 5724.''.
(d) Conforming Amendments.--
(1) Reporting.--Subsection (d) of such section is
amended--
(A) in the matter preceding paragraph (1),
by striking ``If the Director'' and all that
follows through ``the Center, the'' and
inserting ``The''; and
(B) in paragraph (1), by striking ``180
days after the date of the enactment of this
Act'' and inserting ``August 1, 2021''.
(2) Funding.--Subsection (g) of such section, as
redesignated by subsection (b) of this section, is
amended by striking ``fiscal year 2020 and 2021'' and
inserting ``fiscal year 2021 and 2022''.
(3) Clerical.--Such section 5323 is further
amended--
(A) in the section heading, by striking
``encouragement of''; and
(B) in subsection (c)--
(i) in the subsection heading, by
striking ``Authority'' and inserting
``Requirement''; and
(ii) in paragraph (1), in the
paragraph heading, by striking
``Authority'' and inserting
``Requirement''.
SEC. 9302. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS THAT
INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL
SECURITY, FINANCIAL SECURITY, OR BOTH.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of the
Treasury and the heads of other relevant departments and
agencies of the Federal Government, shall seek to enter into a
contract with a federally funded research and development
center under which the center will conduct a study on
identifying and addressing threats that individually or
collectively affect national security, financial security, or
both.
(b) Elements of Study.--In carrying out the study under
subsection (a), the federally funded research and development
center selected under such subsection shall--
(1) identify threats that individually or
collectively affect national security, financial
security, or both, including--
(A) foreign influence in companies seeking
to access capital markets by conducting initial
public offerings in other countries;
(B) the use of financial instruments,
markets, payment systems, or digital assets in
ways that appear legitimate but may be part of
a foreign malign strategy to weaken or
undermine the economic security of the United
States; and
(C) any other known or potential threats
that individually or collectively affect
national security, financial security, or both
currently or in the foreseeable future;
(2) assess the extent to which the United States
Government is currently able to identify and
characterize the threats identified under paragraph
(1);
(3) assess the extent to which the United States
Government is currently able to address the risk posed
by the threats identified under paragraph (1);
(4) assess whether current levels of information
sharing and cooperation between the United States
Government and allies and partners of the United States
have been helpful or can be improved upon in order for
the United States Government to identify, characterize,
and mitigate the threats identified under paragraph
(1); and
(5) recommend opportunities, and any such
authorities or resources required, to improve the
efficiency and effectiveness of the United States
Government in identifying and countering the threats
identified under paragraph (1).
(c) Submission to Director of National Intelligence.--Not
later than 180 days after the date of the enactment of this
Act, the federally funded research and development center
selected to conduct the study under subsection (a) shall submit
to the Director of National Intelligence a report on the
results of the study in both classified and unclassified form.
(d) Submission to Congress.--
(1) In general.--Not later than 30 days after the
date on which the Director of National Intelligence
receives the report under subsection (c), the Director
shall submit to the appropriate congressional
committees--
(A) a copy of the report, without change,
in both classified and unclassified form; and
(B) such comments as the Director, in
coordination with the Secretary of the Treasury
and the heads of other relevant departments and
agencies of the Federal Government, may have
with respect to the report.
(2) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Armed Services, the
Select Committee on Intelligence, the Committee
on Banking, Housing, and Urban Affairs, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Permanent Select Committee on Intelligence, the
Committee on Financial Services, the Committee
on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS
Subtitle A--Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service
program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B--Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.
Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of
international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension
Partnership Centers.
Subtitle A--Cybersecurity Matters
SEC. 9401. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.
(a) Program Improvements Generally.--Subsection (a) of
section 401 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7451) is amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (6) as paragraph
(10); and
(3) by inserting after paragraph (5) the following:
``(6) supporting efforts to identify cybersecurity
workforce skill gaps in public and private sectors;
``(7) facilitating Federal programs to advance
cybersecurity education, training, and workforce
development;
``(8) in coordination with the Department of
Defense, the Department of Homeland Security, and other
appropriate agencies, considering any specific needs of
the cybersecurity workforce of critical infrastructure,
including cyber physical systems and control systems;
``(9) advising the Director of the Office of
Management and Budget, as needed, in developing metrics
to measure the effectiveness and effect of programs and
initiatives to advance the cybersecurity workforce;
and''.
(b) Strategic Plan.--Subsection (c) of such section is
amended--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Requirement.--The strategic plan developed
and implemented under paragraph (1) shall include an
indication of how the Director will carry out this
section.''.
(c) Cybersecurity Career Pathways.--
(1) Identification of multiple cybersecurity career
pathways.--In carrying out subsection (a) of such
section and not later than 540 days after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall, in
coordination with the Secretary of Defense, the
Secretary of Homeland Security, the Director of the
Office of Personnel Management, and the heads of other
appropriate agencies, use a consultative process with
other Federal agencies, academia, and industry to
identify multiple career pathways for cybersecurity
work roles that can be used in the private and public
sectors.
(2) Requirements.--The Director shall ensure that
the multiple cybersecurity career pathways identified
under paragraph (1) indicate the knowledge, skills, and
abilities, including relevant education, training,
internships, apprenticeships, certifications, and other
experiences, that--
(A) align with employers' cybersecurity
skill needs, including proficiency level
requirements, for its workforce; and
(B) prepare an individual to be successful
in entering or advancing in a cybersecurity
career.
(3) Exchange program.--Consistent with requirements
under chapter 37 of title 5, United States Code, the
Director of the National Institute of Standards and
Technology, in coordination with the Director of the
Office of Personnel Management, may establish a
voluntary program for the exchange of employees engaged
in one of the cybersecurity work roles identified in
the National Initiative for Cybersecurity Education
(NICE) Cybersecurity Workforce Framework (NIST Special
Publication 800-181), or successor framework, between
the National Institute of Standards and Technology and
private sector institutions, including nonpublic or
commercial businesses, research institutions, or
institutions of higher education, as the Director of
the National Institute of Standards and Technology
considers feasible.
(d) Proficiency to Perform Cybersecurity Tasks.--Not later
than 540 days after the date of the enactment of this Act, the
Director of the National Institute of Standards and Technology
shall, in coordination with the Secretary of Defense, the
Secretary of Homeland Security, and the heads of other
appropriate agencies--
(1) in carrying out subsection (a) of such section,
assess the scope and sufficiency of efforts to measure
an individual's capability to perform specific tasks
found in the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework
(NIST Special Publication 800-181) at all proficiency
levels; and
(2) submit to Congress a report--
(A) on the findings of the Director with
respect to the assessment carried out under
paragraph (1); and
(B) with recommendations for effective
methods for measuring the cybersecurity
proficiency of learners.
(e) Cybersecurity Metrics.--Such section is further amended
by adding at the end the following:
``(e) Cybersecurity Metrics.--In carrying out subsection
(a), the Director of the Office of Management and Budget may
seek input from the Director of the National Institute of
Standards and Technology, in coordination with the Department
of Homeland Security, the Department of Defense, the Office of
Personnel Management, and such agencies as the Director of the
National Institute of Standards and Technology considers
relevant, to develop quantifiable metrics for evaluating
Federally funded cybersecurity workforce programs and
initiatives based on the outcomes of such programs and
initiatives.''.
(f) Regional Alliances and Multistakeholder Partnerships.--
Such section is further amended by adding at the end the
following:
``(f) Regional Alliances and Multistakeholder
Partnerships.--
``(1) In general.--Pursuant to section 2(b)(4) of
the National Institute of Standards and Technology Act
(15 U.S.C. 272(b)(4)), the Director shall establish
cooperative agreements between the National Initiative
for Cybersecurity Education (NICE) of the Institute and
regional alliances or partnerships for cybersecurity
education and workforce.
``(2) Agreements.--The cooperative agreements
established under paragraph (1) shall advance the goals
of the National Initiative for Cybersecurity Education
Cybersecurity Workforce Framework (NIST Special
Publication 800-181), or successor framework, by
facilitating local and regional partnerships to--
``(A) identify the workforce needs of the
local economy and classify such workforce in
accordance with such framework;
``(B) identify the education, training,
apprenticeship, and other opportunities
available in the local economy; and
``(C) support opportunities to meet the
needs of the local economy.
``(3) Financial assistance.--
``(A) Financial assistance authorized.--The
Director may award financial assistance to a
regional alliance or partnership with whom the
Director enters into a cooperative agreement
under paragraph (1) in order to assist the
regional alliance or partnership in carrying
out the terms of the cooperative agreement.
``(B) Amount of assistance.--The aggregate
amount of financial assistance awarded under
subparagraph (A) per cooperative agreement
shall not exceed $200,000.
``(C) Matching requirement.--The Director
may not award financial assistance to a
regional alliance or partnership under
subparagraph (A) unless the regional alliance
or partnership agrees that, with respect to the
costs to be incurred by the regional alliance
or partnership in carrying out the cooperative
agreement for which the assistance was awarded,
the regional alliance or partnership will make
available (directly or through donations from
public or private entities) non-Federal
contributions, including in-kind contributions,
in an amount equal to 50 percent of Federal
funds provided under the award.
``(4) Application.--
``(A) In general.--A regional alliance or
partnership seeking to enter into a cooperative
agreement under paragraph (1) and receive
financial assistance under paragraph (3) shall
submit to the Director an application therefore
at such time, in such manner, and containing
such information as the Director may require.
``(B) Requirements.--Each application
submitted under subparagraph (A) shall include
the following:
``(i)(I) A plan to establish (or
identification of, if it already
exists) a multistakeholder workforce
partnership that includes--
``(aa) at least one
institution of higher
education or nonprofit
training organization;
and
``(bb) at least one
local employer or owner
or operator of critical
infrastructure.
``(II) Participation from
academic institutions in the
Federal Cyber Scholarships for
Service Program, the National
Centers of Academic Excellence
in Cybersecurity Program, or
advanced technological
education programs, as well as
elementary and secondary
schools, training and
certification providers, State
and local governments, economic
development organizations, or
other community organizations
is encouraged.
``(ii) A description of how the
workforce partnership would identify
the workforce needs of the local
economy.
``(iii) A description of how the
multistakeholder workforce partnership
would leverage the programs and
objectives of the National Initiative
for Cybersecurity Education, such as
the Cybersecurity Workforce Framework
and the strategic plan of such
initiative.
``(iv) A description of how
employers in the community will be
recruited to support internships,
externships, apprenticeships, or
cooperative education programs in
conjunction with providers of education
and training. Inclusion of programs
that seek to include veterans, Indian
Tribes, and underrepresented groups,
including women, minorities, persons
from rural and underserved areas, and
persons with disabilities is
encouraged.
``(v) A definition of the metrics
to be used in determining the success
of the efforts of the regional alliance
or partnership under the agreement.
``(C) Priority consideration.--In awarding
financial assistance under paragraph (3)(A),
the Director shall give priority consideration
to a regional alliance or partnership that
includes an institution of higher education
that is designated as a National Center of
Academic Excellence in Cybersecurity or which
received an award under the Federal Cyber
Scholarship for Service program located in the
State or region of the regional alliance or
partnership.
``(5) Audits.--Each cooperative agreement for which
financial assistance is awarded under paragraph (3)
shall be subject to audit requirements under part 200
of title 2, Code of Federal Regulations (relating to
uniform administrative requirements, cost principles,
and audit requirements for Federal awards), or
successor regulation.
``(6) Reports.--
``(A) In general.--Upon completion of a
cooperative agreement under paragraph (1), the
regional alliance or partnership that
participated in the agreement shall submit to
the Director a report on the activities of the
regional alliance or partnership under the
agreement, which may include training and
education outcomes.
``(B) Contents.--Each report submitted
under subparagraph (A) by a regional alliance
or partnership shall include the following:
``(i) An assessment of efforts made
by the regional alliance or partnership
to carry out paragraph (2).
``(ii) The metrics used by the
regional alliance or partnership to
measure the success of the efforts of
the regional alliance or partnership
under the cooperative agreement.''.
(g) Transfer of Section.--
(1) Transfer.--Such section is transferred to the
end of title III of such Act and redesignated as
section 303.
(2) Repeal.--Title IV of such Act is repealed.
(3) Clerical.--The table of contents in section
1(b) of such Act is amended--
(A) by striking the items relating to title
IV and section 401; and
(B) by inserting after the item relating to
section 302 the following:
``Sec. 303. National cybersecurity awareness and education program.''.
(4) Conforming amendments.--
(A) Section 302(3) of the Federal
Cybersecurity Workforce Assessment Act of 2015
(Public Law 114-113; 5 U.S.C. 301 note) is
amended by striking ``under section 401 of the
Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7451)'' and inserting ``under section
303 of the Cybersecurity Enhancement Act of
2014 (Public Law 113-274)''.
(B) Section 2(c)(3) of the NIST Small
Business Cybersecurity Act (Public Law 115-236;
15 U.S.C. 272 note) is amended by striking
``under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451)'' and
inserting ``under section 303 of the
Cybersecurity Enhancement Act of 2014 (Public
Law 113-274)''.
(C) Section 302(f) of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442(f)) is
amended by striking ``under section 401'' and
inserting ``under section 303''.
SEC. 9402. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR IMPROVING
CYBERSECURITY WORKFORCE OF FEDERAL AGENCIES.
(a) In General.--Section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(5) identify and develop standards and guidelines
for improving the cybersecurity workforce for an agency
as part of the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework
(NIST Special Publication 800-181), or successor
framework.''.
(b) Publication of Standards and Guidelines on
Cybersecurity Awareness.--Not later than three years after the
date of the enactment of this Act and pursuant to section 20 of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-3), the Director of the National Institute of
Standards and Technology shall publish standards and guidelines
for improving cybersecurity awareness of employees and
contractors of Federal agencies.
SEC. 9403. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE
PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014
(15 U.S.C. 7442) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking
``information technology'' and inserting
``information technology and cybersecurity'';
(B) by amending paragraph (3) to read as
follows:
``(3) prioritize the placement of scholarship
recipients fulfilling the post-award employment
obligation under this section to ensure that--
``(A) not less than 70 percent of such
recipients are placed in an executive agency
(as defined in section 105 of title 5, United
States Code);
``(B) not more than 10 percent of such
recipients are placed as educators in the field
of cybersecurity at qualified institutions of
higher education that provide scholarships
under this section; and
``(C) not more than 20 percent of such
recipients are placed in positions described in
paragraphs (2) through (5) of subsection (d);
and''; and
(C) in paragraph (4), in the matter
preceding subparagraph (A), by inserting ``,
including by seeking to provide awards in
coordination with other relevant agencies for
summer cybersecurity camp or other experiences,
including teacher training, in each of the 50
States,'' after ``cybersecurity education'';
(2) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at
the end;
(B) in paragraph (5), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(6) as provided by subsection (b)(3)(B), a
qualified institution of higher education.''; and
(3) in subsection (m)--
(A) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``cyber'' and inserting ``cybersecurity''; and
(B) in paragraph (2), by striking ``cyber''
and inserting ``cybersecurity''.
SEC. 9404. ADDITIONAL MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-
SERVICE PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014
(15 U.S.C. 7442) is further amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``and''
after the semicolon; and
(B) by striking paragraph (5) and inserting
the following:
``(5) enter into an agreement accepting and
acknowledging the post award employment obligations,
pursuant to section (d);
``(6) accept and acknowledge the conditions of
support under section (g); and
``(7) accept all terms and conditions of a
scholarship under this section.'';
(2) in subsection (g)--
(A) in paragraph (1), by inserting ``the
Office of Personnel Management (in coordination
with the National Science Foundation) and''
before ``the qualified institution'';
(B) in paragraph (2)--
(i) in subparagraph (D), by
striking ``or'' after the semicolon;
and
(ii) by striking subparagraph (E)
and inserting the following:
``(E) fails to maintain or fulfill any of
the post-graduation or post-award obligations
or requirements of the individual; or
``(F) fails to fulfill the requirements of
paragraph (1).'';
(3) in subsection (h)(2), by inserting ``and the
Director of the Office of Personnel Management'' after
``Foundation'';
(4) in subsection (k)(1)(A), by striking ``and the
Director'' and all that follows through ``owed'' and
inserting ``, the Director of the National Science
Foundation, and the Director of the Office of Personnel
Management of the amounts owed''; and
(5) in subsection (m)(2), by striking ``once every
3 years'' and all that follows through ``workforce''
and inserting ``once every two years, to the Committee
on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Science, Space, and
Technology and the Committee on Oversight and Reform of
the House of Representatives a report, including--
``(A) the results of the evaluation under
paragraph (1);
``(B) the disparity in any reporting
between scholarship recipients and their
respective institutions of higher education;
and
``(C) any recent statistics regarding the
size, composition, and educational requirements
of the Federal cyber workforce.''.
SEC. 9405. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE
FOUNDATION.
(a) Computer Science and Cybersecurity Education
Research.--Section 310 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and
cybersecurity'' after ``computer science''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by
striking `` and'' after the semicolon;
(ii) in subparagraph (D), by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following:
``(E) tools and models for the integration
of cybersecurity and other interdisciplinary
efforts into computer science education and
computational thinking at secondary and
postsecondary levels of education.''; and
(2) in subsection (c), by inserting ``,
cybersecurity,'' after ``computing''.
(b) Scientific and Technical Education.--Section 3(j)(9) of
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(j)(9)) is amended by inserting ``and cybersecurity''
after ``computer science''.
(c) Low-income Scholarship Program.--Section 414(d) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c) is amended--
(1) in paragraph (1), by striking ``or computer
science'' and inserting ``computer science, or
cybersecurity''; and
(2) in paragraph (2)(A)(iii), by inserting
``cybersecurity,'' after ``computer science,''.
(d) Presidential Awards for Teaching Excellence.--The
Director of the National Science Foundation shall ensure that
educators and mentors in fields relating to cybersecurity can
be considered for--
(1) Presidential Awards for Excellence in
Mathematics and Science Teaching made under section 117
of the National Science Foundation Authorization Act of
1988 (42 U.S.C. 1881b); and
(2) Presidential Awards for Excellence in STEM
Mentoring administered under section 307 of the
American Innovation and Competitiveness Act (42 U.S.C.
1862s-6).
SEC. 9406. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.
In carrying out any STEM education program of the National
Aeronautics and Space Administration (referred to in this
section as ``NASA''), including a program of the Office of STEM
Engagement, the Administrator of NASA shall, to the maximum
extent practicable, encourage the inclusion of cybersecurity
education opportunities in such program.
SEC. 9407. NATIONAL CYBERSECURITY CHALLENGES.
(a) In General.--Title II of the Cybersecurity Enhancement
Act of 2014 (15 U.S.C. 7431 et seq.) is amended by adding at
the end the following:
``SEC. 205. NATIONAL CYBERSECURITY CHALLENGES.
``(a) Establishment of National Cybersecurity Challenges.--
``(1) In general.--To achieve high-priority
breakthroughs in cybersecurity by 2028, the Secretary
of Commerce shall establish the following national
cybersecurity challenges:
``(A) Economics of a cyber attack.--
Building more resilient systems that measurably
and exponentially raise adversary costs of
carrying out common cyber attacks.
``(B) Cyber training.--
``(i) Empowering the people of the
United States with an appropriate and
measurably sufficient level of digital
literacy to make safe and secure
decisions online.
``(ii) Developing a cybersecurity
workforce with measurable skills to
protect and maintain information
systems.
``(C) Emerging technology.--Advancing
cybersecurity efforts in response to emerging
technology, such as artificial intelligence,
quantum science, next generation
communications, autonomy, data science, and
computational technologies.
``(D) Reimagining digital identity.--
Maintaining a high sense of usability while
improving the privacy, security, and safety of
online activity of individuals in the United
States.
``(E) Federal agency resilience.--Reducing
cybersecurity risks to Federal networks and
systems, and improving the response of Federal
agencies to cybersecurity incidents on such
networks and systems.
``(2) Coordination.--In establishing the challenges
under paragraph (1), the Secretary shall coordinate
with the Secretary of Homeland Security on the
challenges under subparagraphs (B) and (E) of such
paragraph.
``(b) Pursuit of National Cybersecurity Challenges.--
``(1) In general.--Not later than 180 days after
the date of the enactment of this section, the
Secretary, acting through the Under Secretary of
Commerce for Standards and Technology, shall commence
efforts to pursue the national cybersecurity challenges
established under subsection (a).
``(2) Competitions.--The efforts required by
paragraph (1) shall include carrying out programs to
award prizes, including cash and noncash prizes,
competitively pursuant to the authorities and processes
established under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) or
any other applicable provision of law.
``(3) Additional authorities.--In carrying out
paragraph (1), the Secretary may enter into and perform
such other transactions as the Secretary considers
necessary and on such terms as the Secretary considers
appropriate.
``(4) Coordination.--In pursuing national
cybersecurity challenges under paragraph (1), the
Secretary shall coordinate with the following:
``(A) The Director of the National Science
Foundation.
``(B) The Secretary of Homeland Security.
``(C) The Director of the Defense Advanced
Research Projects Agency.
``(D) The Director of the Office of Science
and Technology Policy.
``(E) The Director of the Office of
Management and Budget.
``(F) The Administrator of the General
Services Administration.
``(G) The Federal Trade Commission.
``(H) The heads of such other Federal
agencies as the Secretary of Commerce considers
appropriate for purposes of this section.
``(5) Solicitation of acceptance of funds.--
``(A) In general.--Pursuant to section 24
of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719), the Secretary
shall request and accept funds from other
Federal agencies, State, United States
territory, local, or Tribal government
agencies, private sector for-profit entities,
and nonprofit entities to support efforts to
pursue a national cybersecurity challenge under
this section.
``(B) Rule of construction.--Nothing in
subparagraph (A) may be construed to require
any person or entity to provide funds or
otherwise participate in an effort or
competition under this section.
``(c) Recommendations.--
``(1) In general.--In carrying out this section,
the Secretary of Commerce shall designate an advisory
council to seek recommendations.
``(2) Elements.--The recommendations required by
paragraph (1) shall include the following:
``(A) A scope for efforts carried out under
subsection (b).
``(B) Metrics to assess submissions for
prizes under competitions carried out under
subsection (b) as the submissions pertain to
the national cybersecurity challenges
established under subsection (a).
``(3) No additional compensation.--The Secretary
may not provide any additional compensation, except for
travel expenses, to a member of the advisory council
designated under paragraph (1) for participation in the
advisory council.''.
(b) Conforming Amendments.--Section 201(a)(1) of such Act
(15 U.S.C. 7431(a)(1)) is amended--
(1) in subparagraph (J), by striking ``and'' after
the semicolon;
(2) by redesignating subparagraph (K) as
subparagraph (L); and
(3) by inserting after subparagraph (J) the
following:
``(K) implementation of section 205 through
research and development on the topics
identified under subsection (a) of such
section; and''.
(c) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 204 the following:
``Sec. 205. National cybersecurity challenges.''.
Subtitle B--Other Matters
SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting
the following new paragraph (3):
``(3) Established program to stimulate competitive
research.--
``(A) Definitions.--In this paragraph:
``(i) Eligible jurisdiction.--The
term `eligible jurisdiction' means a
State that is determined to be eligible
for a grant under this paragraph in
accordance with subparagraph (D).
``(ii) EPSCoR.--The term `EPSCoR'
means the Established Program to
Stimulate Competitive Research operated
under subparagraph (B).
``(iii) National laboratory.--The
term `National Laboratory' has the
meaning given the term in section 2 of
the Energy Policy Act of 2005 (42
U.S.C. 15801).
``(iv) State.--The term `State'
means--
``(I) a State;
``(II) the District of
Columbia;
``(III) the Commonwealth of
Puerto Rico;
``(IV) Guam; and
``(V) the United States
Virgin Islands.
``(B) Program operation.--The Secretary
shall operate an Established Program to
Stimulate Competitive Research.
``(C) Objectives.--The objectives of EPSCoR
shall be--
``(i) to increase the number of
researchers in eligible jurisdictions,
especially at institutions of higher
education, capable of performing
nationally competitive science and
engineering research in support of the
mission of the Department of Energy in
the areas of applied energy research,
environmental management, and basic
science;
``(ii) to improve science and
engineering research and education
programs at institutions of higher
education in eligible jurisdictions and
enhance the capabilities of eligible
jurisdictions to develop, plan, and
execute research that is competitive,
including through investing in research
equipment and instrumentation; and
``(iii) to increase the probability
of long-term growth of competitive
funding to eligible jurisdictions.
``(D) Eligible jurisdictions.--
``(i) In general.--The Secretary
may establish criteria for determining
whether a State is eligible for a grant
under this paragraph.
``(ii) Requirement.--Except as
provided in clause (iii), in
establishing criteria under clause (i),
the Secretary shall ensure that a State
is eligible for a grant under this
paragraph if the State, as determined
by the Secretary, is a State that--
``(I) historically has
received relatively little
Federal research and
development funding; and
``(II) has demonstrated a
commitment--
``(aa) to develop
the research bases in
the State; and
``(bb) to improve
science and engineering
research and education
programs at
institutions of higher
education in the State.
``(iii) Eligibility under nsf
epscor.--At the election of the
Secretary, or if the Secretary declines
to establish criteria under clause (i),
the Secretary may continue to use the
eligibility criteria in use on the date
of enactment of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021
or any successor criteria.
``(E) Grants in areas of applied energy
research, environmental management, and basic
science.--
``(i) In general.--EPSCoR shall
make grants to eligible jurisdictions
to carry out and support applied energy
research and research in all areas of
environmental management and basic
science sponsored by the Department of
Energy, including--
``(I) energy efficiency,
fossil energy, renewable
energy, and other applied
energy research;
``(II) electricity delivery
research;
``(III) cybersecurity,
energy security, and emergency
response;
``(IV) environmental
management; and
``(V) basic science
research.
``(ii) Activities.--EPSCoR shall
make grants under this subparagraph for
activities consistent with the
objectives described in subparagraph
(C) in the areas of applied energy
research, environmental management, and
basic science described in clause (i),
including--
``(I) to support research
that is carried out in
partnership with the National
Laboratories;
``(II) to provide for
graduate traineeships;
``(III) to support research
by early career faculty; and
``(IV) to improve research
capabilities through biennial
research implementation grants.
``(iii) No cost sharing.--EPSCoR
shall not impose any cost-sharing
requirement with respect to a grant
made under this subparagraph, but may
require letters of commitment from
National Laboratories.
``(F) Other activities.--EPSCoR may carry
out such activities as may be necessary to meet
the objectives described in subparagraph (C) in
the areas of applied energy research,
environmental management, and basic science
described in subparagraph (E)(i).
``(G) Program implementation.--
``(i) In general.--Not later than
270 days after the date of enactment of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021, the Secretary shall
submit to the Committees on Energy and
Natural Resources and Appropriations of
the Senate and the Committees on Energy
and Commerce and Appropriations of the
House of Representatives a plan
describing how the Secretary shall
implement EPSCoR.
``(ii) Contents of plan.--The plan
described in clause (i) shall include a
description of--
``(I) the management
structure of EPSCoR, which
shall ensure that all research
areas and activities described
in this paragraph are
incorporated into EPSCoR;
``(II) efforts to conduct
outreach to inform eligible
jurisdictions and faculty of
changes to, and opportunities
under, EPSCoR;
``(III) how EPSCoR plans to
increase engagement with
eligible jurisdictions,
faculty, and State committees,
including by holding regular
workshops, to increase
participation in EPSCoR; and
``(IV) any other issues
relating to EPSCoR that the
Secretary determines
appropriate.
``(H) Program evaluation.--
``(i) In general.--Not later than 5
years after the date of enactment of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021, the Secretary shall
contract with a federally funded
research and development center, the
National Academy of Sciences, or a
similar organization to carry out an
assessment of the effectiveness of
EPSCoR, including an assessment of--
``(I) the tangible progress
made towards achieving the
objectives described in
subparagraph (C);
``(II) the impact of
research supported by EPSCoR on
the mission of the Department
of Energy; and
``(III) any other issues
relating to EPSCoR that the
Secretary determines
appropriate.
``(ii) Limitation.--The
organization with which the Secretary
contracts under clause (i) shall not be
a National Laboratory.
``(iii) Report.--Not later than 6
years after the date of enactment of
the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021, the Secretary shall
submit to the Committee on Energy and
Natural Resources and the Committee on
Appropriations of the Senate and the
Committee on Science, Space and
Technology and the Committee on
Appropriations of the House of
Representatives a report describing the
results of the assessment carried out
under clause (i), including
recommendations for improvements that
would enable the Secretary to achieve
the objectives described in
subparagraph (C).''.
SEC. 9412. INDUSTRIES OF THE FUTURE.
(a) Short Title.--This section may be cited as the
``Industries of the Future Act of 2020''.
(b) Report on Federal Research and Development Focused on
Industries of the Future.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
Office of Science and Technology Policy shall submit to
Congress a report on research and development
investments, infrastructure, and workforce development
investments of the Federal Government that enable
continued United States leadership in industries of the
future.
(2) Contents.--The report submitted under paragraph
(1) shall include the following:
(A) A definition, for purposes of this
section, of the term ``industries of the
future'' that includes emerging technologies.
(B) An assessment of the current baseline
of investments in civilian research and
development investments of the Federal
Government in the industries of the future.
(C) A plan to double such baseline
investments in artificial intelligence and
quantum information science by fiscal year
2022.
(D) A detailed plan to increase investments
described in subparagraph (B) in industries of
the future to $10,000,000,000 per year by
fiscal year 2025.
(E) A plan to leverage investments
described in subparagraphs (B), (C), and (D) in
industries of the future to elicit
complimentary investments by non-Federal
entities, including providing incentives for
significant complementary investments by such
entities and facilitating public-private
partnerships.
(F) Proposals for the Federal Government,
including any necessary draft legislation, to
implement such plans.
(c) Industries of the Future Coordination Council.--
(1) Establishment.--
(A) In general.--The President shall
establish or designate a council to advise the
Director of the Office of Science and
Technology Policy on matters relevant to the
Director and the industries of the future.
(B) Designation.--The council established
or designated under subparagraph (A) shall be
known as the ``Industries of the Future
Coordination Council'' (in this section the
``Council'').
(2) Membership.--
(A) Composition.--The Council shall be
composed of employees of the Federal Government
who shall be appointed as follows:
(i) One member appointed by the
Director.
(ii) A chairperson of the Select
Committee on Artificial Intelligence of
the National Science and Technology
Council.
(iii) A chairperson of the
Subcommittee on Advanced Manufacturing
of the National Science and Technology
Council.
(iv) A chairperson of the
Subcommittee on Quantum Information
Science of the National Science and
Technology Council.
(v) Such other members as the
President considers appropriate.
(B) Chairperson.--The member appointed to
the Council under paragraph (A)(i) shall serve
as the chairperson of the Council.
(3) Duties.--The duties of the Council are as
follows:
(A) To provide the Director with advice on
ways in which in the Federal Government can
ensure the United States continues to lead the
world in developing emerging technologies that
improve the quality of life of the people of
the United States, increase economic
competitiveness of the United States, and
strengthen the national security of the United
States, including identification of the
following:
(i) Federal investments required in
fundamental research and development,
infrastructure, technology transfer,
and workforce development of the United
States workers who will support the
industries of the future.
(ii) Actions necessary to create
and further develop the workforce that
will support the industries of the
future.
(iii) Actions required to leverage
the strength of the research and
development ecosystem of the United
States, which includes academia,
industry, and nonprofit organizations,
to support industries of the future.
(iv) Ways that the Federal
Government can consider leveraging
existing partnerships and creating new
partnerships and other multisector
collaborations to advance the
industries of the future.
(v) Actions required to accelerate
the translation of federally funded
research and development to practice
and meaningful benefits for society
while mitigating any risks.
(B) To provide the Director with advice on
matters relevant to the report required under
subsection (b).
(4) Coordination.--The Council shall coordinate
with and utilize relevant existing National Science and
Technology Council committees to the maximum extent
feasible in order to minimize duplication of effort.
(5) Applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Council established under this subsection.
(6) Sunset.--The Council shall terminate on the
date that is 6 years after the date of the enactment of
this Act.
SEC. 9413. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY MANUFACTURING
EXTENSION PARTNERSHIP PROGRAM SUPPLY CHAIN
DATABASE.
(a) In General.--The Director of the National Institute of
Standards and Technology shall carry out a study to evaluate
the feasibility, advisability, and costs of establishing a
national supply chain database within the Manufacturing
Extension Partnership program of the National Institute of
Standards and Technology to--
(1) understand the manufacturing capabilities of
United States manufacturers; and
(2) minimize disruptions to the supply chain, which
may include defense supplies, food, and medical
devices, including personal protective equipment.
(b) Considerations.--In carrying out the study under
subsection (a), the Director of the National Institute of
Standards and Technology shall consider the following:
(1) Whether a national supply chain database may
enable the National Institute of Standards and
Technology and the small and medium manufacturers of
the Manufacturing Extension Partnership program to--
(A) understand the available domestic
manufacturing capabilities; and
(B) meet the needs for urgent products in
the event of a supply chain disruption.
(2) How information from State-level databases
maintained within the Manufacturing Extension
Partnership program would be incorporated into the
national supply chain database.
(3) The relationship, if any, between a national
supply chain database within the Manufacturing
Extension Partnership program and supply chain efforts
conducted by other agencies in the Federal Government
and non-Federal entities.
(4) Whether the National Institute of Standards and
Technology could use existing technologies and
solutions to establish a national supply chain
database.
(5) How a national supply chain database could be
regularly maintained and updated to ensure
effectiveness.
(6) The nature of the information that could be
voluntarily collected from manufacturers for a national
supply chain database.
(7) What mechanisms should be in place to ensure
that the information under paragraph (6) is verified.
(8) What security measures may be necessary to
protect information, including protocols to ensure that
information in the national supply chain database is
accessed according to the nature of the information in
such database with individuals with the appropriate
level of authorization.
(9) Whether there should be restrictions to protect
proprietary business and personal information under
paragraph (6).
(10) The cost of developing and maintaining such a
database, including staffing.
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Institute of Standards and Technology shall submit to Congress
a report that includes the findings and any recommendations
from the study required under subsection (a). Such report shall
include a description of any new legislation that may be
required to implement a new national supply chain database
through the Manufacturing Extension Partnership program.
SEC. 9414. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT
OF INTERNATIONAL STANDARDS FOR EMERGING
TECHNOLOGIES.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Institute
of Standards and Technology shall enter into an agreement with
an appropriate entity with relevant expertise, as determined by
the Director, to conduct a study and make recommendations with
respect to the effect of the policies of the People's Republic
of China and coordination among industrial entities within the
People's Republic of China on international bodies engaged in
developing and setting international standards for emerging
technologies. The study may include--
(1) an assessment of how the role of the People's
Republic of China in international standards setting
organizations has grown over the previous 10 years,
including in leadership roles in standards-drafting
technical committees, and the quality or value of that
participation;
(2) an assessment of the effect of the
standardization strategy of the People's Republic of
China, as identified in the ``Chinese Standard 2035'',
on international bodies engaged in developing and
setting standards for select emerging technologies,
such as advanced communication technologies or cloud
computing and cloud services;
(3) an examination of whether international
standards for select emerging technologies are being
designed to promote interests of the People's Republic
of China that are expressed in the ``Made in China
2025'' plan to the exclusion of other participants;
(4) an examination of how the previous practices
that the People's Republic of China has used while
participating in international standards setting
organizations may foretell how the People's Republic of
China is likely to engage in international
standardization activities of critical technologies
like artificial intelligence and quantum information
science, and what may be the consequences;
(5) recommendations on how the United States can
take steps to mitigate the influence of the People's
Republic of China and bolster United States public and
private sector participation in international
standards-setting bodies; and
(6) any other area the Director, in consultation
with the entity selected to conduct the study,
determines is important to address.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall provide that, not later than two years
after the date of the enactment of this Act, the entity
conducting the study shall--
(1) submit to the Committee on Science, Space, and
Technology and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on
Foreign Relations of the Senate a report containing the
findings and recommendations of the study; and
(2) make a copy of such report available on a
publicly accessible website.
SEC. 9415. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP CENTERS.
Notwithstanding section 34(d)(2)(A)(iv) of the National
Institute for Standards and Technology Act (15 U.S.C.
278s(d)(2)(A)(iv)), each Manufacturing USA Institute
(established under subsection (d) of such section) shall, as
appropriate, contract with a Hollings Manufacturing Extension
Partnership Center (established under section 25 of such Act)
in each State in which such Institute provides services, either
directly or through another such Center, to provide defense
industrial base-related outreach, technical assistance,
workforce development, and technology transfer assistance to
small and medium-sized manufacturers. No Center shall charge in
excess of its standard rate for such services. Funds received
by a Center through such a contract shall not constitute
financial assistance under section 25(e) of such Act.
TITLE XCV--NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial
endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf.
SEC. 9501. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL MEMORIAL
ENDOWMENT FUND.
Section 7(1) of the Oklahoma City National Memorial Act of
1997 (16 U.S.C. 450ss-5(1)) is amended by striking ``there is
hereby authorized'' and inserting ``the Secretary may provide,
from the National Park Service's National Recreation and
Preservation account, the remainder of''.
SEC. 9502. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC.
Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union
With the United States of America', and for other purposes'',
approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)(i)) is
amended--
(1) by striking ``contact'' and inserting
``contract'';
(2) by inserting ``supporting,'' after ``connected
to,'';
(3) by striking ``or'' before ``associated with'';
(4) by inserting ``or adversely affected by'' after
``associated with,''; and
(5) by inserting ``, with priority given to
federally funded military projects'' after ``and in the
Commonwealth''.
SEC. 9503. AFFIRMATION OF AUTHORITY FOR NON-OIL AND GAS OPERATIONS ON
THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1333(a)(1)) is amended to read as follows:
``(1) Jurisdiction of the united states on the
outer continental shelf.--
``(A) In general.--The Constitution and
laws and civil and political jurisdiction of
the United States are extended, to the same
extent as if the outer Continental Shelf were
an area of exclusive Federal jurisdiction
located within a State, to--
``(i) the subsoil and seabed of the
outer Continental Shelf;
``(ii) all artificial islands on
the outer Continental Shelf;
``(iii) installations and other
devices permanently or temporarily
attached to the seabed, which may be
erected thereon for the purpose of
exploring for, developing, or producing
resources, including non-mineral energy
resources; or
``(iv) any such installation or
other device (other than a ship or
vessel) for the purpose of transporting
or transmitting such resources.
``(B) Leases issued exclusively under this
act.--Mineral or energy leases on the outer
Continental Shelf shall be maintained or issued
only under the provisions of this Act.''.
TITLE XCVI--OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
SEC. 9601. INVENTORY OF PROGRAM ACTIVITIES OF FEDERAL AGENCIES.
(a) Inventory of Government Programs.--Section 1122(a) of
title 31, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(2) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Definitions.--For purposes of this
subsection--
``(A) the term `Federal financial
assistance' has the meaning given that term
under section 7501;
``(B) the term `open Government data asset'
has the meaning given that term under section
3502 of title 44;
``(C) the term `program' means a single
program activity or an organized set of
aggregated, disaggregated, or consolidated
program activities by one or more agencies
directed toward a common purpose or goal; and
``(D) the term `program activity' has the
meaning given that term in section 1115(h).'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later
than October 1, 2012, the Office of Management
and Budget shall'' and inserting ``Website and
program inventory.--The Director of the Office
of Management and Budget shall'';
(B) in subparagraph (A), by inserting
``that includes the information required under
subsections (b) and (c)'' after ``a single
website''; and
(C) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) include on the website described in
subparagraph (A), or another appropriate
Federal Government website where related
information is made available, as determined by
the Director--
``(i) a program inventory that
shall identify each program; and
``(ii) for each program identified
in the program inventory, the
information required under paragraph
(3);
``(C) make the information in the program
inventory required under subparagraph (B)
available as an open Government data asset; and
``(D) at a minimum--
``(i) update the information
required to be included on the single
website under subparagraph (A) on a
quarterly basis; and
``(ii) update the program inventory
required under subparagraph (B) on an
annual basis.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph
(A), by striking ``described under paragraph
(1) shall include'' and inserting ``identified
in the program inventory required under
paragraph (2)(B) shall include'';
(B) in subparagraph (B), by striking
``and'' at the end;
(C) in subparagraph (C), by striking the
period at the end and inserting ``and,''; and
(D) by adding at the end the following:
``(D) for each program activity that is
part of a program--
``(i) a description of the purposes
of the program activity and the
contribution of the program activity to
the mission and goals of the agency;
``(ii) a consolidated view for the
current fiscal year and each of the 2
fiscal years before the current fiscal
year of--
``(I) the amount
appropriated;
``(II) the amount
obligated; and
``(III) the amount
outlayed;
``(iii) to the extent practicable
and permitted by law, links to any
related evaluation, assessment, or
program performance review by the
agency, an inspector general, or the
Government Accountability Office
(including program performance reports
required under section 1116), and other
related evidence assembled in response
to implementation of the Foundations
for Evidence-Based Policymaking Act of
2018 (Public Law 115-435; 132 Stat.
5529);
``(iv) an identification of the
statutes that authorize the program
activity or the authority under which
the program activity was created or
operates;
``(v) an identification of any
major regulations specific to the
program activity;
``(vi) any other information that
the Director of the Office of
Management and Budget determines
relevant relating to program activity
data in priority areas most relevant to
Congress or the public to increase
transparency and accountability; and
``(vii) for each assistance listing
under which Federal financial
assistance is provided, for the current
fiscal year and each of the 2 fiscal
years before the current fiscal year
and consistent with existing law
relating to the protection of
personally identifiable information--
``(I) a linkage to the
relevant program activities
that fund Federal financial
assistance by assistance
listing;
``(II) information on the
population intended to be
served by the assistance
listing based on the language
of the solicitation, as
required under section 6102;
``(III) to the extent
practicable and based on data
reported to the agency
providing the Federal financial
assistance, the results of the
Federal financial assistance
awards provided by the
assistance listing;
``(IV) to the extent
practicable, the percentage of
the amount appropriated for the
assistance listing that is used
for management and
administration;
``(V) the identification of
each award of Federal financial
assistance and, to the extent
practicable, the name of each
direct or indirect recipient of
the award; and
``(VI) any information
relating to the award of
Federal financial assistance
that is required to be included
on the website established
under section 2(b) of the
Federal Funding Accountability
and Transparency Act of 2006
(31 U.S.C. 6101 note).''; and
(5) by adding at the end the following:
``(4) Archiving.--The Director of the Office of
Management and Budget shall--
``(A) archive and preserve the information
included in the program inventory required
under paragraph (2)(B) after the end of the
period during which such information is made
available under paragraph (3); and
``(B) make information archived in
accordance with subparagraph (A) publicly
available as an open Government data asset.''.
(b) Guidance, Implementation, Reporting, and Review.--
(1) Definitions.--In this subsection--
(A) the term ``appropriate congressional
committees'' means the Committee on Oversight
and Reform of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the term ``Director'' means the
Director of the Office of Management and
Budget;
(C) the term ``program'' has the meaning
given that term in section 1122(a)(1) of title
31, United States Code, as amended by
subsection (a) of this section;
(D) the term ``program activity'' has the
meaning given that term in section 1115(h) of
title 31, United States Code; and
(E) the term ``Secretary'' means the
Secretary of the Treasury.
(2) Plan for implementation and reconciling program
definitions.--Not later than 180 days after the date of
enactment of this Act, the Director, in consultation
with the Secretary, shall submit to the appropriate
congressional committees a report that--
(A) includes a plan that--
(i) discusses how making available
on a website the information required
under subsection (a) of section 1122 of
title 31, United States Code, as
amended by subsection (a), will
leverage existing data sources while
avoiding duplicative or overlapping
information in presenting information
relating to program activities and
programs;
(ii) indicates how any gaps in data
will be assessed and addressed;
(iii) indicates how the Director
will display such data; and
(iv) discusses how the Director
will expand the information collected
with respect to program activities to
incorporate the information required
under the amendments made by subsection
(a);
(B) sets forth details regarding a pilot
program, developed in accordance with best
practices for effective pilot programs--
(i) to develop and implement a
functional program inventory that could
be limited in scope; and
(ii) under which the information
required under the amendments made by
subsection (a) with respect to program
activities shall be made available on
the website required under section
1122(a) of title 31, United States
Code;
(C) establishes an implementation timeline
for--
(i) gathering and building program
activity information;
(ii) developing and implementing
the pilot program;
(iii) seeking and responding to
stakeholder comments;
(iv) developing and presenting
findings from the pilot program to the
appropriate congressional committees;
(v) notifying the appropriate
congressional committees regarding how
program activities will be aggregated,
disaggregated, or consolidated as part
of identifying programs; and
(vi) implementing a Governmentwide
program inventory through an iterative
approach; and
(D) includes recommendations, if any, to
reconcile the conflicting definitions of the
term ``program'' in relevant Federal statutes,
as it relates to the purpose of this section.
(3) Implementation.--
(A) In general.--Not later than 3 years
after the date of enactment of this Act, the
Director shall make available online all
information required under the amendments made
by subsection (a) with respect to all programs.
(B) Extensions.--The Director may, based on
an analysis of the costs of implementation, and
after submitting to the appropriate
congressional committees a notification of the
action by the Director, extend the deadline for
implementation under subparagraph (A) by not
more than a total of 1 year.
(4) Reporting.--Not later than 2 years after the
date on which the Director makes available online all
information required under the amendments made by
subsection (a) with respect to all programs, the
Comptroller General of the United States shall submit
to the appropriate congressional committees a report
regarding the implementation of this section and the
amendments made by this section, which shall--
(A) review how the Director and agencies
determined how to aggregate, disaggregate, or
consolidate program activities to provide the
most useful information for an inventory of
Government programs;
(B) evaluate the extent to which the
program inventory required under section 1122
of title 31, United States Code, as amended by
this section, provides useful information for
transparency, decision-making, and oversight;
(C) evaluate the extent to which the
program inventory provides a coherent picture
of the scope of Federal investments in
particular areas; and
(D) include the recommendations of the
Comptroller General, if any, for improving
implementation of this section and the
amendments made by this section.
(c) Technical and Conforming Amendments.--
(1) In general.--Section 1122 of title 31, United
States Code, is amended--
(A) in subsection (b), in the matter
preceding paragraph (1), by inserting
``described in subsection (a)(2)(A)'' after
``the website'' each place it appears;
(B) in subsection (c), in the matter
preceding paragraph (1), by inserting
``described in subsection (a)(2)(A)'' after
``the website''; and
(C) in subsection (d)--
(i) in the subsection heading, by
striking ``on Website''; and
(ii) in the first sentence, by
striking ``on the website''.
(2) Other amendments.--
(A) Section 1115(a) of title 31, United
States Code, is amended in the matter preceding
paragraph (1) by striking ``the website
provided under'' and inserting ``a website
described in''.
(B) Section 10 of the GPRA Modernization
Act of 2010 (31 U.S.C. 1115 note) is amended--
(i) in subsection (a)(3), by
striking ``the website described
under'' and inserting ``a website
described in''; and
(ii) in subsection (b)--
(I) in paragraph (1), by
striking ``the website
described under'' and inserting
``a website described in''; and
(II) in paragraph (3), by
striking ``the website as
required under'' and inserting
``a website described in''.
(C) Section 1120(a)(5) of title 31, United
States Code, is amended by striking ``the
website described under'' and inserting ``a
website described in''.
(D) Section 1126(b)(2)(E) of title 31,
United States Code, is amended by striking
``the website of the Office of Management and
Budget pursuant to'' and inserting ``a website
described in''.
(E) Section 3512(a)(1) of title 31, United
States Code, is amended by striking ``the
website described under'' and inserting ``a
website described in''.
SEC. 9602. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.
(a) Short Title.--This section may be cited as the
``Electronic Message Preservation Act''.
(b) Preservation of Electronic Messages and Other
Records.--
(1) Requirement for preservation of electronic
messages.--Chapter 29 of title 44, United States Code,
is amended by adding at the end the following new
section:
``Sec. 2912. Preservation of electronic messages and other records
``(a) Regulations Required.--The Archivist shall promulgate
regulations governing Federal agency preservation of electronic
messages that are determined to be records. Such regulations
shall, at a minimum--
``(1) require the electronic capture, management,
and preservation of such electronic records in
accordance with the records disposition requirements of
chapter 33;
``(2) require that such electronic records are
readily accessible for retrieval through electronic
searches; and
``(3) include timelines for Federal agency
implementation of the regulations that ensure
compliance as expeditiously as practicable.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a)
shall also include requirements for the capture, management,
and preservation of other electronic records.
``(c) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsection (a).''.
(2) Deadline for regulations.--Not later than one
year after the date of the enactment of this Act, the
Archivist shall propose the regulations required under
section 2912(a) of title 44, United States Code, as
added by paragraph (1).
(3) Reports on implementation of regulations.--
(A) Agency report to archivist.--Not later
than two years after the date of the enactment
of this Act, the head of each Federal agency
shall submit to the Archivist a report on the
agency's compliance with the regulations
promulgated under section 2912 of title 44,
United States Code, as added by paragraph (1),
and shall make the report publicly available on
the website of the agency.
(B) Archivist report to congress.--Not
later than 90 days after receipt of all reports
required by subparagraph (A), the Archivist
shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of
the House of Representatives a report on
Federal agency compliance with the regulations
promulgated under section 2912(a) of title 44,
United States Code, as added by paragraph (1),
and shall make the report publicly available on
the website of the agency.
(C) Federal agency defined.--In this
subsection, the term ``Federal agency'' has the
meaning given that term in section 2901 of
title 44, United States Code.
(4) Clerical amendment.--The table of sections at
the beginning of chapter 29 of title 44, United States
Code, is amended by adding after the item relating to
section 2911 the following new item:
``2912. Preservation of electronic messages and other records.''.
(5) Definitions.--Section 2901 of title 44, United
States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (14); and
(B) by striking paragraph (15) and
inserting the following new paragraphs:
``(15) the term `electronic messages' means
electronic mail and other electronic messaging systems
that are used for purposes of communicating between
individuals; and
``(16) the term `electronic records management
system' means software designed to manage electronic
records, including by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as
long as necessary;
``(C) identifying records that are due for
disposition; and
``(D) ensuring the storage, retrieval, and
disposition of records.''.
SEC. 9603. CONTINUITY OF THE ECONOMY PLAN.
(a) Requirement.--
(1) In general.--The President shall develop and
maintain a plan to maintain and restore the economy of
the United States in response to a significant event.
(2) Principles.--The plan required under paragraph
(1) shall--
(A) be consistent with--
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) Contents.--The plan required under paragraph
(1) shall--
(A) examine the distribution of goods and
services across the United States necessary for
the reliable functioning of the United States
during a significant event;
(B) identify the economic functions of
relevant actors, the disruption, corruption, or
dysfunction of which would have a debilitating
effect in the United States on--
(i) security;
(ii) economic security;
(iii) defense readiness; or
(iv) public health or safety;
(C) identify the critical distribution
mechanisms for each economic sector that should
be prioritized for operation during a
significant event, including--
(i) bulk power and electric
transmission systems;
(ii) national and international
financial systems, including wholesale
payments, stocks, and currency
exchanges;
(iii) national and international
communications networks, data-hosting
services, and cloud services;
(iv) interstate oil and natural gas
pipelines; and
(v) mechanisms for the interstate
and international trade and
distribution of materials, food, and
medical supplies, including road, rail,
air, and maritime shipping;
(D) identify economic functions of relevant
actors, the disruption, corruption, or
dysfunction of which would cause--
(i) catastrophic economic loss;
(ii) the loss of public confidence;
or
(iii) the widespread imperilment of
human life;
(E) identify the economic functions of
relevant actors that are so vital to the
economy of the United States that the
disruption, corruption, or dysfunction of those
economic functions would undermine response,
recovery, or mobilization efforts during a
significant event;
(F) incorporate, to the greatest extent
practicable, the principles and practices
contained within Federal plans for the
continuity of Government and continuity of
operations;
(G) identify--
(i) industrial control networks for
which a loss of internet connectivity,
a loss of network integrity or
availability, an exploitation of a
system connected to the network, or
another failure, disruption,
corruption, or dysfunction would have a
debilitating effect in the United
States on--
(I) security;
(II) economic security;
(III) defense readiness; or
(IV) public health or
safety; and
(ii) for each industrial control
network identified under clause (i),
risk mitigation measures, including--
(I) the installation of
parallel services;
(II) the use of stand-alone
analog services; or
(III) the significant
hardening of the industrial
control network against
failure, disruption,
corruption, or dysfunction;
(H) identify critical economic sectors for
which the preservation of data in a protected,
verified, and uncorrupted status would be
required for the quick recovery of the economy
of the United States in the face of a
significant disruption following a significant
event;
(I) include a list of raw materials,
industrial goods, and other items, the absence
of which would significantly undermine the
ability of the United States to sustain the
functions described in subparagraphs (B), (D),
and (E);
(J) provide an analysis of supply chain
diversification for the items described in
subparagraph (I) in the event of a disruption
caused by a significant event;
(K) include--
(i) a recommendation as to whether
the United States should maintain a
strategic reserve of 1 or more of the
items described in subparagraph (I);
and
(ii) for each item described in
subparagraph (I) for which the
President recommends maintaining a
strategic reserve under clause (i), an
identification of mechanisms for
tracking inventory and availability of
the item in the strategic reserve;
(L) identify mechanisms in existence on the
date of enactment of this Act and mechanisms
that can be developed to ensure that the swift
transport and delivery of the items described
in subparagraph (I) is feasible in the event of
a distribution network disturbance or
degradation, including a distribution network
disturbance or degradation caused by a
significant event;
(M) include guidance for determining the
prioritization for the distribution of the
items described in subparagraph (I), including
distribution to States and Indian Tribes;
(N) consider the advisability and
feasibility of mechanisms for extending the
credit of the United States or providing other
financial support authorized by law to key
participants in the economy of the United
States if the extension or provision of other
financial support--
(i) is necessary to avoid severe
economic degradation; or
(ii) allows for the recovery from a
significant event;
(O) include guidance for determining
categories of employees that should be
prioritized to continue to work in order to
sustain the functions described in
subparagraphs (B), (D), and (E) in the event
that there are limitations on the ability of
individuals to travel to workplaces or to work
remotely, including considerations for defense
readiness;
(P) identify critical economic sectors
necessary to provide material and operational
support to the defense of the United States;
(Q) determine whether the Secretary of
Homeland Security, the National Guard, and the
Secretary of Defense have adequate authority to
assist the United States in a recovery from a
severe economic degradation caused by a
significant event;
(R) review and assess the authority and
capability of heads of other agencies that the
President determines necessary to assist the
United States in a recovery from a severe
economic degradation caused by a significant
event; and
(S) consider any other matter that would
aid in protecting and increasing the resilience
of the economy of the United States from a
significant event.
(b) Coordination.--In developing the plan required under
subsection (a)(1), the President shall--
(1) receive advice from--
(A) the Secretary of Homeland Security;
(B) the Secretary of Defense;
(C) the Secretary of the Treasury;
(D) the Secretary of Health and Human
Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business
Administration; and
(I) the head of any other agency that the
President determines necessary to complete the
plan;
(2) consult with economic sectors relating to
critical infrastructure through sector-coordinated
councils, as appropriate;
(3) consult with relevant State, Tribal, and local
governments and organizations that represent those
governments; and
(4) consult with any other non-Federal entity that
the President determines necessary to complete the
plan.
(c) Submission to Congress.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently
than every 3 years thereafter, the President shall
submit the plan required under subsection (a)(1) and
the information described in paragraph (2) to--
(A) the majority and minority leaders of
the Senate;
(B) the Speaker and the minority leader of
the House of Representatives;
(C) the Committee on Armed Services of the
Senate;
(D) the Committee on Armed Services of the
House of Representatives;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(F) the Committee on Homeland Security of
the House of Representatives;
(G) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(H) the Committee on Commerce, Science, and
Transportation of the Senate;
(I) the Committee on Energy and Commerce of
the House of Representatives;
(J) the Committee on Banking, Housing, and
Urban Affairs of the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services of
the House of Representatives;
(M) the Committee on Small Business and
Entrepreneurship of the Senate;
(N) the Committee on Small Business of the
House of Representatives;
(O) the Committee on Energy and Natural
Resources of the Senate;
(P) the Committee on Environment and Public
Works of the Senate;
(Q) the Committee on Indian Affairs of the
Senate;
(R) the Committee on Oversight and Reform
of the House of Representatives;
(S) Committee on the Budget of the House of
Representatives; and
(T) any other committee of the Senate or
the House of Representatives that has
jurisdiction over the subject of the plan.
(2) Additional information.--The information
described in this paragraph is--
(A) any change to Federal law that would be
necessary to carry out the plan required under
subsection (a)(1); and
(B) any proposed changes to the funding
levels provided in appropriation Acts for the
most recent fiscal year that can be implemented
in future appropriation Acts or additional
resources necessary to--
(i) implement the plan required
under subsection (a)(1); or
(ii) maintain any program offices
and personnel necessary to--
(I) maintain the plan
required under subsection
(a)(1) and the plans described
in subsection (a)(3)(F); and
(II) conduct exercises,
assessments, and updates to the
plans described in subclause
(I) over time.
(3) Budget of the president.--The President may
include the information described in paragraph (2)(B)
in the budget required to be submitted by the President
under section 1105(a) of title 31, United States Code.
(d) Definitions.--In this section:
(1) The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) The term ``economic sector'' means a sector of
the economy of the United States.
(3) The term ``relevant actor'' means--
(A) the Federal Government;
(B) a State, local, or Tribal government;
or
(C) the private sector.
(4) The term ``significant event'' means an event
that causes severe degradation to economic activity in
the United States due to--
(A) a cyber attack; or
(B) another significant event that is
natural or human-caused.
(5) The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any possession of the United
States.
TITLE XCVII--FINANCIAL SERVICES MATTERS
Subtitle A--Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards
Pilot Program.
Subtitle B--Combating Russian Money Laundering
Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering
concern of Russian illicit finance.
Subtitle C--Other Matters
Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at
international financial institutions.
Subtitle A--Kleptocracy Asset Recovery Rewards Act
SEC. 9701. SHORT TITLE.
The subtitle may be cited as the ``Kleptocracy Asset
Recovery Rewards Act''.
SEC. 9702. SENSE OF CONGRESS.
It is the sense of Congress that a stolen asset recovery
rewards program to help identify and recover stolen assets
linked to foreign government corruption and the proceeds of
such corruption hidden behind complex financial structures is
needed in order to--
(1) intensify the global fight against corruption;
and
(2) serve United States efforts to identify and
recover such stolen assets, forfeit proceeds of such
corruption, and, where appropriate and feasible, return
the stolen assets or proceeds thereof to the country
harmed by the acts of corruption.
SEC. 9703. DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET RECOVERY
REWARDS PILOT PROGRAM.
(a) Establishment.--
(1) In general.--There is established in the
Department of the Treasury a program to be known as the
``Kleptocracy Asset Recovery Rewards Pilot Program''
for the payment of rewards to carry out the purposes of
this section.
(2) Purpose.--The rewards program shall be designed
to support U.S. Government programs and investigations
aimed at restraining, seizing, forfeiting, or
repatriating stolen assets linked to foreign government
corruption and the proceeds of such corruption.
(3) Implementation.--The rewards program shall be
administered by the Secretary of the Treasury, with the
concurrence of the Secretary of State and the Attorney
General, and in consultation, as appropriate, with the
heads of such other departments and agencies as the
Secretary may find appropriate.
(b) Rewards Authorized.--The Secretary of the Treasury may,
with the concurrence of the Secretary of State and the Attorney
General, and in consultation, as appropriate, with the heads of
other relevant Federal departments and agencies, pay a reward
to any individual, if that individual furnishes information
leading to--
(1) the restraining or seizure of stolen assets in
an account at a U.S. financial institution (including a
U.S. branch of a foreign financial institution), that
come within the United States, or that come within the
possession or control of any United States person;
(2) the forfeiture of stolen assets in an account
at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come
within the United States, or that come within the
possession or control of any United States person; or
(3) where appropriate, the repatriation of stolen
assets in an account at a U.S. financial institution
(including a U.S. branch of a foreign financial
institution), that come within the United States, or
that come within the possession or control of any
United States person.
(c) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
any other payment authorized by the Department of Justice or
other Federal agencies for the obtaining of information or
other evidence, the Secretary of the Treasury, in consultation
with the Secretary of State, the Attorney General, and the
heads of such other agencies as the Secretary may find
appropriate, shall establish procedures for the offering,
administration, and payment of rewards under this section,
including procedures for--
(1) identifying actions with respect to which
rewards will be offered;
(2) the receipt and analysis of data; and
(3) the payment of rewards and approval of such
payments.
(d) Payment of Rewards.--
(1) Authorization of appropriations.--For the
purpose of paying rewards pursuant to this section,
there is authorized to be appropriated--
(A) $450,000 for fiscal year 2021; and
(B) for each fiscal year, any amount, not
to exceed the amount recovered during the
fiscal year in stolen assets described under
subsection (b), that the Secretary determines
is necessary to carry out this program
consistent with this section.
(2) Limitation on annual payments.--Except as
provided under paragraph (3), the total amount of
rewards paid pursuant to this section may not exceed
$25 million in any calendar year.
(3) Presidential authority.--The President may
waive the limitation under paragraph (2) with respect
to a calendar year if the President provides written
notice of such waiver to the appropriate committees of
the Congress at least 30 days before any payment in
excess of such limitation is made pursuant to this
section.
(4) Priority of payments.--In paying any reward
under this section, the Secretary shall, to the extent
possible, make such reward payment--
(A) first, from appropriated funds
authorized under paragraph (1)(A); and
(B) second, from appropriated funds
authorized under paragraph (1)(B).
(e) Limitations.--
(1) Submission of information.--No award may be
made under this section based on information submitted
to the Secretary unless such information is submitted
under penalty of perjury.
(2) Maximum amount.--No reward paid under this
section may exceed $5 million, unless the Secretary--
(A) personally authorizes such greater
amount in writing;
(B) determines that offer or payment of a
reward of a greater amount is necessary due to
the exceptional nature of the case; and
(C) notifies the appropriate committees of
the Congress of such determination.
(3) Approval.--
(A) In general.--No reward amount may be
paid under this section without the written
approval of the Secretary, with the concurrence
of the Secretary of State and the Attorney
General.
(B) Delegation.--The Secretary may not
delegate the approval required under
subparagraph (A) to anyone other than an Under
Secretary of the Department of the Treasury.
(4) Protection measures.--If the Secretary
determines that the identity of the recipient of a
reward or of the members of the recipient's immediate
family must be protected, the Secretary shall,
consistent with applicable law, take such measures in
connection with the payment of the reward as the
Secretary considers necessary to effect such
protection.
(5) Forms of reward payment.--The Secretary may
make a reward under this section in the form of a
monetary payment.
(f) Ineligibility, Reduction in, or Denial of Reward.--
(1) Officer and employees.--An officer or employee
of any entity of Federal, State, or local government or
of a foreign government who, while in the performance
of official duties, furnishes information described
under subsection (b) shall not be eligible for a reward
under this section.
(2) Participating individuals.--If the claim for a
reward is brought by an individual who the Secretary
has a reasonable basis to believe knowingly planned,
initiated, directly participated in, or facilitated the
actions that led to assets of a foreign state or
governmental entity being stolen, misappropriated, or
illegally diverted or to the payment of bribes or other
foreign governmental corruption, the Secretary shall
appropriately reduce, and may deny, such award. If such
individual is convicted of criminal conduct arising
from the role described in the preceding sentence, the
Secretary shall deny or may seek to recover any reward,
as the case may be.
(g) Report.--
(1) In general.--Within 180 days of the enactment
of this section, and annually thereafter for 3 years,
the Secretary shall issue a report to the appropriate
committees of the Congress--
(A) detailing to the greatest extent
possible the amount, location, and ownership or
beneficial ownership of any stolen assets that,
on or after the date of the enactment of this
section, come within the United States or that
come within the possession or control of any
United States person;
(B) discussing efforts being undertaken to
identify more such stolen assets and their
owners or beneficial owners; and
(C) including a discussion of the
interactions of the Department of the Treasury
with the international financial institutions
(as defined in section 1701(c)(2) of the
International Financial Institutions Act) to
identify the amount, location, and ownership,
or beneficial ownership, of stolen assets held
in financial institutions outside the United
States.
(2) Exception.--The report issued under paragraph
(1) shall not include information related to ongoing
investigations or information related to closed
investigations that would reveal identities of
individuals not charged with a criminal offense, would
reveal identities of investigative sources or methods,
would reveal identities of witnesses, would compromise
subsequent investigations, or the disclosure of which
is otherwise prohibited by law, the Federal Rules of
Criminal Procedure, regulation, or court order.
(h) Report on Disposition of Recovered Assets.--Within 360
days of the enactment of this Act, the Secretary of the
Treasury, with the concurrence of the Secretary of State and
the Attorney General, shall issue a report to the appropriate
committees of Congress describing policy choices and
recommendations for disposition of stolen assets recovered
pursuant to this section.
(i) Sunset of Pilot Program.--The authorities under this
section, as well as the program established pursuant to this
section, shall terminate three years after the date of the
enactment of this Act.
(j) Definitions.--For purposes of this section:
(1) Appropriate committees of the congress.--The
term ``appropriate committees of the Congress'' means
the Committee on Financial Services of the House of
Representatives, the Committee on Banking, Housing, and
Urban Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the
Committee on the Judiciary of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate.
(2) Financial asset.--The term `financial asset'
means any funds, investments, or ownership interests,
as defined by the Secretary, that on or after the date
of the enactment of this section come within the United
States or that come within the possession or control of
any United States person.
(3) Foreign government corruption.--The term
``foreign government corruption'' means corruption, as
defined by the United Nations Convention Against
Corruption.
(4) Foreign public official.--The term ``foreign
public official'' includes any person who occupies a
public office by virtue of having been elected,
appointed, or employed, including any military,
civilian, special, honorary, temporary, or
uncompensated official.
(5) Immediate family member.--The term ``immediate
family member'', with respect to an individual, has the
meaning given the term ``member of the immediate
family'' under section 36(k) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(k)).
(6) Rewards program.--The term ``rewards program''
means the program established in subsection (a)(1) of
this section.
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(8) Stolen assets.--The term ``stolen assets''
means financial assets within the jurisdiction of the
United States, constituting, derived from, or traceable
to, any proceeds obtained directly or indirectly from
foreign government corruption.
Subtitle B--Combating Russian Money Laundering
SEC. 9711. SHORT TITLE.
This subtitle may be cited as the ``Combating Russian Money
Laundering Act''.
SEC. 9712. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) protect the United States financial sector from
abuse by malign actors; and
(2) use all available financial tools to counter
adversaries.
SEC. 9713. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the efforts of the Government of the Russian
Federation, Russian state-owned enterprises, and
Russian oligarchs to move and disguise the source,
ownership, location, or control of illicit funds or
value constitute money laundering;
(2) such money laundering efforts could assist in
the Russian Government's ongoing political and economic
influence and destabilization operations, which in turn
could affect United States and European democracy,
national security, and rule of law;
(3) the Secretary of the Treasury should determine
whether Russia and the financial institutions through
which the Russian Government, political leaders, state-
owned enterprises, and oligarchs launder money are of
primary money laundering concern; and
(4) the Secretary of the Treasury should consider
the need for financial institutions and other obligated
entities to apply enhanced due diligence measures to
transactions with the Russian Government, political
leaders, state-owned enterprises, and financial
institutions.
SEC. 9714. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING
CONCERN OF RUSSIAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial institutions operating outside of the
United States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1 or
more types of accounts within, or involving, a jurisdiction
outside of the United States is of primary money laundering
concern in connection with Russian illicit finance, the
Secretary of the Treasury may, by order, regulation, or
otherwise as permitted by law--
(1) require domestic financial institutions and
domestic financial agencies to take 1 or more of the
special measures described in section 5318A(b) of title
31, United States Code; or
(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary)
by any domestic financial institution or domestic
financial agency, if such transmittal of funds involves
any such institution, class of transaction, or type of
account.
(b) Report Required.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the
Treasury shall submit to the Committees on Financial
Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate a
report that shall identify any additional regulations,
statutory changes, enhanced due diligence, and
reporting requirements that are necessary to better
identify, prevent, and combat money laundering linked
to Russia, including related to--
(A) identifying the beneficial ownership of
anonymous companies;
(B) strengthening current, or enacting new,
reporting requirements and customer due
diligence requirements for the real estate
sector, law firms, and other trust and
corporate service providers;
(C) enhanced know-your-customer procedures
and screening for transactions involving
Russian political leaders, Russian state-owned
enterprises, and known Russian transnational
organized crime figures; and
(D) establishing a permanent solution to
collecting information nationwide to track
ownership of real estate.
(2) Format.--The report required under this
subsection shall be made available to the public,
including on the website of the Department of the
Treasury, but may contain a classified annex and be
accompanied by a classified briefing.
(c) Sense of Congress on International Cooperation.--It is
the sense of the Congress that the Secretary of the Treasury
and other relevant cabinet members (such as the Secretary of
State, Secretary of Homeland Security, and Attorney General)
should work jointly with European, E.U., and U.K. financial
intelligence units, trade transparency units, and appropriate
law enforcement authorities to present, both in the report
required under subsection (b) and in future analysis of
suspicious transaction reports, cash transaction reports,
currency and monetary instrument reports, and other relevant
data to identify trends and assess risks in the movement of
illicit funds from Russia through the United States, British,
and European financial systems.
Subtitle C--Other Matters
SEC. 9721. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT.
(a) In General.--Section 721(b)(3) of the Defense
Production Act of 1950 (50 U.S.C. 4565(b)(3)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by adding ``or
assessment'' at the end; and
(B) by striking ``subsection (b) that
concludes action under this section'' and
inserting ``this subsection that concludes
action under this section, or upon the
Committee making a notification under paragraph
(1)(C)(v)(III)(aa)(DD)''; and
(2) in subparagraph (C)(i)--
(A) in subclause (I), by striking ``and''
at the end;
(B) in subclause (II), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) whether the
transaction is described under
clause (i), (ii), (iii), (iv),
or (v) of subsection
(a)(4)(B).''.
(b) Technical Corrections.--
(1) In general.--Section 1727(a) of the Foreign
Investment Risk Review Modernization Act of 2018
(Public Law 115-232) is amended--
(A) in paragraph (3), by striking
``(4)(C)(v)'' and inserting ``(4)(F)''; and
(B) in paragraph (4), by striking
``subparagraph (B)'' and inserting
``subparagraph (C)''.
(2) Effective date.--The amendments under paragraph
(1) shall take effect on the date of enactment of the
Foreign Investment Risk Review Modernization Act of
2018.
SEC. 9722. ENSURING CHINESE DEBT TRANSPARENCY.
(a) United States Policy at the International Financial
Institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) that it is the policy
of the United States to use the voice and vote of the United
States at the respective institution to seek to secure greater
transparency with respect to the terms and conditions of
financing provided by the government of the People's Republic
of China to any member state of the respective institution that
is a recipient of financing from the institution, consistent
with the rules and principles of the Paris Club.
(b) Report Required.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
include in the annual report required by section 1701 of the
International Financial Institutions Act--
(1) a description of progress made toward advancing
the policy described in subsection (a) of this section;
and
(2) a discussion of financing provided by entities
owned or controlled by the government of the People's
Republic of China to the member states of international
financial institutions that receive financing from the
international financial institutions, including any
efforts or recommendations by the Chairman to seek
greater transparency with respect to the former
financing.
(c) Sunset.--Subsections (a) and (b) of this section shall
have no force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) 30 days after the date that the Secretary
reports to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign
Relations of the Senate that the People's Republic of
China is in substantial compliance with the rules and
principles of the Paris Club.
SEC. 9723. ACCOUNTABILITY FOR WORLD BANK LOANS TO CHINA.
(a) United States Support for Graduation of China From
World Bank Assistance.--
(1) In general.--The United States Governor of the
International Bank for Reconstruction and Development
(in this section referred to as the ``IBRD'') shall
instruct the United States Executive Director at the
IBRD that it is the policy of the United States to--
(A) pursue the expeditious graduation of
the People's Republic of China from assistance
by the IBRD, consistent with the lending
criteria of the IBRD; and
(B) until the graduation of China from IBRD
assistance, prioritize projects in China that
contribute to global public goods, to the
extent practicable.
(2) Sunset.--Paragraph (1) shall have no force or
effect on or after the earlier of--
(A) the date that is 7 years after the date
of the enactment of this Act; or
(B) the date that the Secretary of the
Treasury reports to the Committee on Financial
Services of the House of Representatives and
the Committee on Foreign Relations of the
Senate that termination of paragraph (1) is
important to the national interest of the
United States, with a detailed explanation of
the reasons therefor.
(b) Accountability for World Bank Loans to the People's
Republic of China.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the United States
Governor of the IBRD shall submit the report described
in paragraph (2) to the Committee on Financial Services
of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(2) Report described.--The report described in this
paragraph shall include the following:
(A) A detailed description of the efforts
of the United States Governor of the IBRD to
enforce the timely graduation of countries from
the IBRD, with a particular focus on the
efforts with regard to the People's Republic of
China.
(B) If the People's Republic of China is a
member country of the IBRD, an explanation of
any economic or political factors that have
prevented the graduation of the People's
Republic of China from the IBRD.
(C) A discussion of any effects resulting
from fungibility and IBRD lending to China,
including the potential for IBRD lending to
allow for funding by the government of the
People's Republic of China of activities that
may be inconsistent with the national interest
of the United States.
(D) An action plan to help ensure that the
People's Republic of China graduates from the
IBRD within 2 years after submission of the
report, consistent with the lending eligibility
criteria of the IBRD.
(3) Waiver of requirement that report include
action plan.--The Secretary of the Treasury may waive
the requirement of paragraph (2)(D) on reporting to the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations
of the Senate that the waiver is important to the
national interest of the United States, with a detailed
explanation of the reasons therefor.
(c) Ensuring Debt Transparency With Respect to the Belt and
Road Initiative.--Within 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall, in
consultation with the Secretary of State, submit to the
Committee on Financial Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report (which should be
submitted in unclassified form but may include a classified
annex) that includes the following:
(1) An assessment of the level of indebtedness of
countries receiving assistance through the Belt and
Road Initiative that are also beneficiary countries of
the international financial institutions, including the
level and nature of indebtedness to the People's
Republic of China or an entity owned or controlled by
the government of the People's Republic of China.
(2) An analysis of debt management assistance
provided by the World Bank, the International Monetary
Fund, and the Office of Technical Assistance of the
Department of the Treasury to borrowing countries of
the Belt and Road Initiative of the People's Republic
of China (or any comparable initiative or successor
initiative of China).
(3) An assessment of the effectiveness of United
States efforts, including bilateral efforts and
multilateral efforts, at the World Bank, the
International Monetary Fund, other international
financial institutions and international organizations
to promote debt transparency.
SEC. 9724. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Taiwan is responsible for remarkable
achievements in economic and democratic development,
with its per capita gross domestic product rising in
purchasing power parity terms from $3,470 in 1980 to
more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant
and advanced economy under democratic governance and
the rule of law can inform the work of the
international financial institutions, including through
the contributions and insights of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the
international financial institutions should not be held
at a disadvantage in hiring because the economic
success of Taiwan has rendered it ineligible for
financial assistance from such institutions.
(b) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution to use the voice and vote
of the United States to seek to ensure that Taiwan nationals
are not discriminated against in any employment decision by the
institution, including employment through consulting or part-
time opportunities, on the basis of--
(1) whether they are citizens or nationals of, or
holders of a passport issued by, a member country of,
or a state or other jurisdiction that receives
assistance from, the international financial
institution; or
(2) any other consideration that, in the
determination of the Secretary, unfairly disadvantages
Taiwan nationals with respect to employment at the
institution.
(c) Waiver Authority.--The Secretary of the Treasury may
waive subsection (b) for not more than 1 year at a time after
reporting to the Committee on Financial Services of the House
of Representatives and the Committee on Foreign Relations of
the Senate that providing the waiver--
(1) will substantially promote the objective of
equitable treatment for Taiwan nationals at the
international financial institutions; or
(2) is in the national interest of the United
States, with a detailed explanation of the reasons
therefor.
(d) Progress Report.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
submit to the committees specified in subsection (c) an annual
report, in writing, that describes the progress made toward
advancing the policy described in subsection (b), and a summary
of employment trends with respect to Taiwan nationals at the
international financial institutions.
(e) International Financial Institution Defined.--In this
section, the term ``international financial institutions'' has
the meaning given the term in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(2)).
(f) Sunset.--The preceding provisions of this section shall
have no force or effect beginning on the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury
reports to the committees specified in subsection (c)
that each international financial institution has
adopted the policy described in subsection (b).
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR
AMERICA
Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics
technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.
SEC. 9901. DEFINITIONS.
In this title:
(1) The term ``appropriate committees of Congress''
means--
(A) the Select Committee on Intelligence,
the Committee on Energy and Natural Resources,
the Committee on Commerce, Science, and
Transportation, the Committee on Foreign
Relations, the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Finance of the
Senate; and
(B) the Permanent Select committee on
Intelligence, the Committee on Energy and
Commerce, the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee
on Appropriations, the Committee on Financial
Services, the Committee on Homeland Security,
and the Committee on Ways and Means of the
House of Representatives..
(2) The term ``covered entity'' means a private
entity, a consortium of private entities, or a
consortium of public and private entities with a
demonstrated ability to substantially finance,
construct, expand, or modernize a facility relating to
fabrication, assembly, testing, advanced packaging, or
research and development of semiconductors.
(3) The term ``covered incentive'':
(A) means an incentive offered by a
governmental entity to a covered entity for the
purposes of constructing within the
jurisdiction of the governmental entity, or
expanding or modernizing an existing facility
within that jurisdiction, a facility described
in paragraph (2); and
(B) a workforce-related incentive
(including a grant agreement relating to
workforce training or vocational education),
any concession with respect to real property,
funding for research and development with
respect to semiconductors, and any other
incentive determined appropriate by the
Secretary, in consultation with the Secretary
of State.
(4) The term ``person'' includes an individual,
partnership, association, corporation, organization, or
any other combination of individuals.
(5) The term ``foreign entity''--
(A) means--
(i) a government of a foreign
country and a foreign political party;
(ii) a natural person who is not a
lawful permanent resident of the United
States, citizen of the United States,
or any other protected individual (as
such term is defined in section
274B(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(3));
or
(iii) a partnership, association,
corporation, organization, or other
combination of persons organized under
the laws of or having its principal
place of business in a foreign country;
and
(B) includes--
(i) any person owned by, controlled
by, or subject to the jurisdiction or
direction of a an entity listed in
subparagraph (A);
(ii) any person, wherever located,
who acts as an agent, representative,
or employee of an entity listed in
subparagraph (A);
(iii) any person who acts in any
other capacity at the order, request,
or under the direction or control, of
an entity listed in subparagraph (A),
or of a person whose activities are
directly or indirectly supervised,
directed, controlled, financed, or
subsidized in whole or in majority part
by an entity listed in subparagraph
(A);
(iv) any person who directly or
indirectly through any contract,
arrangement, understanding,
relationship, or otherwise, owns 25
percent or more of the equity interests
of an entity listed in subparagraph
(A);
(v) any person with significant
responsibility to control, manage, or
direct an entity listed in subparagraph
(A);
(vi) any person, wherever located,
who is a citizen or resident of a
country controlled by an entity listed
in subparagraph (A); or
(vii) any corporation, partnership,
association, or other organization
organized under the laws of a country
controlled by an entity listed in
subparagraph (A).
(6) The term ``foreign entity of concern'' means
any foreign entity that is--
(A) designated as a foreign terrorist
organization by the Secretary of State under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189);
(B) included on the list of specially
designated nationals and blocked persons
maintained by the Office of Foreign Assets
Control of the Department of the Treasury;
(C) owned by, controlled by, or subject to
the jurisdiction or direction of a government
of a foreign country that is listed in section
2533c of title 10, United States Code; or
(D) alleged by the Attorney General to have
been involved in activities for which a
conviction was obtained under--
(i) chapter 37 of title 18, United
States Code (commonly known as the
``Espionage Act'') (18 U.S.C. 792 et
seq.);
(ii) section 951 or 1030 of title
18, United States Code;
(iii) chapter 90 of title 18,
United States Code (commonly known as
the ``Economic Espionage Act of
1996'');
(iv) the Arms Export Control Act
(22 U.S.C. 2751 et seq.);
(v) sections 224, 225, 226, 227, or
236 of the Atomic Energy Act of 1954
(42 U.S.C. 2274-2278; 2284);
(vi) the Export Control Reform Act
of 2018 (50 U.S.C. 4801 et seq.); or
(vii) the International Economic
Emergency Powers Act (50 U.S.C. 1701 et
seq.); or
(E) determined by the Secretary, in
consultation with the Secretary of Defense and
the Director of National Intelligence, to be
engaged in unauthorized conduct that is
detrimental to the national security or foreign
policy of the United States under this Act.
(7) The term ``governmental entity'' means a State
or local government.
(8) The term ``Secretary'' means the Secretary of
Commerce.
(9) The term ``semiconductor'' has the meaning
given that term by the Secretary.
SEC. 9902. SEMICONDUCTOR INCENTIVES.
(a) Financial Assistance Program.--
(1) In general.--The Secretary shall establish in
the Department of Commerce a program that, in
accordance with the requirements of this section and
subject to the availability of appropriations for such
purposes, provides Federal financial assistance to
covered entities to incentivize investment in
facilities and equipment in the United States for
semiconductor fabrication, assembly, testing, advanced
packaging, or research and development.
(2) Procedure.--
(A) In general.--A covered entity shall
submit to the Secretary an application that
describes the project for which the covered
entity is seeking financial assistance under
this section.
(B) Eligibility.--In order for a covered
entity to qualify for financial assistance
under this section, the covered entity shall
demonstrate to the Secretary, in the
application submitted by the covered entity
under subparagraph (A), that--
(i) the covered entity has a
documented interest in constructing,
expanding, or modernizing a facility
described in paragraph (1); and
(ii) with respect to the project
described in clause (i), the covered
entity has--
(I) been offered a covered
incentive;
(II) made commitments to
worker and community
investment, including through--
(aa) training and
education benefits paid
by the covered entity;
and
(bb) programs to
expand employment
opportunity for
economically
disadvantaged
individuals; and
(III) secured commitments
from regional educational and
training entities and
institutions of higher
education to provide workforce
training, including programming
for training and job placement
of economically disadvantaged
individuals; and
(IV) an executable plan to
sustain the facility described
in clause (i) without
additional Federal financial
assistance under this
subsection for facility
support.
(C) Considerations for review.--With
respect to the review by the Secretary of an
application submitted by a covered entity under
subparagraph (A)--
(i) the Secretary may not approve
the application unless the Secretary--
(I) confirms that the
covered entity has satisfied
the eligibility criteria under
subparagraph (B);
(II) determines that the
project to which the
application relates is in the
interest of the United States;
and
(III) has notified the
appropriate committees of
Congress not later than 15 days
before making any commitment to
provide a grant to any covered
entity that exceeds
$10,000,000; and
(ii) the Secretary may consider
whether--
(I) the covered entity has
previously received financial
assistance made under this
subsection;
(II) the governmental
entity offering the applicable
covered incentive has
benefitted from financial
assistance previously provided
under this subsection;
(III) the covered entity
has demonstrated that they are
responsive to the national
security needs or requirements
established by the Intelligence
Community (or an agency
thereof), the National Nuclear
Security Administration, or the
Department of Defense; and
(IV) when practicable, a
consortium that is considered a
covered entity includes a small
business concern, as defined
under section 3 of the Small
Business Act (15 U.S.C. 632),
notwithstanding section 121.103
of title 13, Code of Federal
Regulations; and
(iii) the Secretary may not approve
an application if the Secretary
determines that the covered entity is a
foreign entity of concern.
(D) Records.--The Secretary may request
records and information from the applicant to
review the status of a covered entity. The
applicant shall provide the records and
information requested by the Secretary.
(3) Amount.--
(A) In general.--The Secretary shall
determine the appropriate amount and funding
type for each financial assistance award made
to a covered entity under this subsection.
(B) Larger investment.--Federal investment
in any individual project shall not exceed
$3,000,000,000 unless the Secretary, in
consultation with the Secretary of Defense and
the Director of National Intelligence,
recommends to the President, and the President
certifies and reports to the appropriate
committees of Congress, that a larger
investment is necessary to--
(i) significantly increase the
proportion of reliable domestic supply
of semiconductors relevant for national
security and economic competitiveness
that can be met through domestic
production; and
(ii) meet the needs of national
security.
(4) Use of funds.--A covered entity that receives a
financial assistance award under this subsection may
only use the financial assistance award amounts to--
(A) finance the construction, expansion, or
modernization of a facility or equipment to be
used for semiconductors described in paragraph
(1), as documented in the application submitted
by the covered entity under paragraph (2)(B),
as determined necessary by the Secretary for
purposes relating to the national security and
economic competitiveness of the United States;
(B) support workforce development for a
facility described in subparagraph (A);
(C) support site development and
modernization for a facility described in
subparagraph (A); and
(D) pay reasonable costs related to the
operating expenses for a facility described in
subparagraph (A), including specialized
workforce, essential materials, and complex
equipment maintenance, as determined by the
Secretary.
(5) Clawback.--
(A) Target dates.--For all major awards to
covered entities, the Secretary shall--
(i) determine target dates by which
a project shall commence and complete;
and
(ii) set these dates by the time of
award.
(B) Progressive recovery for delays.--If
the project does not commence and complete by
the set target dates in (A), the Secretary
shall progressively recover up to the full
amount of an award provided to a covered entity
under this subsection.
(C) Technology clawback.--The Secretary
shall recover the full amount of an award
provided to a covered entity under this
subsection if, during the applicable term with
respect to the award, the covered entity
knowingly engages in any joint research or
technology licensing effort--
(i) with a foreign entity of
concern; and
(ii) that relates to a technology
or product that raises national
security concerns, as determined by the
Secretary and communicated to the
covered entity before engaging in such
joint research or technology licensing.
(D) Waiver.--In the case of delayed
projects, the Secretary may waive elements of
the clawback provisions incorporated in each
major award after--
(i) making a formal determination
that circumstances beyond the ability
of the covered entity to foresee or
control are responsible for delays; and
(ii) submitting congressional
notification.
(E) Congressional notification.--The
Secretary shall notify appropriate committees
of Congress--
(i) of the clawback provisions
attending each such major award; and
(ii) of any waivers provided, not
later than 15 days after the date on
which such a waiver was provided.
(b) Coordination Required.--In carrying out the program
established under subsection (a), the Secretary shall
coordinate with the Secretary of State, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of
Energy, and the Director of National Intelligence.
(c) GAO Reviews.--The Comptroller General of the United
States shall--
(1) not later than 2 years after the date of
disbursement of the first financial award under
subsection (a), and biennially thereafter for 10 years,
conduct a review of the program established under
subsection (a), which shall include, at a minimum--
(A) a determination of the number of
instances in which financial assistance awards
were provided under that subsection during the
period covered by the review;
(B) an evaluation of how--
(i) the program is being carried
out, including how recipients of
financial assistance awards are being
selected under the program; and
(ii) other Federal programs are
leveraged for manufacturing, research,
and training to complement the
financial assistance awards awarded
under the program; and
(C) a description of the outcomes of
projects supported by awards made under the
program, including a description of--
(i) facilities described in
subsection (a)(1) that were
constructed, expanded, or modernized as
a result of awards made under the
program;
(ii) research and development
carried out with awards made under the
program;
(iii) workforce training programs
carried out with awards made under the
program, including efforts to hire
individuals from disadvantaged
populations; and
(iv) the impact of projects on the
United States share of global
microelectronics production; and
(2) submit to the appropriate committees of
Congress the results of each review conducted under
paragraph (1).
SEC. 9903. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.--
(1) In general.--Subject to the availability of
appropriations for such purposes, the Secretary of
Defense, in consultation with the Secretary of
Commerce, the Secretary of Energy, the Secretary of
Homeland Security, and the Director of National
Intelligence, shall establish a public-private
partnership through which the Secretary shall work to
incentivize the formation of one or more consortia of
companies (or other such partnerships of private-sector
entities, as appropriate) to ensure the development and
production of measurably secure microelectronics,
including integrated circuits, logic devices, memory,
and the packaging and testing practices that support
these microelectronic components by the Department of
Defense, the intelligence community, critical
infrastructure sectors, and other national security
applications. Such incentives may include the use of
grants under section 9902, and providing incentives for
the creation, expansion, or modernization of one or
more commercially competitive and sustainable
microelectronics manufacturing or advanced research and
development facilities in the United States.
(2) Risk mitigation requirements.--A participant in
a consortium formed with incentives under paragraph
(1)--
(A) shall have the potential to enable
design, perform fabrication, assembly, package,
or test functions for microelectronics deemed
critical to national security as defined by the
National Security Advisor and the Secretary of
Defense;
(B) may be a fabless company migrating its
designs to the facility envisioned in paragraph
(1) or migrating to an existing facility
onshore;
(C) may be companies, including fabless
companies and companies that procure large
quantities of microelectronics, willing to co-
invest to achieve the objectives set forth in
paragraph (1);
(D) shall include management processes to
identify and mitigate supply chain security
risks; and
(E) shall be capable of providing
microelectronic components that are consistent
with applicable measurably secure supply chain
and operational security standards established
under section 224(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(3) National security considerations.--The
Secretary of Defense and the Director of National
Intelligence shall select participants for each
consortium and or partnership formed with incentives
under paragraph (1). In selecting such participants,
the Secretary and the Director may jointly consider
whether the companies--
(A) have participated in previous programs
and projects of the Department of Defense,
Department of Energy, or the intelligence
community, including--
(i) the Trusted Integrated Circuit
program of the Intelligence Advanced
Research Projects Activity;
(ii) trusted and assured
microelectronics projects, as
administered by the Department of
Defense;
(iii) the Electronics Resurgence
Initiative program of the Defense
Advanced Research Projects Agency; or
(iv) relevant semiconductor
research programs of the Advanced
Research Projects Agency-Energy;
(B) have demonstrated an ongoing commitment
to performing contracts for the Department of
Defense and the intelligence community;
(C) are approved by the Defense
Counterintelligence and Security Agency or the
Office of the Director of National Intelligence
as presenting an acceptable security risk,
taking into account supply chain assurance
vulnerabilities, counterintelligence risks, and
any risks presented by companies whose
beneficial owners are located outside the
United States; and
(D) are evaluated periodically for foreign
ownership, control, or influence by a foreign
entity of concern.
(4) Nontraditional defense contractors and
commercial entities.--Arrangements entered into to
carry out paragraph (1) shall be in such form as the
Secretary of Defense determines appropriate to
encourage industry participation of nontraditional
defense contractors or commercial entities and may
include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction
authority under section 2371 of title 10, United States
Code, or another such arrangement.
(5) Implementation.--Subject to the availability of
appropriations for such purposes, the Secretary of
Defense--
(A) shall carry out paragraph (1) jointly
through the Office of the Under Secretary of
Defense for Research and Engineering and the
Office of the Under Secretary of Defense for
Acquisition and Sustainment; and
(B) may carry out paragraph (1) in
collaboration with any such other component of
the Department of Defense as the Secretary of
Defense considers appropriate.
(6) Other initiatives.--
(A) Required initiatives.--Subject to the
availability of appropriations for such
purposes, the Secretary of Defense, in
consultation with the Secretary of Energy and
the Administrator of the National Nuclear
Security Administration, as appropriate, may
dedicate initiatives within the Department of
Defense to carry out activities to advance
radio frequency, mixed signal, radiation
tolerant, and radiation hardened
microelectronics that support national security
and dual-use applications.
(B) Support plan required.--The Secretary
of Defense, in consultation with the heads of
appropriate departments and agencies of the
Federal Government, shall develop a plan,
including assessment of resource requirements
and designation of responsible officials, for
the maintenance of capabilities to produce
trusted and assured microelectronics to support
current and legacy defense systems, other
government systems essential for national
security, and critical infrastructure of the
United States, especially for items with
otherwise limited commercial demand.
(C) Assessment of public private
partnerships and activities.--In conjunction
with the activities carried out under this
section, the Secretary of Defense shall enter
into an agreement with the National Academies
of Science, Engineering, and Medicine to
undertake a study to make recommendations and
provide policy options for optimal public-
private partnerships and partnership
activities, including an analysis of
establishing a semiconductor manufacturing
corporation to leverage private sector
technical, managerial, and investment
expertise, and private capital, as well as an
assessment of and response to the industrial
policies of other nations to support industries
in similar critical technology sectors, and
deliver such study to the congressional defense
committees not later than October 1, 2022.
(7) Reports.--
(A) Report by secretary of defense.--Not
later than 90 days after the date of the
enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the plans
of the Secretary to carry out paragraphs (1)
and (6).
(B) Biennial reports by comptroller general
of the united states.--Not later than one year
after the date on which the Secretary submits
the report required by subparagraph (A) and not
less frequently than once every two years
thereafter for a period of 10 years, the
Comptroller General of the United States shall
submit to Congress a report on the activities
carried out under this subsection.
(b) National Network for Microelectronics Research and
Development.--
(1) In general.--Subject to the availability of
appropriations for such purposes, the Secretary of
Defense may establish a national network for
microelectronics research and development--
(A) to enable the laboratory to fabrication
transition of microelectronics innovations in
the United States; and
(B) to expand the global leadership in
microelectronics of the United States.
(2) Activities.--The national network for
microelectronics research and development shall--
(A) enable cost effective exploration of
new materials, devices, and architectures, and
prototyping in domestic facilities to safeguard
domestic intellectual property;
(B) accelerate the transition of new
technologies to domestic microelectronics
manufacturers; and
(C) conduct other relevant activities
deemed necessary by the Secretary of Defense
for accomplishing the purposes of the national
network for microelectronics research and
development.
SEC. 9904. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS
TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.
(a) In General.--Beginning not later than 180 days after
the date of the enactment of this Act, the Secretary, in
consultation with the heads of other Federal departments and
agencies, as appropriate, including the Secretary of Defense,
Secretary of Homeland Security, and the Secretary of Energy,
shall undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act of
1950 (50 U.S.C. 4555), to assess the capabilities of the United
States industrial base to support the national defense in light
of the global nature of the supply chain and significant
interdependencies between the United States industrial base and
the industrial bases of foreign countries with respect to the
manufacture, design, and end use of microelectronics.
(b) Response to Survey.--To the extent authorized by
section 705 of the Defense Production Act of 1950 (50 U.S.C.
4555) and section 702 of title 15, Code of Federal Regulations,
the Secretary shall ensure all relevant potential respondents
reply to the survey, including the following:
(1) Corporations, partnerships, associations, or
any other organized groups domiciled and with
substantial operations in the United States.
(2) Corporations, partnerships, associations, or
any other organized groups with a physical presence of
any kind in the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with a
physical presence of any kind in the United States.
(c) Information Requested.--To the extent authorized by
section 705 of the Defense Production Act of 1950 (50 U.S.C.
4555) and section 702 of title 15, Code of Federal Regulations,
the information sought from a responding entity specified in
subsection (b) shall include, at minimum, information on the
following with respect to the manufacture, design, or end use
of microelectronics by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics
development, manufacture, assembly, test, and packaging
equipment in operation at such an entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and
components sourced domestically and abroad by such an
entity.
(5) Specifications of the microelectronics
manufactured or designed by such an entity,
descriptions of the end-uses of such microelectronics,
and a description of any technical support provided to
end-users of such microelectronics by such an entity.
(6) Information on domestic and export market sales
by such an entity.
(7) Information on the financial performance,
including income and expenditures, of such an entity.
(8) A list of all foreign and domestic subsidies,
and any other financial incentives, received by such an
entity in each market in which such entity operates.
(9) A list of regulatory or other informational
requests about the respondents' operations, sales, or
other proprietary information by the People's Republic
of China entities under its direction or officials of
the Chinese Communist Party, a description of the
nature of each request, and the type of information
provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or
production arrangements of such an entity.
(11) A description of efforts by such an entity to
evaluate and control supply chain risks.
(12) A list and description of any sales, licensing
agreements, or partnerships between such an entity and
the People's Liberation Army or People's Armed Police,
including any business relationships with entities
through which such sales, licensing agreements, or
partnerships may occur.
(d) Report.--
(1) In general.--The Secretary shall, in
consultation with the heads of other appropriate
Federal departments and agencies, as appropriate,
including the Secretary of Defense, Secretary of
Homeland Security, and Secretary of Energy, submit to
Congress a report on the results of the review required
by subsection (a). The report shall include the
following:
(A) An assessment of the results of the
review.
(B) A list of critical technology areas
impacted by potential disruptions in production
of microelectronics, and a detailed description
and assessment of the impact of such potential
disruptions on such areas.
(C) A description and assessment of gaps
and vulnerabilities in the microelectronics
supply chain and the national industrial supply
base.
(2) Form.--The report required by paragraph (1) may
be submitted in classified form.
SEC. 9905. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE
SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS
SUPPLY CHAINS.
(a) Multilateral Semiconductors Security Fund.--
(1) Establishment of fund.--The Secretary of the
Treasury is authorized to establish a trust fund, to be
known as the ``Multilateral Semiconductors Security
Fund'' (in this section referred to as the ``Fund''),
consisting of any appropriated funds credited to the
Fund for such purpose.
(2) Reporting requirement.--If the Fund authorized
under subsection (a)(1) is not established, 180 days
after the date of the enactment of this Act and
annually thereafter until such Fund is established, the
Secretary of the Treasury, in coordination with the
Secretary of State, shall provide, in writing, to the
appropriate committees of Congress a rationale for not
establishing the Fund.
(3) Investment of amounts.--
(A) Investment of amounts.--If the Fund
authorized under subsection (a)(1) is
established, the Secretary of the Treasury
shall invest such portion of the Fund as is not
required to meet current withdrawals in
interest-bearing obligations of the United
States or in obligations guaranteed as to both
principal and interest by the United States.
(B) Interest and proceeds.--The interest
on, and the proceeds from the sale or
redemption of, any obligations held in the Fund
shall be credited to and form a part of the
Fund.
(4) Use of fund.--
(A) In general.--Subject to subparagraph
(B), amounts in the Fund shall be available, as
provided in advance in an appropriations Act,
to the Secretary of State--
(i) to provide funding through the
common funding mechanism described in
subsection (b)(1) to support the
development and adoption of measurably
secure semiconductors and measurably
secure semiconductors supply chains;
and
(ii) to otherwise carry out this
section.
(B) Availability contingent on
international arrangement or agreement.--
(i) In general.--Amounts in the
Fund shall be available to the
Secretary of State, subject to
appropriation, on and after the date on
which the Secretary of State enters
into an arrangement or agreement with
the governments of countries that are
partners of the United States to
participate in the common funding
mechanism under paragraph (1) of
subsection (b).
(ii) Consultation.--Before entering
into an arrangement or agreement as
described clause (i), the Secretary of
State, in consultation with the
Secretary of Commerce, shall ensure any
partner government maintains export
control licensing policies on
semiconductor technology substantively
equivalent to the United States with
respect to restrictions on such exports
to the People's Republic of China.
(b) Common Funding Mechanism for Development and Adoption
of Measurably Secure Semiconductors and Measurably Secure
Semiconductors Supply Chains.--
(1) In general.--The Secretary of State, in
consultation with the Secretary of Commerce, the
Secretary of Defense, the Secretary of Homeland
Security, the Secretary of the Treasury, the Secretary
of Energy, and the Director of National Intelligence,
is authorized to establish a common funding mechanism,
in coordination with foreign partners, that uses
amounts from the Fund to support the development and
adoption of secure semiconductors and secure
semiconductors supply chains, including for use in
research and development collaborations among partner
countries participating in the common funding
mechanism. In establishing and sustaining a common
funding mechanism, the Secretary of State should
leverage United States funding in order to secure
contributions and commitments from trusted foreign
partners, including cost sharing and other cooperative
measures leading to the development and adoption of
secure semiconductors and secure microelectronic supply
chains.
(2) Commitments.--In creating and sustaining a
common funding mechanism described in paragraph (1),
the Secretary of State should promote efforts among
foreign partners to--
(A) establish transparency requirements for
any subsidies or other financial benefits
(including revenue foregone) provided to
semiconductors firms located in or outside such
countries;
(B) establish consistent policies with
respect to countries that--
(i) are not participating in the
common funding mechanism; and
(ii) do not meet transparency
requirements established under
subparagraph (A);
(C) promote harmonized treatment of
semiconductors and verification processes for
items being exported to a country considered a
national security risk by a country
participating in the common funding mechanism;
(D) establish consistent policies and
common external policies to address nonmarket
economies as the behavior of such countries
pertains to semiconductors;
(E) align policies on supply chain
integrity and semiconductors security,
including with respect to protection and
enforcement of intellectual property rights;
and
(F) promote harmonized foreign direct
investment screening measures and export
control policies with respect to semiconductors
to align with national, multilateral, and
plurilateral security priorities.
(c) Annual Report to Congress.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter for each fiscal year during which amounts in the
Fund are available under subsection (a)(4), the Secretary of
State shall submit to the appropriate committees of Congress a
report on the status of the implementation of this section that
includes a description of--
(1) any commitments made by the governments of
countries that have entered into an arrangement or
agreement with the United States to provide funding for
the common funding mechanism described in subsection
(b)(1) and the specific amount so committed and other
cooperative measures being taken by such countries as
part of the common funding mechanism;
(2) the criteria established for expenditure of
funds through the common funding mechanism;
(3) how, and to whom, amounts have been expended
from the Fund and a description of progress made
utilizing the Fund to support the objectives described
in subsection (b)(1);
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward
entering into an arrangement or agreement with the
governments of countries that are partners of the
United States to participate in the common funding
mechanism and the commitments described in subsection
(b)(2); and
(6) any additional authorities needed to enhance
the effectiveness of the Fund in achieving the security
goals of the United States.
(d) Notifications to Be Provided by the Fund.--
(1) In general.--Not later than 15 days prior to
the Fund making a financial commitment associated with
the provision of expenditures under subsection
(a)(4)(A) in an amount in excess of $1,000,000, the
Secretary of State shall submit to the appropriate
committees of Congress report in writing that contains
the information required by paragraph (2).
(2) Information required.--The information required
by this subsection includes--
(A) the amount of each such expenditure;
(B) an identification of the recipient or
beneficiary; and
(C) a description of the project or
activity and the purpose to be achieved by an
expenditure of the Fund.
(3) Arrangements or agreements.--The Secretary of
State shall notify the appropriate committees of
Congress not later than 30 days after entering into a
new bilateral or multilateral arrangement or agreement
described in subsection (a)(4)(B).
SEC. 9906. ADVANCED MICROELECTRONICS RESEARCH AND DEVELOPMENT.
(a) Subcommittee on Microelectronics Leadership.--
(1) Establishment required.--The President shall
establish in the National Science and Technology
Council a subcommittee on matters relating to
leadership and competitiveness of the United States in
microelectronics technology and innovation (in this
section referred to as the ``Subcommittee)''.
(2) Membership.--The Subcommittee shall be composed
of the following members:
(A) The Secretary of Defense.
(B) The Secretary of Energy.
(C) The Director of the National Science
Foundation.
(D) The Secretary of Commerce.
(E) The Secretary of State.
(F) The Secretary of Homeland Security.
(G) The United States Trade Representative.
(H) The Director of National Intelligence.
(I) The heads of such other departments and
agencies of the Federal Government as the
President determines appropriate.
(3) Duties.--The duties of the Subcommittee are as
follows:
(A) National strategy on microelectronics
research.--
(i) In general.--In consultation
with the advisory committee established
in (b), and other appropriate
stakeholders in the microelectronics
industry and academia, the Subcommittee
shall develop a national strategy on
microelectronics research, development,
manufacturing, and supply chain
security to--
(I) accelerate the domestic
development and production of
microelectronics and strengthen
the domestic microelectronics
workforce; and
(II) ensure that the United
States is a global leader in
the field of microelectronics
research and development.
(ii) Elements.--The strategy
developed under this subparagraph shall
address--
(I) activities that may be
carried out to strengthen
engagement and outreach between
the Department of Defense and
industry, academia,
international partners of the
United States, and other
departments and agencies of the
Federal Government on issues
relating to microelectronics;
(II) priorities for
research and development to
accelerate the advancement and
adoption of innovative
microelectronics and new uses
of microelectronics and
components;
(III) the role of diplomacy
and trade in maintaining the
position of the United States
as a global leader in the field
of microelectronics;
(IV) the potential role of
a Federal laboratory, center,
or incubator exclusively
focused on the research and
development of
microelectronics, as described
in section 231(b)(15) of the
National Defense Authorization
Act for Fiscal Year 2017 (as
added by section 276 of this
Act) in carrying out the
strategy and plan required
under this subparagraph; and
(V) such other activities
as the Subcommittee determines
may be appropriate to overcome
future challenges to the
innovation, competitiveness,
and supply chain integrity of
the United States in the field
of microelectronics.
(B) Fostering coordination of research and
development.--The Subcommittee shall coordinate
microelectronics related research, development,
manufacturing, and supply chain security
activities and budgets of Federal agencies and
ensure such activities are consistent with the
strategy required under subparagraph (A).
(C) Reporting and updates.--
(i) Progress briefing.--Not later
than one year after the date of the
enactment of this Act, the President
shall provide to the appropriate
committees of Congress a briefing on
the progress of the Subcommittee in
developing the strategy required under
subparagraph (A).
(ii) Strategy update.--Not less
frequently than once every 5 years, the
Subcommittee shall update the strategy
developed under subparagraph (A) and
submit the revised strategy to the
appropriate committees of Congress.
(4) Sunset.--The Subcommittee shall terminate on
the date that is 10 years after the date of the
enactment of this Act.
(b) Industrial Advisory Committee.--
(1) Establishment.--The Secretary of Commerce, in
consultation with the Secretary of Defense, the
Secretary of Energy, and the Secretary of Homeland
Security, shall establish an advisory committee to be
composed of not fewer than 12 members, including
representatives of industry, federal laboratories, and
academic institutions, who are qualified to provide
advice to the United States Government on matters
relating to microelectronics research, development,
manufacturing, and policy.
(2) Duties.--The advisory committee shall assess
and provide guidance to the United States Government
on--
(A) science and technology needs of the
nation's domestic microelectronics industry;
(B) the extent to which the strategy
developed under subsection (a)(3) is helping
maintain United States leadership in
microelectronics manufacturing;
(C) assessment of the research and
development programs and activities authorized
under this section; and
(D) opportunities for new public-private
partnerships to advance microelectronics
research, development, and domestic
manufacturing.
(3) FACA exemption.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory committee established under this
subsection.
(c) National Semiconductor Technology Center.--
(1) Establishment.--Subject to the availability of
appropriations for such purpose, the Secretary of
Commerce, in collaboration with the Secretary of
Defense, shall establish a national semiconductor
technology center to conduct research and prototyping
of advanced semiconductor technology to strengthen the
economic competitiveness and security of the domestic
supply chain. Such center shall be operated as a public
private-sector consortium with participation from the
private sector, the Department of Energy, and the
National Science Foundation.
(2) Functions.--The functions of the center
established under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor
manufacturing, design and packaging research,
and prototyping that strengthens the entire
domestic ecosystem and is aligned with the
strategy required under subsection (a)(3)(A)
with emphasis on the following:
(i) Semiconductor advanced test,
assembly, and packaging capability in
the domestic ecosystem.
(ii) Materials characterization,
instrumentation and testing for next
generation microelectronics.
(iii) Virtualization and automation
of maintenance of semiconductor
machinery.
(iv) Metrology for security and
supply chain verification.
(B) To establish an investment fund, in
partnership with the private sector, to support
startups and collaborations between startups,
academia, established companies, and new
ventures, with the goal of commercializing
innovations that contribute to the domestic
semiconductor ecosystem, including--
(i) advanced metrology and
characterization for manufacturing of
microchips using 3 nanometer transistor
processes or more advanced processes;
and
(ii) metrology for security and
supply chain verification.
(C) To work with the Secretary of Labor,
the Director of the National Science
Foundation, the Secretary of Energy, the
private sector, institutions of higher
education, and workforce training entities to
incentivize and expand participation in
graduate and undergraduate programs, and
develop workforce training programs and
apprenticeships, in advanced microelectronic
design, research, fabrication, and packaging
capabilities.
(d) National Advanced Packaging Manufacturing Program.--
Subject to the availability of appropriations for such purpose,
the Secretary of Commerce shall establish a National Advanced
Packaging Manufacturing Program led by the Director of the
National Institute of Standards and Technology, in coordination
with the national semiconductor technology center established
under subsection (c), to strengthen semiconductor advanced
test, assembly, and packaging capability in the domestic
ecosystem, and which shall coordinate with the Manufacturing
USA institute established under subsection (f), if applicable.
(e) Microelectronics Research at the National Institute of
Standards and Technology.--Subject to the availability of
appropriations for such purpose, the Director of the National
Institute of Standards and Technology shall carry out a
microelectronics research program to enable advances and
breakthroughs in measurement science, standards, material
characterization, instrumentation, testing, and manufacturing
capabilities that will accelerate the underlying research and
development for metrology of next generation microelectronics
and ensure the competitiveness and leadership of the United
States within this sector.
(f) Creation of a Manufacturing USA Institute.--Subject to
the availability of appropriations for such purpose, the
Director of the National Institute of Standards and Technology
may establish a Manufacturing USA institute described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)) that is focused on
semiconductor manufacturing. Such institute may emphasize the
following:
(1) Research to support the virtualization and
automation of maintenance of semiconductor machinery.
(2) Development of new advanced test, assembly and
packaging capabilities.
(3) Developing and deploying educational and skills
training curricula needed to support the industry
sector and ensure the United States can build and
maintain a trusted and predictable talent pipeline.
(g) Domestic Production Requirements.--The head of any
executive agency receiving funding under this section shall
develop policies to require domestic production, to the extent
possible, for any intellectual property resulting from
microelectronics research and development conducted as a result
of such funding and domestic control requirements to protect
any such intellectual property from foreign adversaries.
SEC. 9907. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN.
None of the funds authorized to be appropriated to carry
out this subtitle may be provided to a foreign entity of
concern.
SEC. 9908. DEFENSE PRODUCTION ACT OF 1950 EFFORTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan of action for any use of
authorities available in title III of the Defense Production
Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a
domestic production capability for microelectronics
technologies and related technologies, subject to--
(1) the availability of appropriations for that
purpose; and
(2) a determination made under the plan pursuant to
such title III that such technologies are essential to
the national defense and that domestic industrial
capabilities are insufficient to meet these needs.
(b) Coordination.--The President shall develop the plan of
action required by subsection (a) in consultation with any
relevant head of a Federal agency, an advisory committee
established under section 708(d) of the Defense Production Act
of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in
the private sector.
TITLE C--OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for
educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual property
rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.
SEC. 10001. AMBER ALERT NATIONWIDE.
(a) Cooperation With Department of Homeland Security.--
Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et
seq.) is amended--
(1) in section 301--
(A) in subsection (b)--
(i) in paragraph (1), by inserting
``(including airports, maritime ports,
border crossing areas and checkpoints,
and ports of exit from the United
States)'' after ``gaps in areas of
interstate travel''; and
(ii) in paragraphs (2) and (3), by
inserting ``, territories of the United
States, and tribal governments'' after
``States''; and
(B) in subsection (d), by inserting ``, the
Secretary of Homeland Security,'' after
``Secretary of Transportation''; and
(2) in section 302--
(A) in subsection (b), in paragraphs (2),
(3), and (4) by inserting ``, territorial,
tribal,'' after ``State''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting
``, the Secretary of Homeland
Security,'' after ``Secretary of
Transportation''; and
(ii) in paragraph (2), by inserting
``, territorial, tribal,'' after
``State''.
(b) AMBER Alerts Along Major Transportation Routes.--
(1) In general.--Section 303 of the PROTECT Act (34
U.S.C. 20503) is amended--
(A) in the section heading, by inserting
``and major transportation routes'' after
``along highways'';
(B) in subsection (a)--
(i) by inserting ``(referred to in
this section as the `Secretary')''
after ``Secretary of Transportation'';
and
(ii) by inserting ``and at
airports, maritime ports, border
crossing areas and checkpoints, and
ports of exit from the United States''
after ``along highways'';
(C) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``other
motorist information systems to
notify motorists'' and
inserting ``other information
systems to notify motorists,
aircraft passengers, ship
passengers, and travelers'';
and
(II) by inserting ``,
aircraft passengers, ship
passengers, and travelers''
after ``necessary to notify
motorists''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``other motorist
information systems to notify
motorists'' and inserting
``other information systems to
notify motorists, aircraft
passengers, ship passengers,
and travelers'';
(II) in subparagraph (D),
by inserting ``, aircraft
passengers, ship passengers,
and travelers'' after ``support
the notification of
motorists'';
(III) in subparagraph (E),
by inserting ``, aircraft
passengers, ship passengers,
and travelers'' after
``motorists'', each place it
appears;
(IV) in subparagraph (F),
by inserting ``, aircraft
passengers, ship passengers,
and travelers'' after
``motorists''; and
(V) in subparagraph (G), by
inserting ``, aircraft
passengers, ship passengers,
and travelers'' after
``motorists'';
(D) in subsection (c), by striking ``other
motorist information systems to notify
motorists'', each place it appears, and
inserting ``other information systems to notify
motorists, aircraft passengers, ship
passengers, and travelers'';
(E) by amending subsection (d) to read as
follows:
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph
(2), the Federal share of the cost of any activities
funded by a grant under this section may not exceed 80
percent.
``(2) Waiver.--If the Secretary determines that
American Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, or the Virgin Islands of the United States
is unable to comply with the requirement under
paragraph (1), the Secretary shall waive such
requirement.'';
(F) in subsection (g)--
(i) by striking ``In this section''
and inserting ``In this subtitle''; and
(ii) by striking ``or Puerto Rico''
and inserting ``American Samoa, Guam,
Puerto Rico, the Northern Mariana
Islands, the Virgin Islands of the
United States, and any other territory
of the United States''; and
(G) in subsection (h), by striking ``fiscal
year 2004'' and inserting ``each of fiscal
years 2019 through 2023''.
(2) Technical and conforming amendment.--The table
of contents in section 1(b) of the PROTECT Act (Public
Law 108-21) is amended by striking the item relating to
section 303 and inserting the following:
``Sec. 303. Grant program for notification and communications systems
along highways and major transportation routes for recovery of
abducted children.''.
(c) AMBER Alert Communication Plans in the Territories.--
Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended--
(1) in subsection (b)(4), by inserting ``a
territorial government or'' after ``with'';
(2) by amending subsection (c) to read as follows:
``(c) Federal Share.--
``(1) In general.--Except as provided in paragraph
(2), the Federal share of the cost of any activities
funded by a grant under this section may not exceed 50
percent.
``(2) Waiver.--If the Attorney General determines
that American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, the Virgin Islands of the United
States, or an Indian tribe is unable to comply with the
requirement under paragraph (1), the Attorney General
shall waive such requirement.''; and
(3) in subsection (d), by inserting ``, including
territories of the United States'' before the period at
the end.
(d) Government Accountability Office Report.--
(1) In general.--Not later than 5 years after the
date of the enactment of this Act, the Comptroller
General shall conduct a study assessing--
(A) the implementation of the amendments
made by this Act;
(B) any challenges related to integrating
the territories of the United States into the
AMBER Alert system;
(C) the readiness, educational,
technological, and training needs of
territorial law enforcement agencies in
responding to cases involving missing,
abducted, or exploited children; and
(D) any other related matters the Attorney
General or the Secretary of Transportation
determines appropriate.
(2) Report required.--The Comptroller General shall
submit a report on the findings of the study required
under paragraph (1) to--
(A) the Committee on the Judiciary and the
Committee on Environment and Public Works of
the Senate;
(B) the Committee on the Judiciary and the
Committee on Transportation and Infrastructure
of the House of Representatives; and
(C) each of the delegates or resident
commissioner to the House of Representatives
from American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of
the United States.
(3) Public availability.--The Comptroller General
shall make the report required under paragraph (2)
available on a public Government website.
(4) Obtaining official data.--
(A) In general.--The Comptroller General
may secure information necessary to conduct the
study under paragraph (1) directly from any
Federal agency and from any territorial
government receiving grant funding under the
PROTECT Act. Upon request of the Comptroller
General, the head of a Federal agency or
territorial government shall furnish the
requested information to the Comptroller
General.
(B) Agency records.--Notwithstanding
subparagraph (A), nothing in this subsection
shall require a Federal agency or any
territorial government to produce records
subject to a common law evidentiary privilege.
Records and information shared with the
Comptroller General shall continue to be
subject to withholding under sections 552 and
552a of title 5, United States Code. The
Comptroller General is obligated to give the
information the same level of confidentiality
and protection required of the Federal agency
or territorial government. The Comptroller
General may be requested to sign a
nondisclosure or other agreement as a condition
of gaining access to sensitive or proprietary
data to which the Comptroller General is
entitled.
(C) Privacy of personal information.--The
Comptroller General, and any Federal agency and
any territorial government that provides
information to the Comptroller General, shall
take such actions as are necessary to ensure
the protection of the personal information of a
minor.
SEC. 10002. IMPROVING AUTHORITY FOR OPERATION OF UNMANNED AIRCRAFT FOR
EDUCATIONAL PURPOSES.
Section 350 of the FAA Reauthorization Act of 2018 (Public
Law 115-254; 49 U.S.C. 44809 note) is amended--
(1) in the section heading, by striking ``at
institutions of higher education'' and inserting ``for
educational purposes''; and
(2) in subsection (a)--
(A) by striking ``aircraft system operated
by'' and all that follows and inserting
``aircraft system--''; and
(B) by adding at the end the following new
paragraphs:
``(1) operated by an institution of higher
education for educational or research purposes;
``(2) flown as part of an established Junior
Reserve Officers' Training Corps (JROTC) program for
education or research purposes; or
``(3) flown as part of an educational program that
is chartered by a recognized community-based
organization (as defined in subsection (h) of such
section).''.
SEC. 10003. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS
TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL
PROPERTY RIGHTS OF UNITED STATES ENTITIES.
(a) In General.--During the period beginning on the date
that is 30 days after the date of the enactment of this Act and
ending on September 30, 2023, amounts provided as project
grants under subchapter I of chapter 471 of title 49, United
States Code, may not be used to enter into a contract described
in subsection (b) with any entity on the list required by
subsection (c).
(b) Contract Described.--A contract described in this
subsection is a contract or other agreement for the procurement
of infrastructure or equipment for a passenger boarding bridge
at an airport.
(c) List Required.--
(1) In general.--Not later than 30 days after the
date of enactment of this Act, and thereafter as
required by paragraph (2), the Administrator of the
Federal Aviation Administration shall, based on
information provided by the United States Trade
Representative and the Attorney General, make available
to the public a list of entities making infrastructure
or equipment for a passenger boarding bridge at an
airport that--
(A) are owned, directed, or subsidized by
the People's Republic of China; and
(B) have been determined by a Federal court
to have misappropriated intellectual property
or trade secrets from an entity organized under
the laws of the United States or any
jurisdiction within the United States; or
(C) own or control are owned or controlled
by, are under common ownership or control with,
or are successors to, an entity described in
subparagraph (A).
(2) Updates to list.--The Administrator shall
update the list required by paragraph (1), based on
information provided by the Trade Representative and
the Attorney General--
(A) not less frequently than every 90 days
during the 180-day period following the initial
publication of the list under paragraph (1);
and
(B) not less frequently than annually
thereafter until September 30, 2023.
(d) Definitions.--In this section, the definitions in
section 47102 of title 49, United States Code, shall apply.
SEC. 10004. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN.
The Secretary of Health and Human Services, acting through
the Assistant Secretary for Planning and Evaluation, shall--
(1) conduct a study that examines, for each type or
classification of diabetes (including type 1 diabetes,
type 2 diabetes, gestational diabetes, and other
conditions causing reliance on insulin), the effect of
the affordability of insulin on--
(A) adherence to insulin prescriptions;
(B) rates of diabetic ketoacidosis;
(C) downstream impacts of insulin
adherence, including rates of dialysis
treatment and end-stage renal disease;
(D) spending by Federal health programs on
acute episodes that could have been averted by
adhering to an insulin prescription; and
(E) other factors, as appropriate, to
understand the impacts of insulin affordability
on health outcomes, Federal Government spending
(including under the Medicare program under
title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) and the Medicaid program
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.)), and insured and
uninsured individuals with diabetes; and
(2) not later than 2 years after the date of
enactment of this Act, submit to Congress a report on
the study conducted under paragraph (1).
SEC. 10005. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN
AREA AFFECTED BY HURRICANE MARIA.
(a) Waiver Authority.--Notwithstanding any other provision
of law, unless enacted with specific reference to this section
or section 392 of the Higher Education Act of 1965 (20 U.S.C.
1068a), for any affected institution that was receiving
assistance under title III of such Act (20 U.S.C. 1051 et seq.)
at the time of a covered hurricane disaster, the Secretary of
Education may, for each of the fiscal years 2021 through 2025--
(1) waive--
(A) the eligibility data requirements set
forth in section 391(d) of the Higher Education
Act of 1965 (20 U.S.C. 1068(d));
(B) the wait-out period set forth in
section 313(d) of the Higher Education Act of
1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under
section 324 of the Higher Education Act of 1965
(20 U.S.C. 1063); and
(D) the use of the funding formula
developed pursuant to section 326(f)(3) of the
Higher Education Act of 1965 (20 U.S.C.
1063b(f)(3)); and
(2) waive or modify any statutory or regulatory
provision to ensure that affected institutions that
were receiving assistance under title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.) at the
time of a covered hurricane disaster are not adversely
affected by any formula calculation for fiscal year
2021 or for any of the four succeeding fiscal years, as
necessary.
(b) Definitions.--In this section:
(1) The term ``affected institution'' means an
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that--
(A) is--
(i) a part A institution (which
term shall have the meaning given the
term ``eligible institution'' under
section 312(b) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b))); or
(ii) a part B institution, as such
term is defined in section 322(2) of
the Higher Education Act of 1965 (20
U.S.C. 1061(2)), or as identified in
section 326(e) of such Act (20 U.S.C.
1063b(e));
(B) is located in a covered area affected
by a hurricane disaster; and
(C) is able to demonstrate that, as a
result of the impact of a covered hurricane
disaster, the institution--
(i) incurred physical damage;
(ii) has pursued collateral source
compensation from insurance, the
Federal Emergency Management Agency,
and the Small Business Administration,
as appropriate; and
(iii) was not able to fully reopen
in existing facilities or to fully
reopen to the pre-hurricane enrollment
levels during the 30-day period
beginning on September 7, 2017.
(2) The term ``covered area affected by a hurricane
disaster'' means an area for which the President
declared a major disaster under section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Maria.
(3) The term ``covered hurricane disaster'' means a
major disaster that the President declared to exist, in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), and that was caused by Hurricane Maria or
Hurricane Irma.
SEC. 10006. FARM AND RANCH MENTAL HEALTH.
(a) Public Service Announcement Campaign to Address Farm
and Ranch Mental Health.--
(1) In general.--The Secretary of Agriculture, in
consultation with the Secretary of Health and Human
Services, shall carry out a public service announcement
campaign to address the mental health of farmers and
ranchers.
(2) Requirements.--The public service announcement
campaign under paragraph (1) shall include television,
radio, print, outdoor, and digital public service
announcements.
(3) Contractor.--
(A) In general.--The Secretary of
Agriculture may enter into a contract or other
agreement with a third party to carry out the
public service announcement campaign under
paragraph (1).
(B) Requirement.--In awarding a contract
under subparagraph (A), the Secretary of
Agriculture shall use a competitive bidding
process.
(4) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary of
Agriculture to carry out this subsection $3,000,000, to
remain available until expended.
(b) Employee Training Program to Manage Farmer and Rancher
Stress.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, the Secretary of
Agriculture shall expand the pilot program carried out
by the Secretary of Agriculture in fiscal year 2019
that trained employees of the Farm Service Agency in
the management of stress experienced by farmers and
ranchers, to train employees of the Farm Service
Agency, the Risk Management Agency, and the Natural
Resources Conservation Service in the management of
stress experienced by farmers and ranchers, including
the detection of stress and suicide prevention.
(2) Report.--Not less frequently than once every 2
years, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing the implementation of this subsection.
(c) Task Force for Assessment of Causes of Mental Stress
and Best Practices for Response.--
(1) In general.--The Secretary of Agriculture shall
convene a task force of agricultural and rural
stakeholders at the national, State, and local levels--
(A) to assess the causes of mental stress
in farmers and ranchers; and
(B) to identify best practices for
responding to that mental stress.
(2) Submission of report.--Not later than 1 year
after the date of enactment of this subsection, the
task force convened under paragraph (1) shall submit to
the Secretary of Agriculture a report containing the
assessment and best practices under subparagraphs (A)
and (B), respectively, of paragraph (1).
(3) Collaboration.--In carrying out this
subsection, the task force convened under paragraph (1)
shall collaborate with nongovernmental organizations
and State and local agencies.
(d) Cessation of Authorities.--Any authorities provided
under this section shall cease to be in effect on October 1,
2023.
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, 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.
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 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 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 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 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.
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.
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, 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 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 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 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 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 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 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.
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 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.
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
later than 90 days after the date of the enactment of this Act
the recommendations germane to active shooter or terrorist
attacks 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 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;
(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 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 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 115-232).
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.
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 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 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.
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 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.
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 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 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 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.
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
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 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 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 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;
(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 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, 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 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.
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 health 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 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 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, 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.
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 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.
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 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.
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.
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.
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 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 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.
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.
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
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 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. 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 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
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 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 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 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.
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.
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.
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 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.
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 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 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.
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 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.
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.
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 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.
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 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 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)........................................
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
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
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 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.
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 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 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 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 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.
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.
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 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
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 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).
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 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 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.
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 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.
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.
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
20-48 (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 20-48
(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 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 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
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.
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 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.
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,
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.
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.
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 115-91) 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 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).
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.
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 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 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 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 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.
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 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. 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 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.
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
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
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
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
----------------------------------------------------------------------------------------------------------------
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......................................................
----------------------------------------------------------------------------------------------------------------
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).
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
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]
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.
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
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]
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.
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
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.
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.
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
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
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.
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.
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
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
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.
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.
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.
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
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
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
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
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.
................................ 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.
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.
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).
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
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.
................................ 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
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
................................ 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
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
................................ 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]
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
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]
................................ 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.
................................
................................ 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
................................ 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
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.
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]
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
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.
................................ 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
................................ 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
................................ 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]
................................ 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.
................................ 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.
................................ 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.
................................ 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
................ 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.
----------------------------------------------------------------------------------------------------------------
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...........
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............
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
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
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...
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
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.........
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
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.......
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
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..
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........
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..
----------------------------------------------------------------------------------------------------------------
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
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
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............
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
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............
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......
----------------------------------------------------------------------------------------------------------------
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..
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
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.......
----------------------------------------------------------------------------------------------------------------
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.......
----------------------------------------------------------------------------------------------------------------
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
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
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
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
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
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
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
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
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
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
........................ ...................... ..................................
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2021 Conference Conference
Account State/ Country Installation Project Title Request Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army WORLDWIDE UNSPECIFIED Unspecified EDI: MINOR CONSTRUCTION 3,970 3,970
Worldwide Locations
Army WORLDWIDE UNSPECIFIED Unspecified EDI: PLANNING AND DESIGN 11,903 11,903
Worldwide Locations
Navy SPAIN Rota EDI: EOD BOAT SHOP 31,760 31,760
Navy SPAIN Rota EDI: EXPEDITIONARY MAINTENANCE 27,470 27,470
FACILITY
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING & DESIGN 10,790 10,790
Worldwide Locations
AF GERMANY Ramstein EDI: RAPID AIRFIELD DAMAGE REPAIR 36,345 36,345
STORAGE
AF GERMANY Spangdahlem AB EDI: RAPID AIRFIELD DAMAGE REPAIR 25,824 25,824
STORAGE
AF ROMANIA Campia Turzii EDI: DANGEROUS CARGO PAD 11,000 11,000
AF ROMANIA Campia Turzii EDI: ECAOS DABS-FEV STORAGE 68,000 68,000
COMPLEX
AF ROMANIA Campia Turzii EDI: PARKING APRON 19,500 19,500
AF ROMANIA Campia Turzii EDI: POL INCREASE CAPACITY 32,000 32,000
AF WORLDWIDE UNSPECIFIED Unspecified EDI: UNSPECIFIED MINOR MILITARY 16,400 16,400
Worldwide Locations CONSTRUCTION
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI: PLANNING & DESIGN 54,800 54,800
Locations
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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
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...........................
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
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
----------------------------------------------------------------------------------------------------------------
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 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.
Sec. 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. Sec. 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. Sec. 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.
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 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 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 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 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 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.
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, 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.