[116th Congress Public Law 283]
[From the U.S. Government Publishing Office]
[[Page 3387]]
WILLIAM M. (MAC) THORNBERRY
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2021
<star> (Star Print)
[[Page 134 STAT. 3388]]
Public Law 116-283
116th Congress
An Act
To authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Jan. 1,
2021 - [H.R. 6395]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021.>>
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.
[[Page 134 STAT. 3389]]
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.
[[Page 134 STAT. 3390]]
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.
[[Page 134 STAT. 3391]]
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.
[[Page 134 STAT. 3392]]
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.
[[Page 134 STAT. 3393]]
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.
[[Page 134 STAT. 3394]]
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.
[[Page 134 STAT. 3395]]
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.
[[Page 134 STAT. 3396]]
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.
[[Page 134 STAT. 3397]]
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.
[[Page 134 STAT. 3398]]
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.
[[Page 134 STAT. 3399]]
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.
[[Page 134 STAT. 3400]]
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.
[[Page 134 STAT. 3401]]
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.
[[Page 134 STAT. 3402]]
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.
[[Page 134 STAT. 3403]]
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.
[[Page 134 STAT. 3404]]
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.
[[Page 134 STAT. 3405]]
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.
[[Page 134 STAT. 3406]]
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.
[[Page 134 STAT. 3407]]
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.
[[Page 134 STAT. 3408]]
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.
[[Page 134 STAT. 3409]]
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.
[[Page 134 STAT. 3410]]
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.
[[Page 134 STAT. 3411]]
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.
[[Page 134 STAT. 3412]]
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.
[[Page 134 STAT. 3413]]
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.
[[Page 134 STAT. 3414]]
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.
[[Page 134 STAT. 3415]]
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.
[[Page 134 STAT. 3416]]
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.
[[Page 134 STAT. 3417]]
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.
[[Page 134 STAT. 3418]]
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.
[[Page 134 STAT. 3419]]
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.
[[Page 134 STAT. 3420]]
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.
[[Page 134 STAT. 3421]]
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. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
In <<NOTE: Definition.>> this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
[[Page 134 STAT. 3422]]
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.
[[Page 134 STAT. 3423]]
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) <<NOTE: Deadline. Timeline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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
[[Page 134 STAT. 3424]]
``(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) <<NOTE: Strategy. Cost estimate.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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).
[[Page 134 STAT. 3425]]
(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) <<NOTE: Mitigation plan.>> 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) <<NOTE: Review. Analysis.>> 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) <<NOTE: Implementation plan.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Requirement.>> 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).
[[Page 134 STAT. 3426]]
(d) Limitation on Contract Award or Funding.--
(1) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Approval.>> Limitation on Deviation From Strategy.--The
Secretary of the Navy may not deviate from the strategy submitted under
subsection (a) until--
(1) <<NOTE: Consultation.>> 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.
[[Page 134 STAT. 3427]]
(b) <<NOTE: Deadline.>> 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. <<NOTE: Cost estimates.>>
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.
[[Page 134 STAT. 3428]]
(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. <<NOTE: 10 USC 221 note.>> 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
[[Page 134 STAT. 3429]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation. Determination. Reports.>> 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.
[[Page 134 STAT. 3430]]
(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. <<NOTE: 10 USC 9062 note.>> MODIFICATION OF FORCE
STRUCTURE OBJECTIVES FOR BOMBER AIRCRAFT.
(a) Minimum Level for All Bomber Aircraft.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Reports. Recommenda- tions.>> 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--
[[Page 134 STAT. 3431]]
(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) <<NOTE: Classified information.>> Form.--The report under
subsection (a) shall be submitted in unclassified form, but may include
a classified annex.
(d) <<NOTE: Public information.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Time periods.>> 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.
[[Page 134 STAT. 3432]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification. Deadline.>> 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) <<NOTE: Approval.>> 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) <<NOTE: Deadline. Records.>> 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 <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3433]]
(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) <<NOTE: Determinations. Analyses. Certifications.>> 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) <<NOTE: Certification.>> 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)--
[[Page 134 STAT. 3434]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Consultation. Strategy. Implementation plan.>>
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) <<NOTE: Classified information.>> 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) <<NOTE: Analyses.>> Elements.--The plan required by
paragraph (1) shall include the following:
(A) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 3435]]
(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) <<NOTE: Strategy.>> a strategy for carrying out
such plan through fiscal year 2030.
(2) <<NOTE: Classified information.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Transfer authority.>> 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. <<NOTE: Nevada.>> 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.
[[Page 134 STAT. 3436]]
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. <<NOTE: Deadline. Implementation
strategy.>> Not later than February 1, 2021, the Secretary shall submit
to the congressional defense committees an implementation strategy for
the solution.
SEC. 146. <<NOTE: Deadlines.>> ANALYSIS OF MOVING TARGET
INDICATOR REQUIREMENTS AND ADVANCED BATTLE
MANAGEMENT SYSTEM CAPABILITIES.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Briefing.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3437]]
(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. <<NOTE: 10 USC 231a.>> Budgeting for life-cycle
costs of aircraft for the Army, Navy, and Air
Force: annual plan and certification
``(a) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3438]]
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) <<NOTE: Time period.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 3439]]
``(4) <<NOTE: Classified information.>> Each annual aircraft
procurement plan shall be submitted in unclassified form, and shall
contain a classified <<NOTE: Summary. Public information.>> 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.''.
[[Page 134 STAT. 3440]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title <<NOTE: 10 USC 221 prec.>> 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. <<NOTE: Deadlines. Time periods. 10 USC 113 note.>>
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) <<NOTE: Analysis.>> The analysis conducted to
determine the electromagnetic spectrum operations
organization, including the input in the plan or
analysis of the results of consultation
[[Page 134 STAT. 3441]]
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.
[[Page 134 STAT. 3442]]
(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. <<NOTE: 10 USC 142 note.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3443]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 3444]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Timelines.>> Projected timelines
for development, procurement, and fielding of
needed capabilities to defend
[[Page 134 STAT. 3445]]
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) <<NOTE: Risk assessment.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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).
[[Page 134 STAT. 3446]]
(c) Secretary of the Military Department Briefings on Response to
IAMD Assessment.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Timelines.>> 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
[[Page 134 STAT. 3447]]
a functional capability and capacity to meet the
requirements of the combatant commands.
SEC. 156. <<NOTE: 10 USC 2859 note.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3448]]
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) <<NOTE: Certification.>> 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) <<NOTE: Cost analysis.>> 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) <<NOTE: Reports.>> All reports required by section 167
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1250).
(4) <<NOTE: Cost estimate.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Reports.>> The following reports for the F-35
aircraft program, as prepared by the Director of Operational
Test and Evaluation:
[[Page 134 STAT. 3449]]
(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) <<NOTE: Mitigation strategy. Implementation plan.>> 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) <<NOTE: Certification.>> A certification that the F-35A
aircraft meets required mission reliability performance using an
average sortie duration of 2 hours and 30 minutes.
(10) <<NOTE: Certification.>> 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) <<NOTE: List.>> 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) <<NOTE: Cost estimate.>> 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. <<NOTE: Coordination. Certification.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Implementation plan. Assessment.>> 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
[[Page 134 STAT. 3450]]
costs of designing, procuring, and fielding the F-35 Operational
Data Integrated Network system.
(b) <<NOTE: Effective date.>> 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 <<NOTE: Consultation.>> 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) <<NOTE: List.>> 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.
[[Page 134 STAT. 3451]]
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) <<NOTE: Plan.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 3452]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 3453]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3454]]
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.
[[Page 134 STAT. 3455]]
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) <<NOTE: Determination.>> 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) <<NOTE: Definition.>> For purposes of this subsection, the
term `cost' means the total value of cash and non-cash contributions.''.
[[Page 134 STAT. 3456]]
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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 2351 prec.>> is
amended by adding at the end the following new item:
``2374b. Disclosure requirements for recipients of research and
development funds.''.
(b) <<NOTE: 10 USC 2374b note.>> 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
[[Page 134 STAT. 3457]]
``(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) <<NOTE: Deadline.>> 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'';
[[Page 134 STAT. 3458]]
(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) <<NOTE: List.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 3459]]
``(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) <<NOTE: Appointments.>> 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) <<NOTE: Deadline. Time period.>> Briefings to
congress.--Not later than 180 days after the date of the
enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, and not less frequently
than once every 180 days thereafter, the Directed Energy Working
Group shall provide to the congressional defense committees a
briefing on the progress of each directed energy program that is
being adopted or fielded by the Department of Defense.
``(7) Termination.--The Directed Energy Working Group
established under this subsection shall terminate 4 years after
the date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021.''.
[[Page 134 STAT. 3460]]
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) <<NOTE: Reports.>> 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) <<NOTE: 10 USC 2358 note.>> 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) <<NOTE: 10 USC 4001 note.>> 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--
[[Page 134 STAT. 3461]]
(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) <<NOTE: Public information. Classified information.>>
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
[[Page 134 STAT. 3462]]
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:
[[Page 134 STAT. 3463]]
``(6) Coordinate with relevant stakeholders and agencies to
support the technological advantage of the United States in
developing hypersonic systems.''.
SEC. 218. <<NOTE: 10 USC 8013 note.>> EXECUTIVE AGENT FOR
AUTONOMY.
(a) <<NOTE: Deadline. Designation.>> 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. <<NOTE: 10 USC 4811 note.>> 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.
[[Page 134 STAT. 3464]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4001 note.>> 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,
[[Page 134 STAT. 3465]]
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--
[[Page 134 STAT. 3466]]
(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) <<NOTE: Consultation. Plans.>> 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
[[Page 134 STAT. 3467]]
(iii) and the ability of such advances and
innovations to enhance the efficiency and
effectiveness of the Department; and
(4) <<NOTE: Memorandums. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Classified information.>> 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.--
[[Page 134 STAT. 3468]]
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 134 STAT. 3469]]
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) <<NOTE: Timeline.>> a timeline for the
technical maturation of such product line capabilities;
and
(C) <<NOTE: Schedule.>> 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.-- <<NOTE: Classified information.>> 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. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Deadline. Consultation. Time period.>> 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-
[[Page 134 STAT. 3470]]
breathing hypersonic weapons capabilities within the period of three
years following such date of enactment.
(d) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 42 USC 6605.>> 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) <<NOTE: Certification.>> certify that the
disclosure is current, accurate, and complete; and
(C) <<NOTE: Update.>> 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.
[[Page 134 STAT. 3471]]
(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
[[Page 134 STAT. 3472]]
(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. <<NOTE: 10 USC 4571 note.>> GOVERNANCE OF FIFTH-
GENERATION WIRELESS NETWORKING IN THE
DEPARTMENT OF DEFENSE.
(a) Transition of 5G Wireless Networking to Operational Use.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: Timeline.>> A timeline for the
transition of responsibility for 5G wireless networking
to the Chief Information Officer, as required under
subsection (b)(1).
(B) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> Interim briefing.--Not later than
March 31, 2021 the Secretary of Defense shall provide to the
congressional
[[Page 134 STAT. 3473]]
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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3474]]
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). <<NOTE: Effective date.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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;
[[Page 134 STAT. 3475]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> a comprehensive
assessment of the findings and conclusions of the
program under paragraph (1);
(B) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 4571 note.>> 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
[[Page 134 STAT. 3476]]
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. <<NOTE: 10 USC 4001 note.>> 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.
[[Page 134 STAT. 3477]]
(d) <<NOTE: Deadline.>> 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) <<NOTE: Reports. Certification.>> 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) <<NOTE: Risk assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3478]]
such covered vessel that cannot otherwise be met through
further land-based subsystem prototyping or other
demonstration approaches.
(d) Limitation on Weapon Integration.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Compliance.>> will comply with
applicable laws, including the law of armed conflict,
with a detailed explanation of how such compliance will
be achieved; and
(B) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimates.>> Estimated research,
development, test, and evaluation cost of baseline and
each alternative.
(I) <<NOTE: Cost estimates.>> Estimated lead vessel
and average follow-on vessel procurement costs of
baseline and each alternative.
(J) Life-cycle costs of baseline and each
alternative.
[[Page 134 STAT. 3479]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments. Time period.>> 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) <<NOTE: Evaluation.>> 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--
[[Page 134 STAT. 3480]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Time period. Updates. Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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;
[[Page 134 STAT. 3481]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> determines
that the Director should continue to report to
Deputy Secretary without intervening authority;
and
``(ii) <<NOTE: Notice.>> transmits notice of
such determination to the congressional defense
committees.
[[Page 134 STAT. 3482]]
``(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) <<NOTE: Deadline. Regulations.>> 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
[[Page 134 STAT. 3483]]
dated June 27, 2018, and titled `Establishment of the Joint Artificial
Intelligence Center', or any successor to such Center.''.
SEC. 233. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 113 note.>> 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
[[Page 134 STAT. 3484]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3485]]
(b) Briefing Required.--
(1) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4001 note.>> 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--
[[Page 134 STAT. 3486]]
(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. <<NOTE: 10 USC 501 note prec.>> MEASURING AND
INCENTIVIZING PROGRAMMING PROFICIENCY.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Update. Records.>> 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
[[Page 134 STAT. 3487]]
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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 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) <<NOTE: Certification.>> 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 <<NOTE: 10 USC 1580
prec.>> is amended by inserting
[[Page 134 STAT. 3488]]
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
[[Page 134 STAT. 3489]]
(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. <<NOTE: 10 USC 2191 note prec.>> ENCOURAGEMENT OF
CONTRACTOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS (STEM)
PROGRAMS.
(a) <<NOTE: Coordination.>> 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;
[[Page 134 STAT. 3490]]
(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) <<NOTE: Procedures.>> 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) <<NOTE: Reports.>> 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. <<NOTE: 10 USC 2001 note prec.>> TRAINING PROGRAM FOR
HUMAN RESOURCES PERSONNEL IN BEST
PRACTICES FOR TECHNICAL WORKFORCE.
(a) Pilot Training Program.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> 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;
[[Page 134 STAT. 3491]]
(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. <<NOTE: 10 USC 1580 note prec.>> PILOT PROGRAM ON THE
USE OF ELECTRONIC PORTFOLIOS TO EVALUATE
CERTAIN APPLICANTS FOR TECHNICAL
POSITIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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;
[[Page 134 STAT. 3492]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> recommend whether the use
of electronic portfolios in the hiring process should be
expanded or made permanent; and
(5) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2001 note prec.>> PILOT PROGRAM ON SELF-
DIRECTED TRAINING IN ADVANCED
TECHNOLOGIES.
(a) <<NOTE: List.>> 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
[[Page 134 STAT. 3493]]
(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. <<NOTE: 10 USC 4001 note.>> PART-TIME AND TERM
EMPLOYMENT OF UNIVERSITY FACULTY AND
STUDENTS IN THE DEFENSE SCIENCE AND
TECHNOLOGY ENTERPRISE.
(a) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3494]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: Referral bonuses.>> 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
[[Page 134 STAT. 3495]]
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. <<NOTE: 10 USC 2192a note.>> 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) <<NOTE: Evaluation.>> evaluate the potential for new
programs, fellowships, and other activities at historically
Black colleges or universities
[[Page 134 STAT. 3496]]
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. <<NOTE: 10 USC 1580 note prec.>> 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) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Analyses.>> 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.
[[Page 134 STAT. 3497]]
(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. <<NOTE: 15 USC 9301.>> NATIONAL COORDINATING ENTITY FOR
SUSTAINABLE CHEMISTRY.
(a) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3498]]
(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. <<NOTE: 15 USC 9302.>> STRATEGIC PLAN FOR SUSTAINABLE
CHEMISTRY.
(a) <<NOTE: Deadline.>> Strategic Plan.--Not later than 2 years
after the date of the enactment of this subtitle, the Entity shall--
(1) <<NOTE: Consultation. Update.>> 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) <<NOTE: Assessment.>> develop a working framework of
attributes characterizing, and metrics for assessing,
sustainable chemistry, as described in subsection (b);
(3) <<NOTE: Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Review.>> 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
[[Page 134 STAT. 3499]]
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) <<NOTE: Summary.>> a summary of federally
funded sustainable chemistry research, development,
demonstration, technology transfer, commercialization,
education, and training activities;
(B) <<NOTE: Summary.>> a summary of the financial
resources allocated to sustainable chemistry initiatives
by each participating agency;
(C) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> an analysis of the progress
made toward achieving the goals and priorities of this
subtitle, and recommendations for future program
activities;
(E) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> an evaluation of
duplicative Federal funding and duplicative Federal
research in sustainable chemistry, efforts undertaken by
the Entity to eliminate duplicative
[[Page 134 STAT. 3500]]
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. <<NOTE: 15 USC 9303.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3501]]
opportunities for professionals including teachers,
faculty, and individuals involved in laboratory research
(product development, materials specification and
testing, life cycle analysis, and management);
(4) <<NOTE: Examination. Consultation. Assessments.>> 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. <<NOTE: 15 USC 9304.>> 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
[[Page 134 STAT. 3502]]
(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. <<NOTE: 15 USC 9305.>> 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. <<NOTE: 15 USC 9306.>> 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) <<NOTE: Definition.>> 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--
[[Page 134 STAT. 3503]]
(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) <<NOTE: Summary.>> A summary of changes to the
assessment provided in the most recent quadrennial strategic
plan.
``(ii) <<NOTE: Recommenda- tions.>> 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.''.
[[Page 134 STAT. 3504]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> A plan for increasing
commercialization of intellectual property developed by the
Department of Defense for commercial microelectronics research
and development.
``(15) <<NOTE: Assessment.>> An assessment of the
feasibility, usefulness, efficacy, and cost of--
[[Page 134 STAT. 3505]]
``(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) <<NOTE: Analysis.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Deadline. Strategy. Recommenda- tions. Budget
estimate.>> 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.
[[Page 134 STAT. 3506]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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).
[[Page 134 STAT. 3507]]
(2) Form.--The report submitted under paragraph (1) shall be
submitted in the following formats--
(A) <<NOTE: Classified information.>> unclassified
form, which may include a classified annex; and
(B) <<NOTE: Public information.>> 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) <<NOTE: Consultation.>> 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.--
[[Page 134 STAT. 3508]]
(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) <<NOTE: Examinations.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> any other findings
and recommendations of the study.
(b) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> Elements.--(A) The reviews under
paragraphs (1)(A) and (1)(B) shall include an assessment of--
[[Page 134 STAT. 3509]]
(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) <<NOTE: Recommenda- tions.>> 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.
<<NOTE: Deadline.>> 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) <<NOTE: Briefing.>> 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.
[[Page 134 STAT. 3510]]
(2) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Risk assessment.>> 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) <<NOTE: List. Recommenda- tions.>> A list of
findings and recommendations relating to policies that
can be implemented by the United States,
[[Page 134 STAT. 3511]]
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) <<NOTE: Public information. Web posting.>> make
available to the public on a publicly accessible website
a version of report that is suitable for public viewing.
(2) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3512]]
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.
[[Page 134 STAT. 3513]]
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) <<NOTE: Notification.>> 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) <<NOTE: Effective date. 10 USC 2684a note.>>
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.
[[Page 134 STAT. 3514]]
(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) <<NOTE: Notice.>> 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. <<NOTE: Determination.>> 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) <<NOTE: 133 Stat. 1310.>> 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--
[[Page 134 STAT. 3515]]
(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) <<NOTE: Determinations.>> Location of Projects.--Projects
carried out pursuant to this section may be carried out--
``(1) on a military installation;
``(2) <<NOTE: District of Columbia. Territories.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Cost estimate.>> the current estimate of the
cost of the project;
``(B) the source of funds for the project; and
``(C) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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 <<NOTE: 10 USC
2684a.>> 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;
[[Page 134 STAT. 3516]]
(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. <<NOTE: 10 USC 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) <<NOTE: Standards.>> 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) <<NOTE: Requirement.>> 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.
[[Page 134 STAT. 3517]]
``(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) <<NOTE: Requirements. Data. Compliance.>> 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) <<NOTE: Assessments. Evaluations.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Verification. Compliance.>> specify methods
and processes to measure, manage, and verify compliance with
subsection (a); and
[[Page 134 STAT. 3518]]
``(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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3519]]
``(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 <<NOTE: 10 USC 2911 prec.>>
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. <<NOTE: Deadlines. 10 USC 2712.>> Reporting on usage
and spills of aqueous film-forming foam
``(a) <<NOTE: Notice.>> 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) <<NOTE: Summary.>> 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 <<NOTE: 10 USC 2700 prec.>> is amended by adding at the
end the following new item:
``2712. Reporting on usage and spills of aqueous film-forming foam.''.
[[Page 134 STAT. 3520]]
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. <<NOTE: 10 USC 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) <<NOTE: Cost estimates.>> Development of mitigation
options for such environmental effects, including development of
cost-to-complete estimates and a system for prioritizing
mitigation actions.
``(3) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3521]]
``(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 <<NOTE: 10 USC 2700
prec.>> 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) <<NOTE: Deadline. Coordination. Criteria.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2922 note prec.>> PILOT PROGRAM ON
ALTERNATIVE FUEL VEHICLE PURCHASING.
(a) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3522]]
(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. <<NOTE: 10 USC 221 note.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Classified information.>> Form of Report.--The report
required under this section shall be submitted in unclassified form, but
may contain a classified annex.
[[Page 134 STAT. 3523]]
SEC. 324. <<NOTE: 10 USC 2911 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3524]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3525]]
SEC. 326. <<NOTE: Contracts. Certification. Russia.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Strategy. Implementation plan.>> 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
[[Page 134 STAT. 3526]]
(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
[[Page 134 STAT. 3527]]
(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) <<NOTE: Data. Analysis.>> 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) <<NOTE: Classified information.>> Form.--The update to the
adaptation roadmap required under subsection (a) shall be submitted in
an unclassified form, but may contain a classified
annex. <<NOTE: Determination. Briefing. Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Classified information.>> Form of Report.--The report
required under this section shall be submitted in unclassified form, but
may contain a classified annex.
SEC. 329. <<NOTE: 16 USC 1536 note.>> OBJECTIVES, PERFORMANCE
STANDARDS, AND CRITERIA FOR USE OF
WILDLIFE CONSERVATION BANKING PROGRAMS.
(a) <<NOTE: Regulations.>> 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) <<NOTE: Publication. Notice.>> 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.
[[Page 134 STAT. 3528]]
SEC. 330. <<NOTE: 10 USC 2661 note prec.>> 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) <<NOTE: Applicability. Approval.>> 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) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall provide the
congressional defense
[[Page 134 STAT. 3529]]
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) <<NOTE: List.>> 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. <<NOTE: 15 USC 8963.>> 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) <<NOTE: Deadline. Public information. Strategic
plan. Update. Time period.>> 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
[[Page 134 STAT. 3530]]
funding associated with such research and development
during the current fiscal year, disaggregated by agency;
(B) <<NOTE: Time period.>> 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) <<NOTE: Implementation plan.>> 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.
[[Page 134 STAT. 3531]]
SEC. 333. <<NOTE: 10 USC 3062 note.>> 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. <<NOTE: 10 USC 2661 note prec.>> RESEARCH AND
DEVELOPMENT OF ALTERNATIVE TO AQUEOUS
FILM-FORMING FOAM.
(a) <<NOTE: Consultation. Grants.>> 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) <<NOTE: Guidelines.>> 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.
[[Page 134 STAT. 3532]]
SEC. 335. <<NOTE: 10 USC 2701 note.>> NOTIFICATION TO
AGRICULTURAL OPERATIONS LOCATED IN AREAS
EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 3533]]
(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) <<NOTE: 10 USC 2925 note.>> 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. <<NOTE: Guaranteeing Equipment Safety for
Firefighters Act of 2020. 15 USC 8963
note.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Examination.>> 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
[[Page 134 STAT. 3534]]
``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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Proposal.>> 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;
[[Page 134 STAT. 3535]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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:
[[Page 134 STAT. 3536]]
``Sec. 118a. <<NOTE: 10 USC 118a.>> National Defense Sustainment
and Logistics Review
``(a) <<NOTE: Time periods.>> 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'. <<NOTE: Consultation.>> 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). <<NOTE: Assessments.>> 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
[[Page 134 STAT. 3537]]
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) <<NOTE: Consultation. Recommenda- tions.>> 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) <<NOTE: Classified information.>> The report required under
this subsection shall be submitted in classified form and shall include
an unclassified summary.
``(c) <<NOTE: Reports. Assessments.>> 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 <<NOTE: 10 USC 111 prec.>> is amended by inserting after
the item relating to section 118 the following new item:
``118a. National Defense Sustainment and Logistics Review.''.
(c) <<NOTE: 10 USC 118a note.>> 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.
[[Page 134 STAT. 3538]]
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) <<NOTE: 133 Stat. 1327.>> 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) <<NOTE: Appointments.>> 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
[[Page 134 STAT. 3539]]
(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) <<NOTE: Recommenda- tions.>> Report.--
(1) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Expiration date.>> 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
[[Page 134 STAT. 3540]]
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) <<NOTE: Time period.>> 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) <<NOTE: List. Time period.>> 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) <<NOTE: Estimate.>> 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--
[[Page 134 STAT. 3541]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Time period. Review.>> 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, <<NOTE: 10 USC 111 prec.>>
is amended
[[Page 134 STAT. 3542]]
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.
[[Page 134 STAT. 3543]]
``(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) <<NOTE: Time period.>> Meetings.--(1) The explosive safety
board shall meet not less frequently than quarterly.
``(2) <<NOTE: Reports.>> 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) <<NOTE: 10 USC 172 note.>> 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) <<NOTE: Certification.>> 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
[[Page 134 STAT. 3544]]
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) <<NOTE: Coordination.>> 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. <<NOTE: Assessments.>> 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
[[Page 134 STAT. 3545]]
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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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. <<NOTE: Time period.>> Each such report shall
[[Page 134 STAT. 3546]]
include each of the following for the year covered by the report and
each of the preceding 3 years:
(1) <<NOTE: List. Exemptions. Certifications.>> 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) <<NOTE: Summary.>> a summary of the
justification used for providing the waiver, exemption,
or certification;
(C) <<NOTE: Time period.>> 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) <<NOTE: List.>> 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) <<NOTE: List. Summary.>> 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. <<NOTE: 10 USC 771 note prec.>> PILOT PROGRAM FOR
TEMPORARY ISSUANCE OF MATERNITY-RELATED
UNIFORM ITEMS.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Coordination. Determination.>> 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
[[Page 134 STAT. 3547]]
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) <<NOTE: Coordination. Regulations.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Cost overview.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 7771 note prec.>> SERVICEWOMEN'S
COMMEMORATIVE PARTNERSHIPS.
(a) <<NOTE: Contracts. Grants.>> 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. <<NOTE: 6 USC 105.>> 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).
[[Page 134 STAT. 3548]]
(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) <<NOTE: Consultation.>> 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. <<NOTE: 6 USC 106.>> UPDATE OF NATIONAL BIODEFENSE
IMPLEMENTATION PLAN.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Procedures.>> 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
[[Page 134 STAT. 3549]]
Biodefense Strategy and metrics for meeting each objective of
the Strategy.
(c) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Briefings.>> 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.
[[Page 134 STAT. 3550]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Procedures.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3551]]
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) <<NOTE: Recommenda- tions.>> Any
recommendations resulting from the exercise.
(v) The actions taken, if any, to implement
such recommendations.
(C) Inclusion in annual budget submission.--
(i) <<NOTE: Summary.>> 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
[[Page 134 STAT. 3552]]
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. <<NOTE: Deadline. 10 USC 2672 note.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 2251 note prec.>> CLARIFICATION OF FOOD
INGREDIENT REQUIREMENTS FOR FOOD OR
BEVERAGES PROVIDED BY THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: Federal Register, publication. Notice. Public
comment.>> 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.
[[Page 134 STAT. 3553]]
(2) Contact information for the appropriate office at the
Department of Defense.
(3) <<NOTE: Summary.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 113 note.>> 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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Establishment.>> 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--
[[Page 134 STAT. 3554]]
(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) <<NOTE: Appointments.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> A list of assets to be removed or
renamed.
(2) <<NOTE: Costs.>> Costs associated with the removal or
renaming of assets in subsection (g)(1).
(3) <<NOTE: Criteria. Requirements.>> 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.--
[[Page 134 STAT. 3555]]
(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'';
[[Page 134 STAT. 3556]]
(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 <<NOTE: 10 USC 671 prec.>> 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 <<NOTE: 10 USC 501 prec.>> 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--
[[Page 134 STAT. 3557]]
(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:
[[Page 134 STAT. 3558]]
(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) <<NOTE: Applicability. 10 USC 115 note.>> Effective Date.--The
amendments made by subsection (a) shall take effect on the day after the
date of the enactment of this Act. <<NOTE: Applicability.>> 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.
[[Page 134 STAT. 3559]]
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.
[[Page 134 STAT. 3560]]
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.
[[Page 134 STAT. 3561]]
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.
[[Page 134 STAT. 3562]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Study.>> 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
[[Page 134 STAT. 3563]]
the military departments and the Chairman of the Joint Chiefs of
Staff.
(3) <<NOTE: Recommenda- tions.>> Elements.--The report
required by paragraph (1) shall include the following:
(A) <<NOTE: Plan.>> 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) <<NOTE: 10 USC 526 note.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 134 STAT. 3564]]
(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) <<NOTE: 10 USC 533 note.>> Annual Report.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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.''.
[[Page 134 STAT. 3565]]
(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) <<NOTE: 10 USC 573 note.>> 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) <<NOTE: Applicability. 10 USC 616 note.>> 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. <<NOTE: 10 USC 625a.>> Special selection review
boards
``(a) <<NOTE: Determination. Recommenda- tions.>> 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.
[[Page 134 STAT. 3566]]
``(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) <<NOTE: Classified information. Summary.>> 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
[[Page 134 STAT. 3567]]
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) <<NOTE: Waiver authority.>> 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) <<NOTE: Records.>> 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) <<NOTE: Records.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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
[[Page 134 STAT. 3568]]
apply to the report and proceedings of a promotion board convened under
section 611(a) of this title.
``(f) Appointment of Persons.--(1) <<NOTE: President.>> 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. <<NOTE: Applicability.>> Such
regulations shall apply uniformly across the military departments.
``(2) <<NOTE: Approval.>> 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 <<NOTE: 10 USC 627 prec.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3569]]
(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. <<NOTE: 10 USC 14502a.>> Special selection review
boards
``(a) In General.--(1) <<NOTE: Determination. Recommenda- tions.>>
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
[[Page 134 STAT. 3570]]
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) <<NOTE: Classified information. Summary.>> 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) <<NOTE: Waiver authority.>> 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
[[Page 134 STAT. 3571]]
standards used by the promotion board that recommended the person for
promotion.
``(4) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: President.>> 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. <<NOTE: Applicability.>> Such
regulations shall apply uniformly across the military departments.
``(2) <<NOTE: Approval.>> 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 <<NOTE: 10 USC 14501
prec.>> is amended by inserting
[[Page 134 STAT. 3572]]
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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 615 note.>> 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.
[[Page 134 STAT. 3573]]
``(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''.
[[Page 134 STAT. 3574]]
(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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 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.
[[Page 134 STAT. 3575]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 3576]]
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) <<NOTE: President. Deadline.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3577]]
``(c) Officers in O-9 and O-10 Grades.--
``(1) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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) <<NOTE: Determination.>> 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--
[[Page 134 STAT. 3578]]
``(A) <<NOTE: Determination.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Effective dates.>> 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
[[Page 134 STAT. 3579]]
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) <<NOTE: Regulations.>> 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
[[Page 134 STAT. 3580]]
``(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) <<NOTE: President.>> 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 <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 1370a.>> Officers entitled to
retired pay for non-regular service
``(a) <<NOTE: Determination.>> 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,
[[Page 134 STAT. 3581]]
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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> Service-in-grade Requirement for
Offices in Grades Above O-4.--
``(1) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3582]]
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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3583]]
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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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
[[Page 134 STAT. 3584]]
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, <<NOTE: 10 USC 1370 prec.>> 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:
[[Page 134 STAT. 3585]]
(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) <<NOTE: 10 USC 1370 note.>> 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)).
[[Page 134 STAT. 3586]]
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 <<NOTE: 10 USC 8132 prec.>> 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) <<NOTE: Determinations.>> Elements.--The elements of
the review shall include the following:
(A) <<NOTE: Time period.>> 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).
[[Page 134 STAT. 3587]]
(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. <<NOTE: 10 USC 2036.>> Grants to support science,
technology, engineering, and mathematics
education
``(a) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3588]]
``(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 <<NOTE: 10 USC 2031
prec.>> 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).
[[Page 134 STAT. 3589]]
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) <<NOTE: 10 USC 16301 note.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Time period.>> A person may not be
credited more than 35 points in a one-year period under
this subparagraph.
``(iii) <<NOTE: Definition.>> 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.
[[Page 134 STAT. 3590]]
(B) The number of individuals granted credit as a
result of another extenuating circumstance.
(3) <<NOTE: Deadline.>> Publication.--Not later than 30
days after submitting the report under paragraph (1), the
Secretary shall--
(A) <<NOTE: Public information. Web posting.>>
publish the report on a publicly accessible website of
the Department of Defense; and
(B) <<NOTE: Data.>> ensure that any data in the
report is made available in a machine-readable format
that is downloadable, searchable, and sortable.
SEC. 517. <<NOTE: 10 USC 12301 note.>> QUARANTINE LODGING FOR
MEMBERS OF THE RESERVE COMPONENTS WHO
PERFORM CERTAIN SERVICE IN RESPONSE TO THE
COVID-19 EMERGENCY.
(a) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 10101 note.>> 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;
[[Page 134 STAT. 3591]]
(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. <<NOTE: Coordination.>> The Secretary shall prepare the
report in coordination with the Chief of the National Guard
Bureau.
(2) <<NOTE: Assessments.>> 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. <<NOTE: 10 USC 2101 note.>> PILOT PROGRAMS AUTHORIZED
IN CONNECTION WITH SROTC UNITS AND CSPI
PROGRAMS AT HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES AND MINORITY
INSTITUTIONS.
(a) <<NOTE: Assessments.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3592]]
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) <<NOTE: Requirements.>> 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
[[Page 134 STAT. 3593]]
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
[[Page 134 STAT. 3594]]
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) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> An assessment of the
effectiveness of each pilot program.
(C) <<NOTE: Cost estimate.>> A description of the
cost of each pilot program, and an estimate of the cost
of making each pilot program permanent.
(D) <<NOTE: Cost estimate.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 3595]]
(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) <<NOTE: Estimate.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Data.>> a review of data regarding the
frequency and speed of such authorizations during fiscal
years 2015 through 2020; and
[[Page 134 STAT. 3596]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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).
[[Page 134 STAT. 3597]]
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. <<NOTE: 10 USC 1563a.>> Honorary promotions on the
initiative of the Department of Defense
``(a) In General.--(1) <<NOTE: Regulations. Determination.>> 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.
[[Page 134 STAT. 3598]]
``(2) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(b) <<NOTE: Time period. Determination.>> 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) <<NOTE: Regulations.>> 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.
[[Page 134 STAT. 3599]]
``(2) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 1561 prec.>> 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. <<NOTE: Regulations.>> EXCLUSION OF OFFICIAL
PHOTOGRAPHS OF MEMBERS FROM RECORDS
FURNISHED TO PROMOTION SELECTION BOARDS.
(a) <<NOTE: 10 USC 615 note.>> 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) <<NOTE: 10 USC 615 note.>> 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) <<NOTE: 10 USC 615 note.>> 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) <<NOTE: Consultation. Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 3600]]
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) <<NOTE: Implementation plan.>> 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) <<NOTE: Costs.>> The cost of implementing such
changes.
(C) <<NOTE: Timeline. Deadline.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3601]]
(c) <<NOTE: Deadline. Public information. Web posting.>>
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) <<NOTE: Applicability. 10 USC 673 note.>> 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. <<NOTE: 10 USC 1561b.>> Confidential reporting of
sexual harassment
``(a) <<NOTE: Regulations.>> 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--
[[Page 134 STAT. 3602]]
``(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) <<NOTE: Time periods. Data.>> 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 <<NOTE: 10 USC 1561
prec.>> is amended by inserting after the item relating to
section 1561b the following new item: <<NOTE: 03 Reports.>>
Reports.
``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.
[[Page 134 STAT. 3603]]
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: `` <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3604]]
``(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
[[Page 134 STAT. 3605]]
``(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) <<NOTE: Effective date. 10 USC 1561 note.>> 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. <<NOTE: 10 USC 1565b note.>> COORDINATION OF SUPPORT
FOR SURVIVORS OF SEXUAL TRAUMA.
(a) <<NOTE: Deadline. Standards.>> 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.
[[Page 134 STAT. 3606]]
(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. <<NOTE: 10 USC 7461 note.>> POLICY FOR MILITARY SERVICE
ACADEMIES ON SEPARATION OF ALLEGED VICTIMS
AND ALLEGED PERPETRATORS IN INCIDENTS OF
SEXUAL ASSAULT.
(a) <<NOTE: Consultation. Regulations.>> 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
[[Page 134 STAT. 3607]]
(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. <<NOTE: 10 USC 1561 note.>> SAFE-TO-REPORT POLICY
APPLICABLE ACROSS THE ARMED FORCES.
(a) <<NOTE: Consultation. Regulations. Applicability.>> 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:
[[Page 134 STAT. 3608]]
(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. <<NOTE: 10 USC 1561 note.>> 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) <<NOTE: Criteria.>> Criteria for assessing
progress toward the achievement of the goals,
objectives, and milestones referred to in subparagraph
(A).
(D) <<NOTE: Criteria.>> 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
[[Page 134 STAT. 3609]]
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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 3610]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment. Compliance.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Assessment.>> An assessment of the feasibility
of providing cross-service Special Victims' Counsel
representation in instances
[[Page 134 STAT. 3611]]
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.
<<NOTE: Deadline.>> 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
[[Page 134 STAT. 3612]]
as the Court finds correct in law, and in fact in
accordance with subparagraph
(B). <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: 10 USC 866 note.>> 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
[[Page 134 STAT. 3613]]
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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 1552 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3614]]
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of the
Department.
(b) <<NOTE: Definition.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3615]]
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) <<NOTE: Timeline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> Elements.--The briefing required by
subsection (a) shall include the following:
[[Page 134 STAT. 3616]]
(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) <<NOTE: Study.>> 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.
[[Page 134 STAT. 3617]]
(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) <<NOTE: Deadline. Recommenda- tions.>> 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. <<NOTE: 38 USC 5906.>> Availability of legal
assistance at Department facilities
``(a) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 3618]]
``(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 <<NOTE: 38 USC 5901
prec.>> is amended by adding at the end the following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) <<NOTE: 38 USC 5906 note.>> Pilot Program to Establish and
Support Legal Assistance Clinics.--
(1) Pilot program required.--
(A) <<NOTE: Deadline. Assessment.>> 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) <<NOTE: Grants. Determination.>> 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.
[[Page 134 STAT. 3619]]
(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) <<NOTE: Criteria.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 3620]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 1561 note prec.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3621]]
(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. <<NOTE: 10 USC 1787 note.>> 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) <<NOTE: Database. Determination.>> 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
[[Page 134 STAT. 3622]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Compliance.>> 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
[[Page 134 STAT. 3623]]
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) <<NOTE: Lists.>> Lists of available
support services, such as legal, medical, and
victim advocacy services, through the Department
of Defense and the military department concerned.
[[Page 134 STAT. 3624]]
(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) <<NOTE: Notification.>> 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) <<NOTE: Memorandums.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3625]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Procedures.>> 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;
[[Page 134 STAT. 3626]]
(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) <<NOTE: List.>> 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
[[Page 134 STAT. 3627]]
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) <<NOTE: Assessment.>> 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.'';
[[Page 134 STAT. 3628]]
(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) <<NOTE: Coordination.>> (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) <<NOTE: Data.>> 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) <<NOTE: Analysis. Reviews.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Time period. Assessment. Recommenda- tions.>>
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) <<NOTE: Coordination. Reports.>> 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:
[[Page 134 STAT. 3629]]
``(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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Web posting. 10 USC 113 note.>>
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. <<NOTE: Data.>> 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) <<NOTE: 10 USC 113 note.>> 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).
[[Page 134 STAT. 3630]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Data.>> Any data used by the Defense
Board and in the development of its findings and
recommendations.
(E) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 3631]]
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) <<NOTE: Cost estimate.>> An estimate of the
annual operating costs and staff years of the Advisory
Committee.
(F) <<NOTE: Estimate.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Determinations. Notifications. Deadlines. Assessme
nts.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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.--
[[Page 134 STAT. 3632]]
(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.''.
[[Page 134 STAT. 3633]]
SEC. 553. <<NOTE: 10 USC 480 note prec.>> 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) <<NOTE: 133 Stat. 1415.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 141 note.>> 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) <<NOTE: Deadline. Appointment.>> 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
[[Page 134 STAT. 3634]]
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) <<NOTE: Summary.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Public information. Deadline.>> 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;
[[Page 134 STAT. 3635]]
(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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3636]]
(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. <<NOTE: 10 USC 1030 note prec.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 3637]]
(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. <<NOTE: 10 USC 1030 note prec.>> 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. <<NOTE: 10 USC 501 note prec.>> EVALUATION OF BARRIERS
TO MINORITY PARTICIPATION IN CERTAIN UNITS
OF THE ARMED FORCES.
(a) Study Required.--
(1) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Recommenda- tions.>> Recommendations to
increase the numbers of minority officers in the Armed
Forces.
(G) <<NOTE: Recommenda- tions.>> Recommendations to
increase minority participation in covered units.
[[Page 134 STAT. 3638]]
(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) <<NOTE: Briefings.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notice. Deadline.>> 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) <<NOTE: Notice. Deadline.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary.>> 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.
[[Page 134 STAT. 3639]]
(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) <<NOTE: Surveys. Time period.>> 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) <<NOTE: Analysis. Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: 10 USC 7271 note.>> is amended by striking ``five'' and
inserting ``six''.
(b) <<NOTE: 10 USC 7271 note.>> 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. <<NOTE: President.>> AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Distinguished-Service Cross to Ramiro F. Olivo for Acts of Valor
During the Vietnam War.--
[[Page 134 STAT. 3640]]
(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
[[Page 134 STAT. 3641]]
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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> An assessment of the conditions
of service of radiation-exposed veterans.
(3) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination. Costs.>> 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.
[[Page 134 STAT. 3642]]
Subtitle H--Member Education, Training, Transition, and Resilience
SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR OFFICERS TO
IMPROVE DIVERSITY IN MILITARY LEADERSHIP.
(a) Program Required.--
(1) In general.--Section 656 of title 10, United States
Code, is amended--
(A) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Mentoring and Career Counseling Program.--
``(1) Program required as part of plan.--With the goal of
having the diversity of the population of officers serving in
each branch, specialty, community, and grade of each armed force
reflect the diversity of the population in such armed force as a
whole, the Secretary of Defense and the Secretary of the
Department in which the Coast Guard is operating shall include
in the plan required by subsection (a) a mentoring and career
counseling program for officers.
``(2) Elements.--The program required by this subsection
shall include the following:
``(A) The option for any officer to participate in
the program.
``(B) For each officer who elects to participate in
the program, the following:
``(i) One or more opportunities for mentoring
and career counseling before selection of the
officer's branch, specialty, or community.
``(ii) Ongoing opportunities for mentoring and
career counseling following selection of the
officer's branch, specialty, or community, and
continuing through the officer's military career.
``(C) Mentoring and counseling during opportunities
under subparagraph (B) consisting of the following:
``(i) Information on officer retention and
promotion rates in each grade, branch, specialty,
and community of the armed force concerned,
including the rate at which officers in each
branch, specialty, or community of such armed
force are promoted to a grade above O-6.
``(ii) Information on career and service
pathways, including service in the reserve
components.
``(iii) Such other information as may be
required to optimize the ability of an officer to
make informed career decisions through the
officer's military career.''.
(2) Performance metrics.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended--
(A) in the subsection heading, by inserting ``and
Mentoring and Career Counseling Program'' after
``Developing and Implementing Plan''; and
(B) by inserting ``and the mentoring and career
counseling program under subsection (b)'' after ``the
plan under subsection (a)''.
[[Page 134 STAT. 3643]]
(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 <<NOTE: 10 USC 651
prec.>> 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) <<NOTE: Coordination.>> 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--
[[Page 134 STAT. 3644]]
(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. <<NOTE: 10 USC 8431 note prec.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3645]]
(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. <<NOTE: 10 USC 7442 note.>> INFORMATION ON NOMINATIONS
AND APPLICATIONS FOR MILITARY SERVICE
ACADEMIES.
(a) Nominations Portal.--
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Consultation.>> 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.
[[Page 134 STAT. 3646]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Public information. Web posting.>> make
the results of each report under paragraph (1) available
on a publicly accessible website of the Department of
Defense; and
(B) <<NOTE: Data.>> 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:
[[Page 134 STAT. 3647]]
(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) <<NOTE: Consultation. Review. Assessment.>> 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.
[[Page 134 STAT. 3648]]
(d) <<NOTE: Assessments.>> Additional Elements.--In addition to the
matters described in subsection (a), the review and report under this
section shall also include the following:
(1) <<NOTE: Summary.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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;
[[Page 134 STAT. 3649]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Recommenda- tions.>> such recommendations as
the Secretary may have for higher education in the
counterterrorism, irregular, and asymmetrical domains.
SEC. 578. <<NOTE: 10 USC 2015 note.>> 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.
[[Page 134 STAT. 3650]]
(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) <<NOTE: Timeline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 3651]]
Subtitle I--Military Family Readiness and Dependents' Education
SEC. 581. <<NOTE: 10 USC 1781 note.>> FAMILY READINESS:
DEFINITIONS; COMMUNICATION STRATEGY;
REVIEW; REPORT.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3652]]
``(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) <<NOTE: Deadline. Coordination. 10 USC 1781c note.>>
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.
[[Page 134 STAT. 3653]]
(C) The level of satisfaction of military families
with special needs with the family and medical support
they are provided.
(7) <<NOTE: Requirement. Determinations.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> 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'';
[[Page 134 STAT. 3654]]
(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, <<NOTE: 10 USC 1781 prec.>>
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
[[Page 134 STAT. 3655]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 10 USC 1784a note.>> 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. <<NOTE: 10 USC 1784 note.>> IMPROVEMENTS TO PARTNER
CRITERIA OF THE MILITARY SPOUSE EMPLOYMENT
PARTNERSHIP PROGRAM.
(a) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3656]]
(4) Companies that employ telework.
(b) <<NOTE: Consultation. Contracts.>> 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) <<NOTE: Public information. Web posting.>> 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. <<NOTE: Data.>> Such report shall include the following:
(1) <<NOTE: Implementation plan.>> 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. <<NOTE: 10 USC 1791 note.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Assessment.>> an assessment whether the
child care needs of members of the Armed Forces and
civilian employees of
[[Page 134 STAT. 3657]]
the Department described in subsection (a) would be
better met by an increase in assistance for child care
fees;
(D) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 1791 note.>> PILOT PROGRAM TO PROVIDE
FINANCIAL ASSISTANCE TO MEMBERS OF THE
ARMED FORCES FOR IN-HOME CHILD CARE.
(a) <<NOTE: Deadlines.>> 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. <<NOTE: Determinations.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> Interim reports.--Not later than
one year after the Secretary establishes the pilot program and
thrice annually thereafter, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report on the pilot program. Each
interim report shall include the following elements:
(A) The number of military families participating in
the pilot program, disaggregated by location and
duration of participation.
(B) The amount of financial assistance provided to
participating military families in each location.
(C) Metrics by which the Secretary carries out
subsection (a)(3)(B);
(D) The feasibility of expanding the pilot program.
[[Page 134 STAT. 3658]]
(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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 3659]]
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) <<NOTE: Deadline. Briefing.>> 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. <<NOTE: 10 USC 2164 note.>> PILOT PROGRAM TO EXPAND
ELIGIBILITY FOR ENROLLMENT AT DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> to evaluate the feasibility and
advisability of expanding enrollment in covered DODEA schools;
and
(2) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3660]]
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. <<NOTE: 10 USC 2164 note.>> 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) <<NOTE: Evaluation.>> To evaluate the
feasibility and scalability of the DVHS program.
(B) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 3661]]
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) <<NOTE: Data. Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2001 note prec.>> TRAINING PROGRAM
REGARDING FOREIGN MALIGN INFLUENCE
CAMPAIGNS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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).
[[Page 134 STAT. 3662]]
SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF
MEMBERS OF THE ARMED FORCES AND THEIR
FAMILIES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 3663]]
and the Senate a report on the findings of the Secretary with
respect to the study under subsection (a).
(2) <<NOTE: Classified information.>> 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. <<NOTE: 10 USC 1781c note.>> 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).
[[Page 134 STAT. 3664]]
(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--
[[Page 134 STAT. 3665]]
(A) <<NOTE: Review.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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, <<NOTE: 10 USC 2191
prec.>> is amended
[[Page 134 STAT. 3666]]
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. <<NOTE: 10 USC 7063 note.>> 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. <<NOTE: Deadline. 10 USC 503 note.>> 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)--
[[Page 134 STAT. 3667]]
(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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3668]]
(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) <<NOTE: Reports.>> 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.
<<NOTE: Study.>> 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) <<NOTE: Time period. Coordination.>> 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:
[[Page 134 STAT. 3669]]
(1) <<NOTE: List.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3670]]
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. <<NOTE: 37 USC 1009 note.>> INCREASE IN BASIC PAY.
<<NOTE: Effective date.>> 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.--
[[Page 134 STAT. 3671]]
(1) <<NOTE: 10 USC 12732 note.>> 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) <<NOTE: Applicability. 10 USC 12732 note.>> 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.--
[[Page 134 STAT. 3672]]
(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, <<NOTE: 37 USC 401
prec.>> 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, <<NOTE: 37 USC 451
prec.>> 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. <<NOTE: 37 USC 416 note.>> ONE-TIME UNIFORM ALLOWANCE
FOR OFFICERS WHO TRANSFER TO THE SPACE
FORCE.
(a) <<NOTE: Reimbursement.>> 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) <<NOTE: Time period.>> during the period beginning on
December 20, 2019, and ending on September 30, 2022; and
(2) <<NOTE: Effective date.>> on or after the date the
Secretary of the Air Force prescribes the official uniform for
the Space Force.
[[Page 134 STAT. 3673]]
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''.
[[Page 134 STAT. 3674]]
(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) <<NOTE: Applicability. 37 USC 335 note.>> 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''.
[[Page 134 STAT. 3675]]
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,'';
[[Page 134 STAT. 3676]]
(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) <<NOTE: Regulations.>> 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) <<NOTE: 10 USC 12316 note.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 134 STAT. 3677]]
(b) Repeal of Superseded Authority.--Section 476 of such
title <<NOTE: 37 USC 476.>> 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) <<NOTE: 10 USC 1475 note.>> 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''.
[[Page 134 STAT. 3678]]
SEC. 626. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF
CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
(a) <<NOTE: Deadline. Determination.>> 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. <<NOTE: Determinations. 10 USC 1796 note.>> 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
[[Page 134 STAT. 3679]]
agreement described in subsection (e)(3) or has ceased to be an eligible
military spouse. <<NOTE: Time period.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> Legislation the Secretary
determines necessary to permit contributions and transfers
described in paragraph (1).
(c) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 3680]]
(A) the report under paragraph (1);
(B) <<NOTE: Analysis.>> 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) <<NOTE: Analysis. Time period.>> 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) <<NOTE: Cost estimate.>> The estimated cost of the
expansion described in subsection (a).
(3) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> An assessment of existing
programs of the Department of Defense that provide financial
assistance described in subsection (a).
(5) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation. Procedures.>> 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.
[[Page 134 STAT. 3681]]
(2) <<NOTE: Requirements.>> Administrative requirements for
an eligible remarried spouse to obtain access described in
subsection (a).
(3) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 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) <<NOTE: Regulations.>> 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.
[[Page 134 STAT. 3682]]
``(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, <<NOTE: 10 USC 1061 prec.>>
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) <<NOTE: Regulations.>> 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. <<NOTE: Deadlines.>> UPDATED BUSINESS CASE ANALYSIS FOR
CONSOLIDATION OF THE DEFENSE RESALE
SYSTEM.
(a) <<NOTE: Coordination.>> 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.
[[Page 134 STAT. 3683]]
(d) <<NOTE: Notification.>> 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.--
[[Page 134 STAT. 3684]]
(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 <<NOTE: 37 USC 901
prec.>> 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) <<NOTE: Time period. Notice.>> 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) <<NOTE: Coordination.>> 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. <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 3685]]
(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 <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 3686]]
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
[[Page 134 STAT. 3687]]
``(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) <<NOTE: Regulations.>> 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) <<NOTE: Determination.>> Service and modification of
durable equipment and assistive technology devices under paragraph
(1)(E) may be provided
[[Page 134 STAT. 3688]]
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) <<NOTE: Assessments.>> 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 <<NOTE: Analyses.>> report under
paragraph (1) shall include--
(A) an analysis of best practices for the
administration of programs to support caregivers of
individuals with
[[Page 134 STAT. 3689]]
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. <<NOTE: 10 USC 1074g note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> Duration.--If the Secretary carries out the
pilot program under subsection (a)(1), the Secretary shall carry out the
pilot
[[Page 134 STAT. 3690]]
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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3691]]
(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) <<NOTE: 5 USC 8951 and note; 10 USC 1076a note.>> 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. <<NOTE: 10 USC 1073e.>> Protection of armed forces
from infectious diseases
``(a) <<NOTE: Plan.>> 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.
[[Page 134 STAT. 3692]]
``(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) <<NOTE: Plan.>> 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 <<NOTE: 10 USC 1071 prec.>> 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) <<NOTE: Appendix.>> 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 <<NOTE: Consultation.>> 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;
[[Page 134 STAT. 3693]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Appendix.>> 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) <<NOTE: Classified information.>> Form.--The assessment
under paragraph (1) shall be submitted in classified form.
[[Page 134 STAT. 3694]]
(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 <<NOTE: Grants. Determination.>>
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) <<NOTE: 10 USC 2113 note.>> 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) <<NOTE: 10 USC 2113 note.>> 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) <<NOTE: 10 USC 2113 note.>> 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) <<NOTE: 10 USC 2112 note.>> Temporary Exemption From Certain
Paperwork Reduction Act Requirements.--
[[Page 134 STAT. 3695]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Recommenda- tions.>> 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:
[[Page 134 STAT. 3696]]
``may <<NOTE: Time period.>> 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) <<NOTE: Plan.>> the Secretary has submitted
the plan to the congressional defense committees;
``(B) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 1074g note.>> POLICY TO ADDRESS
PRESCRIPTION OPIOID SAFETY.
(a) Requirement.--The Secretary of Defense shall develop a policy
and tracking mechanism to monitor and provide oversight
[[Page 134 STAT. 3697]]
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) <<NOTE: Reports.>> 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) <<NOTE: Plan.>> 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. <<NOTE: 38 USC 527 note.>> ADDITION OF BURN PIT
REGISTRATION AND OTHER INFORMATION TO
ELECTRONIC HEALTH RECORDS OF MEMBERS OF
THE ARMED FORCES.
(a) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3698]]
(2) <<NOTE: Notification.>> 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. <<NOTE: 10 USC 1074f note.>> 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.
[[Page 134 STAT. 3699]]
(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) <<NOTE: Reviews.>> 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;
[[Page 134 STAT. 3700]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Updates. Plans.>> 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) <<NOTE: Updates.>> 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
[[Page 134 STAT. 3701]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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).
[[Page 134 STAT. 3702]]
(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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 1145 note.>> 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. <<NOTE: 10 USC 1074 note.>> REGISTRY OF CERTAIN TRICARE
BENEFICIARIES DIAGNOSED WITH COVID-19.
(a) Establishment <<NOTE: Deadline.>> .--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.
[[Page 134 STAT. 3703]]
(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) <<NOTE: Plan.>> a plan to implement the registry;
(2) <<NOTE: Costs.>> the cost of implementing the registry;
(3) the location of the registry; and
(4) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 38 USC 527 note.>> 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) <<NOTE: Evaluation.>> 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
[[Page 134 STAT. 3704]]
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) <<NOTE: Review.>> review any strategies used to combat
existing stigma surrounding mental health conditions that might
deter members of the Armed Forces from seeking care;
(2) <<NOTE: Review.>> review guidance to commanding
officers at all levels on the mental health ramifications of the
COVID-19 crisis;
(3) <<NOTE: Assessment.>> assess the need for additional
training and support for mental health care professionals of the
Department of
[[Page 134 STAT. 3705]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 1096 note.>> 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) <<NOTE: Coordination.>> Resources.--The Assistant
Secretary of Defense for Health Affairs shall leverage the
resources of the Defense
[[Page 134 STAT. 3706]]
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) <<NOTE: Deadlines. Consultations.>> 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;
[[Page 134 STAT. 3707]]
``(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)).''.
[[Page 134 STAT. 3708]]
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. <<NOTE: 10 USC 1071 note.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Reports.>> reporting of such event to
the National Practitioner Data Bank in accordance with
guidelines of the Secretary
[[Page 134 STAT. 3709]]
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) <<NOTE: Procedures.>> 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) <<NOTE: Procedures.>> 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.
[[Page 134 STAT. 3710]]
SEC. 745. <<NOTE: 10 USC 1071 note.>> 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. <<NOTE: 10 USC 1073 note.>> EXTRAMEDICAL MATERNAL
HEALTH PROVIDERS DEMONSTRATION PROJECT.
(a) <<NOTE: Deadline. Evaluation.>> 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) <<NOTE: Notification. Federal Register, publication.>>
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.--
[[Page 134 STAT. 3711]]
(1) <<NOTE: Deadline. Determinations.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Costs.>> The cost of the
demonstration project.
(v) <<NOTE: Assessment.>> An assessment of
the quality of care provided to participants in
the demonstration project.
[[Page 134 STAT. 3712]]
(vi) <<NOTE: Assessment.>> An assessment of
the impact of the demonstration project on
maternal and fetal outcomes.
(vii) <<NOTE: Assessment.>> An assessment of
the effectiveness of the demonstration project.
(viii) <<NOTE: Recommenda- tions.>>
Recommendations for adjustments to the
demonstration project.
(ix) <<NOTE: Cost estimate.>> The estimated
costs avoided as a result of improved maternal and
fetal health outcomes due to the demonstration
project.
(x) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Notice. Public comment.>> 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 <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 3713]]
and combat effectiveness of members according to science-based
approaches.
(4) <<NOTE: Plan.>> 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) <<NOTE: Costs. Timeline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Study.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Review.>> 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) <<NOTE: Review.>> 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) <<NOTE: Study. Determination.>> 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
[[Page 134 STAT. 3714]]
relate to such hazards made by eligible individuals residing in
privatized military housing; and
(7) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Web posting.>> 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.
[[Page 134 STAT. 3715]]
SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL
TREATMENT AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) <<NOTE: Deadline. Time period.>> 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.
[[Page 134 STAT. 3716]]
(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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3717]]
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--
[[Page 134 STAT. 3718]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3719]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 3720]]
(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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 3721]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation. Analyses.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 3722]]
(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.
[[Page 134 STAT. 3723]]
SEC. 756. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES
ACROSS ARMED FORCES.
(a) <<NOTE: Reviews. Evaluations.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> an assessment of the extent to
which such existing models can be optimized, standardized, and
scaled to address readiness shortfalls; and
(3) <<NOTE: Evaluation.>> 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).
[[Page 134 STAT. 3724]]
(c) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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-- <<NOTE: Care and Readiness Enhancement for Reservists
Act of 2020.>> Mental Health Services From Department of Veterans
Affairs for Members of Reserve Components
SEC. 761. <<NOTE: 38 USC 101 note.>> 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) <<NOTE: Consultation.>> The Secretary, in consultation
with the Secretary of Defense, may furnish to any member of the reserve
components
[[Page 134 STAT. 3725]]
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) <<NOTE: 38 USC 1712A note.>> 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. <<NOTE: 38 USC 1789.>> Mental health services for
members of the reserve components of the Armed
Forces
``The <<NOTE: Consultation.>> 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 <<NOTE: 38 USC 1701 prec.>> 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) <<NOTE: Determination. Consultation.>> In determining
coverage of members of the reserve components of the Armed Forces under
the comprehensive program, the Secretary shall consult with the
Secretary of Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking ``veterans'' and
inserting ``covered individuals'';
(B) in subsection (b), by striking ``veterans'' each
place it appears and inserting ``covered individuals'';
[[Page 134 STAT. 3726]]
(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 <<NOTE: 38 USC 1701
prec.>> is amended by striking the
[[Page 134 STAT. 3727]]
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 <<NOTE: 38 USC
1720H.>> 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 <<NOTE: 38 USC
1701 prec.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3728]]
(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.
[[Page 134 STAT. 3729]]
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.
[[Page 134 STAT. 3730]]
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).
[[Page 134 STAT. 3731]]
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) <<NOTE: Strategy.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Data.>> a technical data and intellectual
property management plan for product support; and
``(8) <<NOTE: Requirements.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definitions.>> by adding at the end the
following new paragraphs:
[[Page 134 STAT. 3732]]
``(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 <<NOTE: Deadlines. Reviews.>> 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) <<NOTE: Classified information.>> Each submission under
paragraph (1) shall be submitted in unclassified form, but may include a
classified annex.
``(3) <<NOTE: Remediation plan. Certification.>> For a covered
system with critical operating and support cost growth, such submission
shall include a remediation plan to
[[Page 134 STAT. 3733]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 3734]]
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) <<NOTE: Requirements.>> required elements of
sustainment planning;
(4) timing of sustainment planning activities in the
acquisition process;
(5) <<NOTE: Assessment. Compliance.>> 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. <<NOTE: 10 USC 2339c.>> Disclosures for offerors
for certain shipbuilding major defense
acquisition program contracts
``(a) <<NOTE: Proposal.>> 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) <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 3735]]
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, <<NOTE: 10 USC 2301
prec.>> 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. <<NOTE: 10 USC 4401 note.>> IMPLEMENTATION OF MODULAR
OPEN SYSTEMS APPROACHES.
(a) Requirements for Interface Delivery.--
(1) <<NOTE: Deadline. Coordination. Regulations. Applicability.>>
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;
[[Page 134 STAT. 3736]]
(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.
[[Page 134 STAT. 3737]]
(B) <<NOTE: Time period.>> 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;
[[Page 134 STAT. 3738]]
``(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) <<NOTE: Definitions.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3739]]
(ii) in subsection (h), by striking ``, `major
system interface' '' and inserting ``, `modular
system interface' ''.
(B) <<NOTE: Deadline. Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3740]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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,
[[Page 134 STAT. 3741]]
and applicability of such technology to the business
systems and cybersecurity tools of the Department.
(B) <<NOTE: Demonstrations.>> Coverage.--The
assessment required under subparagraph (A) shall
include--
(i) <<NOTE: Evaluations.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 3742]]
(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. <<NOTE: 10 USC 9081 note.>> 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.--
[[Page 134 STAT. 3743]]
(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) <<NOTE: Proposals.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Proposals.>> Proposed revised, flexible,
and streamlined options for joint requirements
validation in order to be more responsive and
innovative, while ensuring the ability of
[[Page 134 STAT. 3744]]
the Joint Chiefs of Staff to ensure top-level system
requirements are properly prioritized to address joint-
warfighting needs.
(C) <<NOTE: List.>> 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) <<NOTE: List.>> A list of space systems
acquisition programs for which alternative acquisition
pathways may be used.
(E) <<NOTE: Procedures.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline. Analysis. Recommenda- tions.>>
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
[[Page 134 STAT. 3745]]
the meanings given those terms, respectively, in section 1737 of
title 10, United States Code.
SEC. 808. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Memorandum.>> 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.
[[Page 134 STAT. 3746]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 3747]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis.>> 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.--
[[Page 134 STAT. 3748]]
(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) <<NOTE: Analysis.>> the results of such
assessment, including the analysis described in
subsection (b)(2);
(C) <<NOTE: Plan.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3749]]
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) <<NOTE: Deadline. Publication. 10 USC 113 note.>>
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.'';
[[Page 134 STAT. 3750]]
(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) <<NOTE: Effective date. 10 USC 2306a note.>>
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) <<NOTE: Consultation.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 3751]]
``(B) consider the views of appropriate public and
private sector entities.
``(2) <<NOTE: Deadline.>> 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, <<NOTE: 10 USC 2851 prec.>> 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) <<NOTE: 10 USC 2870 note.>> 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
[[Page 134 STAT. 3752]]
under FOCI and the reports and examinations
required by subparagraph (A)(v).''.
(c) <<NOTE: Deadlines. 10 USC 2509 note.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Time periods.>> by amending paragraph (1) to
read as follows:
``(1) was entered into--
[[Page 134 STAT. 3753]]
``(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, <<NOTE: 10 USC 2301
prec.>> 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. <<NOTE: 10 USC 4002 note.>> LISTING OF OTHER
TRANSACTION AUTHORITY CONSORTIA.
<<NOTE: Deadline.>> 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
[[Page 134 STAT. 3754]]
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. <<NOTE: 10 USC 4571 note.>> 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) <<NOTE: Proposal.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Data. Costs.>> 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,
[[Page 134 STAT. 3755]]
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) <<NOTE: Costs.>> 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. <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 4571 note.>> BALANCING SECURITY AND
INNOVATION IN SOFTWARE DEVELOPMENT AND
ACQUISITION.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Plan.>> an associated vulnerability management
plan and identification of tools that will be applied to achieve
an appropriate level of security.
(b) <<NOTE: Coordination. Procedures.>> 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
[[Page 134 STAT. 3756]]
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. <<NOTE: 10 USC 3101 note.>> 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.
[[Page 134 STAT. 3757]]
(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) <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 3758]]
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) <<NOTE: Analysis. Assessments.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3759]]
(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) <<NOTE: Consultation. Analysis.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> a report summarizing
the assessment; and
(ii) <<NOTE: Briefing.>> a briefing on the
findings of the assessment.
(g) Demonstrations and Briefing.--
(1) <<NOTE: Deadline.>> Demonstration of implementation.--
Not later than October 20, 2021, the Secretary of Defense shall
submit to
[[Page 134 STAT. 3760]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 113 note.>> SAFEGUARDING DEFENSE-
SENSITIVE UNITED STATES INTELLECTUAL
PROPERTY, TECHNOLOGY, AND OTHER DATA AND
INFORMATION.
(a) <<NOTE: Coordination. Procedures.>> 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) <<NOTE: List.>> 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) <<NOTE: Review.>> 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) <<NOTE: China. Determination.>> 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.
[[Page 134 STAT. 3761]]
SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE
ACQUISITION REFORMS.
(a) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3762]]
SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY
ACQUISITION AND LICENSING.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall assess the following:
(1) The extent to which the Department of Defense is
fulfilling the core principles established in such Instruction.
(2) The extent to which the Defense Acquisition University
(established under section 1746 of title 10, United States Code)
and elements of the Department of Defense (specified in
paragraphs (1) through (10) of section 111(b) of such title) are
carrying out the requirements of such Instruction.
(3) The progress of the Secretary of Defense in establishing
a cadre of intellectual property experts (as required under
section 2322(b) of such title), including the extent to which
members of such cadre are executing their roles and
responsibilities.
(4) The performance of the Secretary of Defense in assessing
and demonstrating the implementation of such Instruction,
including the effectiveness of the cadre described in paragraph
(3).
(5) The effectiveness of the cadre described in paragraph
(3) in providing resources on the acquisition and licensing of
intellectual property.
(6) The effect implementation of such Instruction has had on
particular acquisitions.
(7) The extent to which feedback from appropriate
stakeholders was incorporated, including large and small
businesses, traditional and nontraditional defense contractors
(as defined in section 2302(9) of title 10, United States Code),
and maintenance and repair organizations.
(8) Any other matters the Comptroller General determines
appropriate.
Subtitle D--Industrial Base Matters
SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT
BOARDS.
(a) In General.--Chapter 148 of title 10, United States Code, is
amended by inserting after section 2533c the following section:
``Sec. 2533d. <<NOTE: 10 USC 2533d.>> Additional requirements
pertaining to printed circuit boards
``(a) In General.--
``(1) <<NOTE: Effective date.>> 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.--
[[Page 134 STAT. 3763]]
``(1) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Notice. Records.>> 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) <<NOTE: Deadline. Notice. Public comment.>> Rulemaking.--Not
later than May 1, 2022, the Secretary shall promulgate regulations,
after an opportunity for notice and comment, implementing this section.
``(e) <<NOTE: Contracts.>> 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, <<NOTE: 10 USC 2531
prec.>> is amended by inserting after the item relating to section
2533c the following:
``2533d. Additional requirements pertaining to printed circuit
boards.''.
[[Page 134 STAT. 3764]]
(c) <<NOTE: Applicability. 10 USC 2533d note.>> 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) <<NOTE: Deadlines.>> Independent Assessment.--
(1) <<NOTE: Contracts.>> 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. <<NOTE: Analysis. Recommenda- tions.>> The assessment
shall also include analysis and recommendations regarding the
scope of mission critical functions, as such term is used in
such section.
(2) <<NOTE: Reports.>> 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) <<NOTE: Records. Summary. Recommenda- tions.>>
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 <<NOTE: Classified information.>> 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) <<NOTE: Time period. Waiver.>> 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
[[Page 134 STAT. 3765]]
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) <<NOTE: Updates.>> 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 <<NOTE: 10 USC 2501
prec.>> 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--
[[Page 134 STAT. 3766]]
``(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) <<NOTE: Repeal.>> 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) <<NOTE: 10 USC 2533c note.>> 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:
[[Page 134 STAT. 3767]]
``(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) <<NOTE: Time period. 10 USC 2534 note.>> 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) <<NOTE: 10 USC 4811 note.>> Assessment of Research and
Development, Manufacturing, and Production Capabilities.--
(1) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3768]]
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, <<NOTE: 10 USC 2430 prec.>> 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) <<NOTE: 10 USC 4811 note.>> Recommendations for Additional
Members of the National Technology and Industrial Base.--
(1) <<NOTE: Consultation. Processes.>> 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--
[[Page 134 STAT. 3769]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 4811 note.>> 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.
[[Page 134 STAT. 3770]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 10 USC 4811 note.>> ANALYSES OF CERTAIN
ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) <<NOTE: Review. Determination.>> 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;
[[Page 134 STAT. 3771]]
(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) <<NOTE: Deadline.>> Interim brief.--Not later than
January 15, 2022, the Secretary of Defense shall submit to the
congressional defense committees--
(A) <<NOTE: Summary.>> 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) <<NOTE: Memorandum.>> Defense memoranda of
understanding and related agreements considered in
accordance with section 2531 of such title.
(F) Industrial base or acquisition policy changes.
(G) <<NOTE: Proposals. Legislative proposals.>>
Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit
to the Committees on Armed Services of the Senate
[[Page 134 STAT. 3772]]
and House of Representatives not less frequently than
once per fiscal year.
(H) <<NOTE: Briefings.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Legislative proposals.>> 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);
[[Page 134 STAT. 3773]]
(2) <<NOTE: Evaluation.>> evaluate the success of
responsive actions undertaken; and
(3) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Appendix.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 3774]]
(5) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment. Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Appendix.>> 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
[[Page 134 STAT. 3775]]
(2) whether a new initiative would further the development
of such processing and manufacturing capabilities for aluminum.
(b) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4901 note.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Procedures.>> 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--
[[Page 134 STAT. 3776]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 657f note.>> TRANSFER OF VERIFICATION OF
SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS OR SERVICE-DISABLED
VETERANS TO THE SMALL BUSINESS
ADMINISTRATION.
(a) <<NOTE: Definition.>> 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) <<NOTE: Effective date. 38 USC 8127 note.>> 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)--
[[Page 134 STAT. 3777]]
(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
[[Page 134 STAT. 3778]]
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) <<NOTE: Reimbursement.>> 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) <<NOTE: Definition.>> The term `Administrator' means
the Administrator of the Small Business Administration.''.
(2) <<NOTE: Effective date. 15 USC 657f note.>> 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:
[[Page 134 STAT. 3779]]
(A) <<NOTE: 15 USC 632 note.>> 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) <<NOTE: 15 USC 657f note.>> Additional Requirements for
Database.--
(1) <<NOTE: Time period.>> 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--
[[Page 134 STAT. 3780]]
``(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) <<NOTE: Procedures.>> 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
[[Page 134 STAT. 3781]]
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. <<NOTE: 15 USC 657f-1.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: 15 USC 657f note.>> Status of Self-certified Small
Business Concerns Owned and Controlled by Service-disabled Veterans.--
(1) <<NOTE: Time periods.>> 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
[[Page 134 STAT. 3782]]
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) <<NOTE: Requirements. Public information.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 3783]]
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) <<NOTE: Time period.>> Report.--Not later than 1 year after the
date of the enactment of this Act, and every 6 months thereafter until
the transfer
[[Page 134 STAT. 3784]]
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) <<NOTE: 15 USC 632 note.>> 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
[[Page 134 STAT. 3785]]
(3) <<NOTE: 15 USC 657f.>> 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) <<NOTE: Time periods.>> 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
[[Page 134 STAT. 3786]]
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) <<NOTE: Time period.>> 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) <<NOTE: 15 USC 648.>> 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
[[Page 134 STAT. 3787]]
(2) <<NOTE: 15 USC 657d.>> 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) <<NOTE: Evaluation. Contracts. Regulations. Requirements.>>
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) <<NOTE: Records.>> 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) <<NOTE: Deadline. 15 USC 637 note.>> 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. <<NOTE: 15 USC 637 note.>> EXTENSION OF PARTICIPATION
IN 8(A) PROGRAM.
(a) <<NOTE: Effective date. Time period.>> 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
[[Page 134 STAT. 3788]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 644 note.>> 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. <<NOTE: 15 USC 631 note.>> CATEGORY MANAGEMENT
TRAINING.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Records.>> 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.
[[Page 134 STAT. 3789]]
(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. <<NOTE: Reimbursement.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Time period.>> that was
authorized during the period beginning on October
1, 2013, and ending on September 30, 2020.
(D) <<NOTE: Plan. Records.>> A plan for improving
recordkeeping of acquisition and cross-servicing
agreement transactions and ensuring
[[Page 134 STAT. 3790]]
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. <<NOTE: 10 USC 4701 note.>> 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--
[[Page 134 STAT. 3791]]
(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.
<<NOTE: Repeal.>> 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) <<NOTE: Reviews.>> 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:
[[Page 134 STAT. 3792]]
(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) <<NOTE: Deadline. Recommenda- tions.>> 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
[[Page 134 STAT. 3793]]
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. <<NOTE: 10 USC 3804 note.>> 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) <<NOTE: Time period. Certification. Deadline.>>
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) <<NOTE: Estimate.>> 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.
[[Page 134 STAT. 3794]]
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) <<NOTE: 5 USC 5313 note, 10 USC 131 note prec.,
131 note, 132 notes, 132a notes.>> 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, <<NOTE: 10 USC 131 prec.>> is amended by striking the
item relating to section 132a.
(4) <<NOTE: 10 USC 131 note.>> Effective date.--The repeals
and amendments made by this subsection shall take effect on the
date of the enactment of this Act.
(b) Implementation. <<NOTE: Deadline. 10 USC 132a note.>> --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.
[[Page 134 STAT. 3795]]
(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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 3796]]
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) <<NOTE: Appointment.>> 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.
[[Page 134 STAT. 3797]]
``(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 <<NOTE: 10 USC 131
prec.>> 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) <<NOTE: 10 USC 138 note.>> DoD Directive on Responsibilities of
ASD SOLIC.--
(1) <<NOTE: Deadline. Publication. Procedures.>> 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) <<NOTE: Time period.>> 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:
[[Page 134 STAT. 3798]]
``(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. <<NOTE: 10 USC 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) <<NOTE: Appointment.>> 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);
[[Page 134 STAT. 3799]]
``(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 <<NOTE: 10 USC
131 prec.>> by adding at the end the following new item:
``146. Office of Local Defense Community Cooperation.''.
(b) <<NOTE: Time period. 10 USC 146 note.>> 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) <<NOTE: 10 USC 146 note.>> 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. <<NOTE: 10 USC 138 note.>> 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. <<NOTE: 10 USC 111 note.>> 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
[[Page 134 STAT. 3800]]
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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 125a.>> Reform: improvement of
efficacy and efficiency
``(a) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Policies.>> 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
[[Page 134 STAT. 3801]]
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) <<NOTE: Proposals.>> 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 <<NOTE: 10 USC 121 prec.>>
is amended by inserting after the item relating to section 125
the following new item:
``125a. Reform: improvement of efficacy and efficiency.''.
(b) <<NOTE: 10 USC 125a note.>> Implementing Policies, Guidance,
and Reporting Framework.--
(1) <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: Evaluation. Review.>> 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
[[Page 134 STAT. 3802]]
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.
<<NOTE: Analysis.>> 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. <<NOTE: 10 USC 147.>> Chief Diversity Officer
``(a) <<NOTE: Appointment.>> 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. <<NOTE: Time period.>> 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
[[Page 134 STAT. 3803]]
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, <<NOTE: 10
USC 131 prec.>> is further amended by adding at the end the
following new item:
``147. Chief Diversity Officer.''.
(b) <<NOTE: 10 USC 147 note.>> 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. <<NOTE: Time period.>>
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
[[Page 134 STAT. 3804]]
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) <<NOTE: 10 USC 147 note.>> 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) <<NOTE: Time period. Reports.>> 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:
[[Page 134 STAT. 3805]]
``Sec. 9083. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 9081 prec.>> 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) <<NOTE: Reports. 10 USC 9083 note.>> 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
[[Page 134 STAT. 3806]]
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) <<NOTE: 10 USC 9083 note.>> 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) <<NOTE: President. Appointment.>> 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) <<NOTE: President. Waiver authority.>> The President may
waive paragraph (3) in the case of an officer if the President
determines such action is necessary in the national interest.'';
[[Page 134 STAT. 3807]]
(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. <<NOTE: 10 USC 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, <<NOTE: 10 USC 9081 prec.>> 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, <<NOTE: 10 USC 9011 prec.>> 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 <<NOTE: 10 USC 101 prec.>> 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):
[[Page 134 STAT. 3808]]
``(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
[[Page 134 STAT. 3809]]
(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.--
[[Page 134 STAT. 3810]]
(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 <<NOTE: 10 USC
9131 prec.>> 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), <<NOTE: 10 USC 9131 prec.>> 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 <<NOTE: 10 USC 9151 prec.>> 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, <<NOTE: 10 USC 9011 prec., 9110 prec.>> 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''.
[[Page 134 STAT. 3811]]
(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''.
[[Page 134 STAT. 3812]]
(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 <<NOTE: 10 USC 9311 prec.>> 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
[[Page 134 STAT. 3813]]
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 <<NOTE: 10 USC
9401 prec.>> 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
[[Page 134 STAT. 3814]]
(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 <<NOTE: 10 USC
9401 prec.>> 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
[[Page 134 STAT. 3815]]
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''.
[[Page 134 STAT. 3816]]
(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:
[[Page 134 STAT. 3817]]
``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 <<NOTE: 10 USC
9591 prec.>> 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:
[[Page 134 STAT. 3818]]
``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 <<NOTE: 10 USC
9621 prec.>> 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 <<NOTE: 10 USC
9771 prec.>> 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'';
[[Page 134 STAT. 3819]]
(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 <<NOTE: 10 USC
9771 prec.>> 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
[[Page 134 STAT. 3820]]
(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) <<NOTE: 10 USC 9020 note.>> 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).
[[Page 134 STAT. 3821]]
(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 <<NOTE: 10 USC 741
prec.>> 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).
[[Page 134 STAT. 3822]]
(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:
[[Page 134 STAT. 3823]]
``(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:
[[Page 134 STAT. 3824]]
``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 <<NOTE: 10 USC 741
prec.>> 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
[[Page 134 STAT. 3825]]
(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''.
[[Page 134 STAT. 3826]]
(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 <<NOTE: 10 USC
8801 prec.>> 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
[[Page 134 STAT. 3827]]
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''.
[[Page 134 STAT. 3828]]
(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 <<NOTE: 37 USC 701
prec.>> 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:
[[Page 134 STAT. 3829]]
``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 <<NOTE: 37 USC 801
prec.>> 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 <<NOTE: 37 USC
1001 prec.>> 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).
[[Page 134 STAT. 3830]]
(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).
[[Page 134 STAT. 3831]]
(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.
[[Page 134 STAT. 3832]]
(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. <<NOTE: 10 USC 517 note.>> 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) <<NOTE: Briefing. Analysis.>> 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.
[[Page 134 STAT. 3833]]
(b) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Determinations.>> Determinations of the
Secretary regarding the mission, organization, and unit
retention of such components.
(4) <<NOTE: Recommenda- tions.>> The final organizational
and integration recommendations regarding such components.
(5) <<NOTE: Proposals.>> The proposed staffing and
operational organization for such components.
(6) <<NOTE: Estimate.>> 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.
[[Page 134 STAT. 3834]]
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.
[[Page 134 STAT. 3835]]
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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3836]]
(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) <<NOTE: Assessment.>> 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). <<NOTE: Summaries.>> 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;''.
[[Page 134 STAT. 3837]]
SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE
DEPARTMENT OF DEFENSE OF UNQUALIFIED
AUDIT OPINIONS ON THE FINANCIAL
STATEMENTS.
(a) <<NOTE: 10 USC 240b note.>> Incentives Required.--
(1) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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) <<NOTE: Summary.>> 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).
[[Page 134 STAT. 3838]]
``(B) <<NOTE: Recommenda- tions.>> 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 <<NOTE: 10 USC 240a prec.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3839]]
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) <<NOTE: Determination.>> 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) <<NOTE: Notice.>> 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
[[Page 134 STAT. 3840]]
(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.--
[[Page 134 STAT. 3841]]
(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) <<NOTE: Time period.>> 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 <<NOTE: Proposals.>> 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) <<NOTE: Waiver authority. Determination.>> 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. <<NOTE: Notice.>> 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) <<NOTE: Definitions.>> 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.
[[Page 134 STAT. 3842]]
``(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) <<NOTE: Determination.>> 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, <<NOTE: 10 USC 2631 prec.>> 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, <<NOTE: 46
USC 55301 prec.>> is amended by striking the item
relating to section 55301.
(ii) The analysis for chapter 551 of title 46,
United States Code, <<NOTE: 46 USC 55101 prec.>>
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, <<NOTE: 46 USC 55301 prec.>> is amended to read as
follows:
[[Page 134 STAT. 3843]]
``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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Notification.>> 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. <<NOTE: 10 USC 8692.>> Biennial report on
shipbuilder training and the defense industrial
base
`` <<NOTE: Coordination.>> 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. <<NOTE: Analyses.>> Each such
report shall include each of the following:
[[Page 134 STAT. 3844]]
``(1) <<NOTE: Estimate.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: 10 USC 8661 prec.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Appointments. Recommenda- tions.>> In General.--The
Secretary of the Navy and the Secretary of Labor shall jointly establish
and appoint members to a working
[[Page 134 STAT. 3845]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Study. Recommenda- tions.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> Assess whether greater
collaboration with the United States Coast Guard and its
shipbuilding contractors and subcontractors would improve Navy
shipbuilding industrial base
[[Page 134 STAT. 3846]]
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) <<NOTE: Recommenda- tions. Reports.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Consultation. Recommenda- tions.>> 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.
<<NOTE: Time period.>> 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''.
[[Page 134 STAT. 3847]]
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. <<NOTE: Notification.>> 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) <<NOTE: Strategy.>> 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
[[Page 134 STAT. 3848]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Plans.>> 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.''.
[[Page 134 STAT. 3849]]
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. <<NOTE: 10 USC 127f.>> Expenditure of funds for
clandestine activities that support operational
preparation of the environment
``(a) <<NOTE: Determination.>> 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. <<NOTE: Certification.>> 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) <<NOTE: Definitions.>> 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.''.
[[Page 134 STAT. 3850]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 121 prec.>> 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.''.
[[Page 134 STAT. 3851]]
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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3852]]
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) <<NOTE: Deadlines. Public information. Web postings.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary.>> A summary of national ocean
research priorities informed by the Ocean Research Advisory
Panel, as required under section 8933(b)(4) of this title.
[[Page 134 STAT. 3853]]
``(F) <<NOTE: List.>> 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 <<NOTE: Definitions.>> ) 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.--
[[Page 134 STAT. 3854]]
(A) Section heading.--The heading for section 8932
of title 10, United States Code, <<NOTE: 10 USC 8931
prec.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 134 STAT. 3855]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods. Coordination.>> 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;
[[Page 134 STAT. 3856]]
``(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) <<NOTE: Classified information.>> Form of report.--
Each report submitted under this subsection shall be submitted
in unclassified form, but may include a classified annex.''.
(c) <<NOTE: 10 USC 284 note.>> 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) <<NOTE: Determinations.>> 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. <<NOTE: 10 USC 2224 note.>> CONSIDERATIONS RELATING TO
PERMANENTLY BASING UNITED STATES
EQUIPMENT OR ADDITIONAL FORCES IN HOST
COUNTRIES WITH AT-RISK VENDORS IN 5G OR
6G NETWORKS.
(a) <<NOTE: Huawei Technologies Company. ZTE Corporation.>> 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
[[Page 134 STAT. 3857]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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. <<NOTE: 10 USC 122a note.>> PUBLIC AVAILABILITY OF
DEPARTMENT OF DEFENSE LEGISLATIVE
PROPOSALS.
<<NOTE: Deadline. Web posting. Analysis.>> 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. <<NOTE: 10 USC 113 note.>> ARCTIC PLANNING, RESEARCH,
AND DEVELOPMENT.
(a) Arctic Planning and Implementation.--
[[Page 134 STAT. 3858]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Determination. Requirements.>>
Determining requirements for logistics and sustainment
of the Armed Forces operating in the Arctic.
SEC. 1061. <<NOTE: 10 USC 2350o note.>> 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.--
[[Page 134 STAT. 3859]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 2241 note.>> 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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Applicability.>> 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:
[[Page 134 STAT. 3860]]
(1) <<NOTE: China.>> 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 711 prec.>> 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) <<NOTE: Contracts.>> 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
[[Page 134 STAT. 3861]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 3862]]
(2) <<NOTE: Classified information.>> 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) <<NOTE: Recommenda- tions. Assessments.>> 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) <<NOTE: Classified information.>> Form.--The report
under this subsection shall be submitted in unclassified form,
but may include a classified annex.
[[Page 134 STAT. 3863]]
SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE
PACIFIC REGION.
(a) <<NOTE: Coordination. Plan.>> 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) <<NOTE: Classified information.>> Form.--The report under
subsection (a) may be submitted in classified form, and shall include an
unclassified summary.
[[Page 134 STAT. 3864]]
SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL
UNMANNED AIRCRAFT SYSTEMS WORLDWIDE.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Classified information.>> 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) <<NOTE: Assessments.>> 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. <<NOTE: Classified
information.>> 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) <<NOTE: Assessments.>> Elements.--The report required
by paragraph (1) shall include the following:
(A) <<NOTE: Evaluation.>> 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
[[Page 134 STAT. 3865]]
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) <<NOTE: Deadline. Contracts.>> 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:
[[Page 134 STAT. 3866]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Review.>> The status of and review of any
recommendations for resource allocation necessary to achieve
operational JADC2.
[[Page 134 STAT. 3867]]
(6) <<NOTE: Assessment.>> 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) <<NOTE: Estimate. Time period.>> 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) <<NOTE: Cost estimate. Time period.>> An estimate of
the projected costs during the three-year period beginning on
the date of the enactment of this
[[Page 134 STAT. 3868]]
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) <<NOTE: Deadline. Web posting.>> 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) <<NOTE: China.>> 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.--
[[Page 134 STAT. 3869]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Coordination.>> the coordination of
Department of Defense business practices and internal
policies with legislative processes; and
[[Page 134 STAT. 3870]]
(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) <<NOTE: Records.>> 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) <<NOTE: Summary.>> 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, <<NOTE: 10 USC 101 prec.>> 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, <<NOTE: 10 USC 101 prec., 2001 prec.>> 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, <<NOTE: 10 USC 101 prec., 2201 prec.>> 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, <<NOTE: 10 USC 2200g,
2200h, 2200i, 2200j.>> is amended by striking ``sec.'' and
inserting ``Sec. ''.
(B) Each corresponding item in the table of sections at the
beginning of such chapter <<NOTE: 10 USC 2200g prec.>> is
amended by striking ``Sec.'',
[[Page 134 STAT. 3871]]
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 <<NOTE: 10
USC 711 prec.>> 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 <<NOTE: 10 USC 836 prec.>> 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''.
[[Page 134 STAT. 3872]]
(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 <<NOTE: 10
USC 1061 prec.>> 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 <<NOTE: 10
USC 1141 prec.>> 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 <<NOTE: 10 USC 1701 prec.>> 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 <<NOTE: 10
USC 2271 prec.>> 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 <<NOTE: 10
USC 2411 prec.>> chapter 142 is amended by striking the item
relating to section 2417 and inserting the following:
``2417. Administrative and other costs.''.
[[Page 134 STAT. 3873]]
(39) The table of sections at the beginning of <<NOTE: 10
USC 2551 prec.>> 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 <<NOTE: 10 USC 9011 prec.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 1761 note prec.>> 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) <<NOTE: 10 USC 2302
note.>> 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) <<NOTE: 10 USC 397
note.>> is amended by striking ``foreign person'' and inserting
``foreign power''.
(7) Section 1647(b)(3)(A) <<NOTE: 10 USC 2224 note.>> is
amended by striking ``by used'' and inserting ``be used''.
(8) Section 1731(a)(2) (133 Stat. 1812; <<NOTE: 10 USC 2001
prec.>> 10 U.S.C. 101 prec.) is amended by striking ``part I''
and inserting ``part III''.
(9) Section 2801(b)(2) (133 Stat. 1881) <<NOTE: 10 USC 2801
prec.>> is amended by inserting ``subchapter I of'' before
``chapter 169''.
(d) <<NOTE: Effective date. 10 USC 2306a note.>> 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) <<NOTE: 10 USC
2302 note.>> is amended by striking ``commercial-off the-
shelf'' and inserting ``commercially
[[Page 134 STAT. 3874]]
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) <<NOTE: 41 USC 104.>> in subsection (a)(2)(B),
by inserting ``of such title'' after ``Section
104(1)(A)''; and
(B) in subsection (c)--
(i) <<NOTE: 10 USC 2306a.>> 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) <<NOTE: 10 USC
2684a.>> is amended by inserting ``in the matter preceding the
paragraphs'' after ``amended''.
(e) <<NOTE: Effective date. 10 USC 2302 note.>> 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) <<NOTE: 10 USC
1561 note.>> is amended by striking ``Section 831(n)(2)(g)''
and inserting ``Section 831(o)(2)(G)''.
(f) <<NOTE: Effective date.>> 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,''.
[[Page 134 STAT. 3875]]
(3) <<NOTE: 10 USC 2431 note.>> In section 1675(a), by
striking ``Board,,'' and inserting ``Board,''.
(g) <<NOTE: 10 USC 101 note.>> 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. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: District of Columbia. 40 USC 8903 note.>>
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.
[[Page 134 STAT. 3876]]
(d) <<NOTE: List.>> 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
[[Page 134 STAT. 3877]]
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. <<NOTE: 49 USC 40103 note.>> DEPLOYMENT OF REAL-TIME
STATUS OF SPECIAL USE AIRSPACE.
<<NOTE: Deadline. Coordination. Public information.>> 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. <<NOTE: 52 USC 20301a.>> 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. <<NOTE: 49 USC 47501 note.>> MITIGATION OF MILITARY
HELICOPTER NOISE.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Definition.>> 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--
[[Page 134 STAT. 3878]]
(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. <<NOTE: 10 USC 342 note.>> TED STEVENS CENTER FOR
ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Analysis.>> An analysis of suitable
reporting relationships with the applicable combatant
commands.
(D) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 3879]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Classified information.>> Form.--The plan
required by paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
(b) Establishment.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 113 note.>> ESTABLISHMENT OF VETTING
PROCEDURES AND MONITORING REQUIREMENTS
FOR CERTAIN MILITARY TRAINING.
(a) Establishment of Vetting Procedures.--
(1) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3880]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Firearms.>> 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
[[Page 134 STAT. 3881]]
are incorporated into the Insider Threat Program of the
Department of Defense; and
(F) <<NOTE: Firearms.>> 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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 3882]]
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. <<NOTE: 10 USC 2302 note.>> PERSONAL PROTECTIVE
EQUIPMENT MATTERS.
(a) Briefings on Fielding of Newest Generations of PPE to the Armed
Forces.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3883]]
(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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3884]]
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. <<NOTE: 10 USC 1564 note.>> 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
[[Page 134 STAT. 3885]]
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) <<NOTE: Guidelines.>> 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) <<NOTE: Implementation plan.>> 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) <<NOTE: Deadline. 10 USC 1599g note.>> 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--
[[Page 134 STAT. 3886]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Time period.>> 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. <<NOTE: Paid Parental Leave Technical Corrections Act
of 2020. 2 USC 1301 note.>> 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:
[[Page 134 STAT. 3887]]
``(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) <<NOTE: Applicability. 49 USC 40122 note.>> 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) <<NOTE: 49 USC 40122 note.>> 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
[[Page 134 STAT. 3888]]
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) <<NOTE: 38 USC 7425 note.>> 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)''.
[[Page 134 STAT. 3889]]
(2) <<NOTE: 3 USC 412 note.>> 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) <<NOTE: 2 USC 1312 note.>> 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. <<NOTE: 10 USC 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:
[[Page 134 STAT. 3890]]
``(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) <<NOTE: 10 USC 1475 prec.>> 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''.
[[Page 134 STAT. 3891]]
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. <<NOTE: 10 USC 1580 note prec.>> 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. <<NOTE: 10 USC 8013 note.>> FIRE FIGHTERS ALTERNATIVE
WORK SCHEDULE DEMONSTRATION PROJECT FOR
THE NAVY REGION MID-ATLANTIC FIRE AND
EMERGENCY SERVICES.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Commander, Navy Region Mid-
[[Page 134 STAT. 3892]]
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
[[Page 134 STAT. 3893]]
(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. <<NOTE: 5 USC 6304 note.>> 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)--
[[Page 134 STAT. 3894]]
(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, <<NOTE: 5 USC
5701 prec.>> 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 3895]]
``(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) <<NOTE: 10 USC 1701 prec.>> 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) <<NOTE: 10 USC 1701 note.>> 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 3896]]
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) <<NOTE: 10 USC 2351 prec.>> 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) <<NOTE: 10 USC 2358 note.>> 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.
[[Page 134 STAT. 3897]]
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. <<NOTE: 10 USC 1580 note prec.>> 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.
[[Page 134 STAT. 3898]]
(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. <<NOTE: 10 USC 1599i.>> Recruitment incentives for
placement at remote locations
``(a) Recruitment Incentive.--
[[Page 134 STAT. 3899]]
``(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) <<NOTE: 10 USC 1599i note.>> 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) <<NOTE: Assessments.>> 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--
[[Page 134 STAT. 3900]]
(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, <<NOTE: 10 USC 1580 prec.>>
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) <<NOTE: 5 USC 5724b.>> 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 <<NOTE: Elijah E. Cummings Federal Employee Anti-
discrimination Act of 2020.>> B--Elijah E. Cummings Federal Employee
Antidiscrimination Act of 2020
SEC. <<NOTE: 5 USC 101 note.>> 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) <<NOTE: Deadline.>> In general.--Not later than 90
days after the date on which an event described in paragraph (2)
occurs with
[[Page 134 STAT. 3901]]
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) <<NOTE: 5 USC 2301 note.>> 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) <<NOTE: 5 USC 2301 note.>> 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
[[Page 134 STAT. 3902]]
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)''.
[[Page 134 STAT. 3903]]
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 <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3904]]
``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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Summary.>> a brief summary of
each referral described in clause (i).
``(b) <<NOTE: Review.>> 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.''.
[[Page 134 STAT. 3905]]
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.
[[Page 134 STAT. 3906]]
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.
[[Page 134 STAT. 3907]]
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.
[[Page 134 STAT. 3908]]
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. <<NOTE: 10 USC 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--
[[Page 134 STAT. 3909]]
``(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.
[[Page 134 STAT. 3910]]
``(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) <<NOTE: 10 USC 2350a prec.>> 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. <<NOTE: 10 USC 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--
[[Page 134 STAT. 3911]]
``(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) <<NOTE: 10 USC 2350a prec.>> 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 3912]]
``(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) <<NOTE: 10 USC 2350a prec.>> 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'';
[[Page 134 STAT. 3913]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 341 prec.>> 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
[[Page 134 STAT. 3914]]
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) <<NOTE: President.>> 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) <<NOTE: Summary.>> 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''.
[[Page 134 STAT. 3915]]
(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. <<NOTE: 22 USC 2347.>> 1210C. PLAN TO INCREASE PARTICIPATION
IN INTERNATIONAL MILITARY EDUCATION
AND TRAINING PROGRAMS.
(a) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 3916]]
(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. <<NOTE: 22 USC 2656 note.>> 1210D. MITIGATION AND PREVENTION
OF ATROCITIES IN HIGH-RISK COUNTRIES.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Applicability.>> 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
[[Page 134 STAT. 3917]]
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. <<NOTE: 10 USC 113 note.>> 1210E. IMPLEMENTATION OF THE
WOMEN, PEACE, AND SECURITY ACT OF
2017.
(a) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3918]]
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. <<NOTE: Deadline.>> --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
[[Page 134 STAT. 3919]]
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:
[[Page 134 STAT. 3920]]
``(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
[[Page 134 STAT. 3921]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> 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;
[[Page 134 STAT. 3922]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Update.>> An update on the status of any United
States citizens detained in Afghanistan and an overview of
Administration efforts to secure their release.
(4) <<NOTE: Time period.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: President.>> Waiver.--The President may waive the
limitation under subsection (a) if the President submits to the
appropriate congressional committees--
(1) <<NOTE: Determination.>> 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'';
[[Page 134 STAT. 3923]]
(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) <<NOTE: Definitions.>> 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) <<NOTE: 22 USC 2459 note.>> 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
[[Page 134 STAT. 3924]]
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) <<NOTE: Deadlines.>> Oversight of Peace Process and Other
Agreements.--
(1) <<NOTE: Consultations. Certification.>> 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) <<NOTE: President.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 3925]]
(ii) Whether the United States intelligence
community has collected intelligence indicating
the Taliban does not intend to uphold its
commitments.
(iii) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> an analysis
of resources provided by the Government
of Afghanistan for such efforts; and
(II) <<NOTE: Summary.>> 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.
[[Page 134 STAT. 3926]]
(3) <<NOTE: Classified information.>> 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) <<NOTE: Consultation. Deadline.>> 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) <<NOTE: Assessments.>> Civilian casualties.--
``(A) <<NOTE: Analysis.>> 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
[[Page 134 STAT. 3927]]
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) <<NOTE: Data.>> 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) <<NOTE: List.>> 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.
[[Page 134 STAT. 3928]]
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) <<NOTE: 10 USC 221 note.>> 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) <<NOTE: List.>> 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;
[[Page 134 STAT. 3929]]
(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) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3930]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Plans.>> 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:
[[Page 134 STAT. 3931]]
``(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) <<NOTE: Timeline.>> outlines the process and
provides a timeline for validating billets funded by the
Department of State necessary to support the Office.
``(2) <<NOTE: Reports. Time period.>> 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. <<NOTE: 10 USC 221 note.>> 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) <<NOTE: List.>> a list and description of activities
and exercises carried out under the operation during the prior
fiscal year;
(3) <<NOTE: Assessment.>> 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;
[[Page 134 STAT. 3932]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3933]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Records.>> 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
[[Page 134 STAT. 3934]]
to the appropriate congressional committees copies of the
agreements described in paragraph (1)(A).
(c) Report.--
(1) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3935]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3936]]
(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) <<NOTE: Determination.>> determines that a waiver is in
the national security interest of the United States; and
(2) <<NOTE: Notification.>> 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. <<NOTE: Assessments.>> ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE
RUSSIAN FEDERATION.
(a) <<NOTE: Consultation. Classified information.>> 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) <<NOTE: Summary.>> A summary of all significant
Russian military-to-military cooperation with foreign
militaries, major training and
[[Page 134 STAT. 3937]]
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) <<NOTE: Analysis.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Summary. Time period.>> 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.
[[Page 134 STAT. 3938]]
(21) <<NOTE: Time period.>> 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) <<NOTE: List. Notifications.>> 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) <<NOTE: Web posting.>> 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:
[[Page 134 STAT. 3939]]
``(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. <<NOTE: Assessments.>> 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.).
[[Page 134 STAT. 3940]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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);
[[Page 134 STAT. 3941]]
(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) <<NOTE: Classified information.>> 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. <<NOTE: Assessments.>> REPORT ON RUSSIAN FEDERATION
SUPPORT OF RACIALLY AND ETHNICALLY
MOTIVATED VIOLENT EXTREMISTS.
(a) <<NOTE: Consultation.>> 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) <<NOTE: List. Criteria.>> 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.
[[Page 134 STAT. 3942]]
(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) <<NOTE: Recommenda- tions.>> Recommendations,
consistent with a whole-of-government approach to countering
Russian Federation information warfare and malign influence
operations--
[[Page 134 STAT. 3943]]
(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) <<NOTE: Classified information.>> 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,
[[Page 134 STAT. 3944]]
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. <<NOTE: 22 USC 9525 note.>> 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) <<NOTE: Deadline. President.>> Imposition of Sanctions.--Not
later than 30 days after the date of the enactment of this Act, the
President shall impose
[[Page 134 STAT. 3945]]
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) <<NOTE: President. Certification.>> 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
[[Page 134 STAT. 3946]]
(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) <<NOTE: President.>> National Interest Waiver.--The President
may waive the application of sanctions under this section with respect
to a person if the President--
``(1) <<NOTE: Determination.>> determines that the waiver
is in the national interests of the United States; and
``(2) <<NOTE: Reports.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3947]]
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) <<NOTE: President. Certification. Deadline. 22 USC 9526 note.>>
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;
[[Page 134 STAT. 3948]]
(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
[[Page 134 STAT. 3949]]
(B) to maintain a robust military presence in
Germany so as to deter aggression against the United
States and its allies and partners.
(b) <<NOTE: Deadline. Assessment. Analyses.>> 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.
[[Page 134 STAT. 3950]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 3951]]
(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) <<NOTE: 10 USC 113 note.>> 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:
[[Page 134 STAT. 3952]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Summary.>> A summary of progress made towards
achieving the purposes of the Initiative.
(3) <<NOTE: Summary.>> 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).
[[Page 134 STAT. 3953]]
(5) A detailed explanation of any significant modifications
to such requirements, as compared to plans previously submitted
under this subsection.
(6) <<NOTE: Determination.>> 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;
[[Page 134 STAT. 3954]]
(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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3955]]
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) <<NOTE: Determination. Deadline.>> 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. <<NOTE: 10 USC 113 note.>> 1254. COOPERATIVE PROGRAM WITH
VIETNAM TO ACCOUNT FOR VIETNAMESE
PERSONNEL MISSING IN ACTION.
(a) <<NOTE: Coordination.>> 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;
[[Page 134 STAT. 3956]]
(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. <<NOTE: 10 USC 333 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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;
[[Page 134 STAT. 3957]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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--
[[Page 134 STAT. 3958]]
(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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 1522 note.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3959]]
(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) <<NOTE: Summary.>> a summary of
alternative actions the Secretary plans to take to
address the conditions underlying the
recommendation.
SEC. 1260. <<NOTE: 22 USC 3301 note.>> 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,
[[Page 134 STAT. 3960]]
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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3961]]
(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 <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3962]]
and material resources, and reliance on the industrial base of
the United States or United States allies and partners;
(3) <<NOTE: Evaluation.>> 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) <<NOTE: Reports.>> 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.
[[Page 134 STAT. 3963]]
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) <<NOTE: Deadline. President.>> 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.
[[Page 134 STAT. 3964]]
(5) <<NOTE: Recommenda- tions.>> Recommendations consistent
with a whole-of-government approach to countering such
industrial espionage and cyber theft.
(c) Update.--
(1) <<NOTE: Deadline. President. Summaries.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> 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
[[Page 134 STAT. 3965]]
United States and other countries, consistent with the
protection of the civil rights, civil liberties, and privacy of
all Americans; and
(5) <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 113 note.>> 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
[[Page 134 STAT. 3966]]
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;
[[Page 134 STAT. 3967]]
(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 <<NOTE: Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020.>> G--Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020
SEC. 1261. <<NOTE: 22 USC 10001 note.>> SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020''.
SEC. <<NOTE: 22 USC 10001.>> 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
[[Page 134 STAT. 3968]]
(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. <<NOTE: 22 USC 10002.>> 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
[[Page 134 STAT. 3969]]
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. <<NOTE: 22 USC 10003.>> 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,
[[Page 134 STAT. 3970]]
$20,000,000 is authorized to be appropriated for each such fiscal year
to carry out this section.
SEC. 1265. <<NOTE: 22 USC 10004.>> 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. <<NOTE: 22 USC 10005.>> 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
[[Page 134 STAT. 3971]]
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. <<NOTE: 22 USC 10006.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 3972]]
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. <<NOTE: President. 22 USC 10007.>>
1268. <<NOTE: Determination.>>
SUSPENSION OF ASSISTANCE.
(a) <<NOTE: Determination.>> 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. <<NOTE: 22 USC 10008.>> 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.
[[Page 134 STAT. 3973]]
(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) <<NOTE: Deadline. Time period. Consultation.>> 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.
[[Page 134 STAT. 3974]]
SEC. 1270. <<NOTE: 22 USC 10009.>> 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. <<NOTE: President. Certifications. 22 USC 10010.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> 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
[[Page 134 STAT. 3975]]
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) <<NOTE: Classified information.>> 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) <<NOTE: Determination.>> the date on which the
President determines that a successful rotation of military to
civilian leadership in the Sovereignty Council has occurred.
SEC. <<NOTE: President. 22 USC 10011.>> 1270B. REPORTS.
(a) <<NOTE: Time period.>> 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--
[[Page 134 STAT. 3976]]
(1) <<NOTE: Summary.>> 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) <<NOTE: Update.>> 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) <<NOTE: Analysis.>> 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
[[Page 134 STAT. 3977]]
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) <<NOTE: Classified information.>> Form.--The reports required
under subsections (b) and (c) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 1270C. <<NOTE: Coordination. 22 USC 10012.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> an assessment of security sector
reforms undertaken by the Government of Sudan, including efforts
to demobilize
[[Page 134 STAT. 3978]]
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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: United States-Israel Security Assistance
Authorization Act of 2020.>> --United States Israel Security Assistance
Authorization Act of 2020
SEC. <<NOTE: 22 USC 2151 note.>> 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.
[[Page 134 STAT. 3979]]
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. <<NOTE: 22 USC 2321h note.>> 1275. RULES GOVERNING THE
TRANSFER OF PRECISION-GUIDED MUNITIONS
TO ISRAEL ABOVE THE ANNUAL RESTRICTION.
(a) <<NOTE: President.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determinations.>> Certification.--
(1) <<NOTE: President. Deadline.>> 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) <<NOTE: President. Deadline.>> 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--
[[Page 134 STAT. 3980]]
(A) certify to the appropriate congressional
committees that the transfer supports the national
security interests of the United States; and
(B) <<NOTE: Assessment.>> 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. <<NOTE: Deadline. Briefing.>> 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).
[[Page 134 STAT. 3981]]
SEC. 1277. <<NOTE: 22 USC 8606 note.>> 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. <<NOTE: 22 USC 2151 note.>> 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)--
[[Page 134 STAT. 3982]]
(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. <<NOTE: 22 USC 8606 note.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Recommenda- tion.>> 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. <<NOTE: 22 USC 8607.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3983]]
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) <<NOTE: Requirement.>> 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) <<NOTE: President.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3984]]
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) <<NOTE: Reports.>> 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.
[[Page 134 STAT. 3985]]
(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. <<NOTE: 22 USC 2321h note.>> 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 <<NOTE: Global Child Thrive Act of 2020.>> I--Global Child
Thrive Act of 2020
SEC. <<NOTE: 22 USC 2151 note.>> 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. <<NOTE: 22 USC 2152k.>> 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;
[[Page 134 STAT. 3986]]
``(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
[[Page 134 STAT. 3987]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline. Coordination.>> 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;
[[Page 134 STAT. 3988]]
``(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) <<NOTE: Coordination.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3989]]
``(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. <<NOTE: 22 USC 2152f note.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 3990]]
(C) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> A detailed assessment of
the anticipated effect that such a reduction would have
on military and intelligence efforts in the AFRICOM AOR.
(2) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3991]]
SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF
THE ARMED FORCES PARTICIPATING IN THE
MULTINATIONAL FORCE AND OBSERVERS IN
EGYPT.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 3992]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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 <<NOTE: Deadline. Consultation.>> Required.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of State, in consultation
[[Page 134 STAT. 3993]]
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) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 3994]]
(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) <<NOTE: 22 USC 2151 note.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 3995]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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;
[[Page 134 STAT. 3996]]
(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) <<NOTE: Evaluation. Determination.>> 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.
[[Page 134 STAT. 3997]]
(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. <<NOTE: 10 USC 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
[[Page 134 STAT. 3998]]
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) <<NOTE: 10 USC 7591 prec.>> 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) <<NOTE: Deadline. Summary.>> 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.
[[Page 134 STAT. 3999]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4000]]
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) <<NOTE: List.>> 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) <<NOTE: Updates. Consultation.>> 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.
[[Page 134 STAT. 4001]]
``(9)(A) <<NOTE: List.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4002]]
``(C) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4003]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 4004]]
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) <<NOTE: Classified information.>> 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. <<NOTE: 22 USC 2656j.>> 1299F. COUNTERING WHITE IDENTITY
TERRORISM GLOBALLY.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 4005]]
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) <<NOTE: Plans.>> 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) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 4006]]
or entities the Secretary of State considers a potential
terrorist threat to the United States.
(7) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> Implementation.--Not later than three
months after the submission of the strategy, the Secretary of State
shall begin implementing the strategy.
(g) <<NOTE: Deadline.>> 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) <<NOTE: President. Determinations.>> 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),
[[Page 134 STAT. 4007]]
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) <<NOTE: Classified information.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 4008]]
(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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 4009]]
(3) <<NOTE: Classified information.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Analyses.>> Elements.--
(1) In general.--Each study required by subsection (a) shall
do the following:
(A) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4010]]
(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) <<NOTE: Classified information.>> 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,
[[Page 134 STAT. 4011]]
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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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.
[[Page 134 STAT. 4012]]
SEC. <<NOTE: 10 USC 113 note.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 342 note.>> FUNCTIONAL CENTER FOR
SECURITY STUDIES IN IRREGULAR WARFARE.
(a) Report Required.--
(1) <<NOTE: Consultation. Assessments.>> 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:
[[Page 134 STAT. 4013]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Criteria. Determination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Classified information.>> Form.--The report
required by paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
(b) Establishment.--
[[Page 134 STAT. 4014]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Consultation.>> 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).
[[Page 134 STAT. 4015]]
(d) Reports.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: List.>> 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) <<NOTE: Classified information. Determination.>>
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
[[Page 134 STAT. 4016]]
(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. <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 6208a.>> 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
[[Page 134 STAT. 4017]]
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
[[Page 134 STAT. 4018]]
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) <<NOTE: Review. Update.>> 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) <<NOTE: Review.>> 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) <<NOTE: Contracts.>> 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
[[Page 134 STAT. 4019]]
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) <<NOTE: Assessment.>> 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:
[[Page 134 STAT. 4020]]
``(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) <<NOTE: 22 USC 6203 note.>> 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--
[[Page 134 STAT. 4021]]
(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')
[[Page 134 STAT. 4022]]
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) <<NOTE: Appointments. President.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 4023]]
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) <<NOTE: President. Appointments.>> 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
[[Page 134 STAT. 4024]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: 22 USC 6203.>> in section 304--
[[Page 134 STAT. 4025]]
(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) <<NOTE: 22 USC 6204.>> 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) <<NOTE: 22 USC 6207.>> 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) <<NOTE: 22 USC 6208.>> 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) <<NOTE: 22 USC 6209.>> in section 310(d), by striking
``Board'' and inserting ``Agency'';
(6) <<NOTE: 22 USC 6209a.>> in section 310A(a), by striking
``Broadcasting Board of Governors'' and inserting ``United
States Agency for Global Media'';
(7) <<NOTE: 22 USC 6209b.>> in section 310B, by striking
``Board'' and inserting ``Agency'';
(8) <<NOTE: 22 USC 6211.>> by striking section 312;
(9) <<NOTE: 22 USC 6212.>> in section 313(a), in the matter
preceding paragraph (1), by striking ``Board'' and inserting
``Agency'';
(10) <<NOTE: 22 USC 6213.>> in section 314--
[[Page 134 STAT. 4026]]
(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) <<NOTE: Definitions.>> 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) <<NOTE: 22 USC 6216.>> 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
[[Page 134 STAT. 4027]]
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) <<NOTE: Plan.>> 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).''.
[[Page 134 STAT. 4028]]
(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) <<NOTE: Definition.>> 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) <<NOTE: 22 USC 7104 note.>> 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. <<NOTE: 10 USC 101 note.>> RULE OF CONSTRUCTION
RELATING TO USE OF MILITARY FORCE.
Nothing in this Act or any amendment made by this Act may be
construed to authorize the use of military force.
[[Page 134 STAT. 4029]]
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.
[[Page 134 STAT. 4030]]
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:
[[Page 134 STAT. 4031]]
``(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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4032]]
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) <<NOTE: Plan.>> 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).
[[Page 134 STAT. 4033]]
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.
[[Page 134 STAT. 4034]]
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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4035]]
(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.--
[[Page 134 STAT. 4036]]
(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) <<NOTE: List.>> a list of any equipment
accepted during such period and treated as stocks
of the Department of Defense; and
(ii) <<NOTE: Records.>> 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;
[[Page 134 STAT. 4037]]
(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) <<NOTE: Deadline. Consultation.>> 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;
[[Page 134 STAT. 4038]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Deadline. Coordination.>>
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
[[Page 134 STAT. 4039]]
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) <<NOTE: Notification. Deadline.>> notify
the congressional defense committees not later
than 30 days before withholding such funds and
indicate each specific area of insufficient
progress.
(C) <<NOTE: Determination. Coordination. Certification. D
eadline.>> 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.
[[Page 134 STAT. 4040]]
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.
[[Page 134 STAT. 4041]]
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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4042]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 9081 prec.>> 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) <<NOTE: 10 USC 9084 note.>> Transition.--
(1) <<NOTE: Effective date.>> 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. <<NOTE: Termination date.>> 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);
[[Page 134 STAT. 4043]]
(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) <<NOTE: 10 USC 2534 note.>> 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) <<NOTE: 10 USC 2534 note.>> 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
[[Page 134 STAT. 4044]]
(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) <<NOTE: Effective date.>> 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) <<NOTE: Plan.>> 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. <<NOTE: 10 USC 2273.>> 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) <<NOTE: Deadline. Determination.>> 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
[[Page 134 STAT. 4045]]
(B) <<NOTE: Notification.>> notify the appropriate
congressional committees that such design validation has
been completed.
(2) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> Technology development investment
strategy.--Not later than March 15, 2021, the Secretary shall
submit
[[Page 134 STAT. 4046]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> The term ``phase two contract''
means a contract awarded during fiscal year 2020 using
competitive procedures
[[Page 134 STAT. 4047]]
for launch missions ordered under the National Security Space
Launch program during fiscal years 2020 through 2024.
SEC. 1607. <<NOTE: 10 USC 2271 note.>> COMMERCIAL SPACE DOMAIN
AWARENESS CAPABILITIES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Coordination. Time period.>> 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. <<NOTE: 10 USC 2273 note.>> 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
[[Page 134 STAT. 4048]]
(5) full and open competition, including small launch
providers and rideshare opportunities.
SEC. 1609. <<NOTE: 10 USC 2271 note.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Briefing.>> 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. <<NOTE: 10 USC 2281 note.>> RESILIENT AND SURVIVABLE
POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES.
(a) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4049]]
(3) integrate and deploy such equipment into the prioritized
operational systems, platforms, and weapons systems.
(b) Plan.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 10 USC 441 note.>> 1612. LEVERAGING COMMERCIAL
SATELLITE REMOTE SENSING.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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-
[[Page 134 STAT. 4050]]
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. <<NOTE: Deadlines. Consultations.>> STRATEGY TO
STRENGTHEN CIVIL AND NATIONAL SECURITY
CAPABILITIES AND OPERATIONS IN SPACE.
(a) <<NOTE: President.>> 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) <<NOTE: Time period.>> 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;
[[Page 134 STAT. 4051]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> Form.--The report
required under paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
(b) Strategy.--
(1) In <<NOTE: Deadline. President. Consultation.>>
general.--Not later than one year after the date on which the
National Space Council submits the report under
[[Page 134 STAT. 4052]]
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) <<NOTE: Coordination.>> coordinate with
international allies and partners in space.
(2) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 4053]]
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) <<NOTE: 10 USC 451 prec.>> 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) <<NOTE: 10 USC 451 prec.>> 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) <<NOTE: 10 USC 451 prec.>> 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:
[[Page 134 STAT. 4054]]
``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) <<NOTE: 10 USC 451 prec.>> 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) <<NOTE: 10 USC 441 prec.>> 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) <<NOTE: Coordination. Contracts.>> 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
[[Page 134 STAT. 4055]]
respect to climate security, and consider viable solutions to
address such gaps; and
(5) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4056]]
(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. <<NOTE: 50 USC 3161 note.>> EFFICIENT USE OF SENSITIVE
COMPARTMENTED INFORMATION FACILITIES.
Not <<NOTE: Deadline. Consultation.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Deadlines. Time period.>> 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) <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 4057]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 2757.>> 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
[[Page 134 STAT. 4058]]
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) <<NOTE: Determination.>> 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) <<NOTE: Appendix.>> 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) <<NOTE: Review.>> review the budget request
transmitted to the Council under paragraph (1);
``(B) <<NOTE: Determination.>> 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) <<NOTE: Records.>> a copy of the
written description submitted by the Council to
the Secretary under subsection (a)(2)(B)(i), if
any.''.
[[Page 134 STAT. 4059]]
(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. <<NOTE: Deadlines.>> INDEPENDENT STUDY ON NUCLEAR
WEAPONS PROGRAMS OF CERTAIN FOREIGN
COUNTRIES.
(a) <<NOTE: Contracts.>> 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.
[[Page 134 STAT. 4060]]
(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
[[Page 134 STAT. 4061]]
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) <<NOTE: Briefing.>> 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).
[[Page 134 STAT. 4062]]
(d) <<NOTE: Assessment.>> 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). <<NOTE: Assessment.>> 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) <<NOTE: Determination. Consultation.>> 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
[[Page 134 STAT. 4063]]
and the Chief of Space Operations, shall develop and procure a
hypersonic and ballistic missile tracking space sensor payload.
(b) Primary Responsibility.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> submit to the
congressional defense committees a certification of such
assignment.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Estimates.>> 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
[[Page 134 STAT. 4064]]
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) <<NOTE: Deadline. Coordination.>> 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
[[Page 134 STAT. 4065]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Update.>> an updated schedule
for the development and deployment of such next-
generation interceptor.
[[Page 134 STAT. 4066]]
(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. <<NOTE: Deadlines.>> 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--
[[Page 134 STAT. 4067]]
(1) <<NOTE: Certification.>> 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) <<NOTE: Briefing.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 4068]]
(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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4069]]
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. <<NOTE: Certifications.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 4070]]
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) <<NOTE: Contracts.>> 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
[[Page 134 STAT. 4071]]
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) <<NOTE: Assessment>> 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) <<NOTE: Study.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Plan.>> A plan of how such programs would be
used to counter such threats with an initial operational
capability by 2025.
(3) <<NOTE: Plan.>> A plan of which programs currently in
development but not yet deployed could enhance or substitute for
existing
[[Page 134 STAT. 4072]]
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) <<NOTE: Assessments.>> 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--
[[Page 134 STAT. 4073]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 2281 note.>> 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
[[Page 134 STAT. 4074]]
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. <<NOTE: 10 USC 2281 note.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation. Recommenda- tion.>>
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.
[[Page 134 STAT. 4075]]
(B) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Compliance.>> 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
[[Page 134 STAT. 4076]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Analysis.>> 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
[[Page 134 STAT. 4077]]
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) <<NOTE: Classified information.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4078]]
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 <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 4079]]
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
[[Page 134 STAT. 4080]]
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) <<NOTE: Deadlines. President.>> 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
[[Page 134 STAT. 4081]]
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) <<NOTE: Updates.>> 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--
[[Page 134 STAT. 4082]]
``(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
[[Page 134 STAT. 4083]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Reviews. Assessments.>> 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;
[[Page 134 STAT. 4084]]
``(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) <<NOTE: Assessments.>> A comprehensive force
structure assessment of the Cyber Operations Forces of the
Department for the posture review period, including the
following:
``(A) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> An assessment of whether the
Cyber Mission Force has the appropriate level of
interoperability, integration, and interdependence with special
operations and conventional forces.
``(10) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> 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:
[[Page 134 STAT. 4085]]
``(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) <<NOTE: 10 USC 1599h note.>> 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;
[[Page 134 STAT. 4086]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4087]]
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.-- <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4088]]
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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 4089]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: President.>> 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.
[[Page 134 STAT. 4090]]
``(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) <<NOTE: 10 USC 391 note.>> 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), <<NOTE: 132 Stat.
2140.>> 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'';
[[Page 134 STAT. 4091]]
(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);
[[Page 134 STAT. 4092]]
``(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. <<NOTE: 6 USC 665b.>> 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;
[[Page 134 STAT. 4093]]
``(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) <<NOTE: Contracts.>> 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.
[[Page 134 STAT. 4094]]
``(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
[[Page 134 STAT. 4095]]
``(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) <<NOTE: Applicability.>> 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) <<NOTE: Procedures. Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4096]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4097]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Guidelines.>> Guidelines on how
entities contacted by the Director may respond to notice
of a subpoena.
[[Page 134 STAT. 4098]]
``(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) <<NOTE: 6 USC 659 note.>> 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--
[[Page 134 STAT. 4099]]
(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. <<NOTE: 6 USC 665c.>> 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
[[Page 134 STAT. 4100]]
risks in the United States and reducing the impact of cyber
threats to non-Federal entities.
``(c) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines. 6 USC 665c note.>> 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) <<NOTE: 6 USC 665c note.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4101]]
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) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 4102]]
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. <<NOTE: 6 USC 665e.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 4103]]
``(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) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Web
posting. Deadline. Update.>> 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.--
[[Page 134 STAT. 4104]]
``(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) <<NOTE: Requirement.>> 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) <<NOTE: Deadline. Determination.>> In
general.--Not later than 60 days after the date on which
a member is first appointed to the Advisory Committee
and before the member is granted access to any
classified information, the Director shall determine,
for the purposes of the Advisory Committee, if the
member should be restricted from reviewing, discussing,
or possessing classified information.
``(B) Access.--Access to classified materials shall
be managed in accordance with Executive Order No. 13526
of December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive Order.
``(C) Protections.--A member of the Advisory
Committee shall protect all classified information in
accordance with the applicable requirements for the
particular level of classification of such information.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to affect the security
clearance of a member of the Advisory Committee or the
authority of a Federal agency to provide a member of the
Advisory Committee access to classified information.
``(6) Chairperson.--The Advisory Committee shall select,
from among the members of the Advisory Committee--
``(A) a member to serve as chairperson of the
Advisory Committee; and
``(B) a member to serve as chairperson of each
subcommittee of the Advisory Committee established under
subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director shall establish
subcommittees within the Advisory Committee to address
cybersecurity issues, which may include the following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
[[Page 134 STAT. 4105]]
``(D) Public and private partnerships.
``(2) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4106]]
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:
`` <<NOTE: 6 USC 665f.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4107]]
``(2) Contents.--Each briefing conducted under paragraph (1)
shall include--
``(A) <<NOTE: Estimate.>> 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. <<NOTE: 10 USC 394 note.>> 1720. FRAMEWORK FOR CYBER HUNT
FORWARD OPERATIONS.
(a) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4108]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 134 STAT. 4109]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4110]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 394 note.>> 1723. TAILORED CYBERSPACE
OPERATIONS ORGANIZATIONS.
(a) Study.--
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Examination.>> An examination of
NCWDG's structure, manning, authorities, funding, and
operations.
(B) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Briefing.>> 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
[[Page 134 STAT. 4111]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> 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.
[[Page 134 STAT. 4112]]
(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) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Plan. Coordination.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: 32 USC 901 note.>> 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.--
[[Page 134 STAT. 4113]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Consultation.>> The conduct, in consultation
with the Secretary of Homeland Security and the Director of the
Federal Bureau
[[Page 134 STAT. 4114]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Summary.>> A summary of the assessment
performed prior to the commencement of the pilot program
in accordance with subsection (b).
(C) <<NOTE: Summary.>> 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) <<NOTE: Assessment.>> An assessment of the
effectiveness of the pilot program, and of the
capability described in subsection (c)(1) under the
pilot program.
[[Page 134 STAT. 4115]]
(E) A description of costs associated with the
implementation and conduct of the pilot program.
(F) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Estimate costs.>> An estimate of the
costs of making the pilot program permanent and
expanding it nationwide in accordance with the
recommendation in subparagraph (F).
(H) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 10 USC 1599f note.>> Resources for Cyber Education.--
(1) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4116]]
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) <<NOTE: 10 USC 2224 note.>> Improving the Training With
Industry Program.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> Recommendations
regarding how to improve and better utilize such
programs, including regarding individuals who have
completed such programs.
(B) <<NOTE: Plan.>> An implementation plan to carry
out such recommendations.
(2) <<NOTE: Deadline. Notification. Determinations.>>
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) <<NOTE: Reports.>> 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) <<NOTE: Recommenda- tions.>> 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.--
[[Page 134 STAT. 4117]]
(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. <<NOTE: 10 USC 2224 note.>> 1727. REPORTING REQUIREMENTS FOR
CROSS DOMAIN INCIDENTS AND EXEMPTIONS TO
POLICIES FOR INFORMATION TECHNOLOGY.
(a) Incident Reporting.--
(1) <<NOTE: Effective date.>> 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. <<NOTE: Notification. Time period.>> 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.
[[Page 134 STAT. 4118]]
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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 32 USC 901 note.>> 1729. CYBER CAPABILITIES AND
INTEROPERABILITY OF THE NATIONAL GUARD.
(a) Evaluation.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Consultation. Determinations.>> 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
[[Page 134 STAT. 4119]]
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) <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4120]]
to the congressional defense committees an evaluation of reserve models
tailored to the support of cyberspace operations for the Department.
(b) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 4121]]
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,
[[Page 134 STAT. 4122]]
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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4123]]
(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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> 1733. PILOT PROGRAM ON
CYBERSECURITY CAPABILITY METRICS.
(a) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4124]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> In General.--Not later than March 1, 2021,
the Chief Information Officer of the Department of Defense shall conduct
comprehensive assessments as follows:
[[Page 134 STAT. 4125]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> 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;
[[Page 134 STAT. 4126]]
(2) <<NOTE: Procedures.>> 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) <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline. Consultation.>> 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
[[Page 134 STAT. 4127]]
and the Committee on Armed Services of the House of Representatives on
the assessment.
SEC. 1737. <<NOTE: 10 USC 2224 note.>> ASSESSMENT ON DEFENSE
INDUSTRIAL BASE PARTICIPATION IN A
THREAT INFORMATION SHARING PROGRAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Requirements.>> 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.
[[Page 134 STAT. 4128]]
(9) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Waiver. Criteria.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Plans.>> such implementation plans as the
Secretary may have arising from such findings.
[[Page 134 STAT. 4129]]
(e) <<NOTE: Determination.>> 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. <<NOTE: Deadline. Regulations.>> 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. <<NOTE: 10 USC 2224 note.>> 1738. ASSISTANCE FOR SMALL
MANUFACTURERS IN THE DEFENSE INDUSTRIAL
SUPPLY CHAIN ON MATTERS RELATING TO
CYBERSECURITY.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Consultation. Web posting.>> 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) <<NOTE: Analysis.>> 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:
[[Page 134 STAT. 4130]]
(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. <<NOTE: 10 USC 2224 note.>> 1739. ASSESSMENT ON DEFENSE
INDUSTRIAL BASE CYBERSECURITY THREAT
HUNTING PROGRAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Analysis.>> Collection and analysis of
metadata on network activity to detect possible
intrusions.
(B) <<NOTE: Investigation.>> Rapid investigation
and remediation of possible intrusions.
(C) <<NOTE: Requirements.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Waiver. Criteria.>> Waiver authority
and criteria.
(E) Consideration of a tiered cybersecurity threat
hunting program that takes into account the following:
[[Page 134 STAT. 4131]]
(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) <<NOTE: Timeline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Plans.>> such implementation plans as the
Secretary may have arising from such findings.
(e) <<NOTE: Determination.>> 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. <<NOTE: Deadline. Regulations.>> 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.
[[Page 134 STAT. 4132]]
SEC. 1740. <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> 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,
[[Page 134 STAT. 4133]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment. Reports.>> 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. <<NOTE: Determination.>> The report
[[Page 134 STAT. 4134]]
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) <<NOTE: Review. Briefing.>> 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) <<NOTE: Assessment. Reports.>> 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) <<NOTE: Coordination. Plan.>> 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
[[Page 134 STAT. 4135]]
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. <<NOTE: Timeline.>>
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 <<NOTE: Expiration date.>> 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. <<NOTE: 6 USC 651 note.>> NATIONAL CYBER EXERCISES.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Consultation.>> 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) <<NOTE: Coordination. Plan. Deadline.>> 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.
[[Page 134 STAT. 4136]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4137]]
(2) Contents.--Each briefing required under paragraph (1)
shall include--
(A) <<NOTE: Assessment.>> an assessment of the
decision and response gaps observed in the exercise at
issue;
(B) <<NOTE: Recommenda- tions.>> proposed
recommendations to improve the resilience, response, and
recovery of the United States to a significant cyber
attack against critical infrastructure; and
(C) <<NOTE: Plans.>> 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.
[[Page 134 STAT. 4138]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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.--
[[Page 134 STAT. 4139]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Recommenda- tions. Budget proposals.>>
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--
[[Page 134 STAT. 4140]]
(i) forces assigned to United States Cyber
Command; and
(ii) Cyber Operations Forces assigned to other
unified combatant commands.
(3) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Criteria.>> The methodology and criteria by
which the Secretary will characterize equipment as being Cyber
Operations Forces-peculiar.
SEC. <<NOTE: Deadlines. 10 USC 499 note.>> 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;
[[Page 134 STAT. 4141]]
(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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> An analysis of the
capabilities and performance of the program as compared
to alternative solutions utilizing commercial products
and services.
(C) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4142]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Proposal.>> 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:
[[Page 134 STAT. 4143]]
``(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. <<NOTE: 10 USC 1599h note.>> 1751. GUIDANCE AND DIRECTION ON
USE OF DIRECT HIRING PROCESSES FOR
ARTIFICIAL INTELLIGENCE PROFESSIONALS
AND OTHER DATA SCIENCE AND SOFTWARE
DEVELOPMENT PERSONNEL.
(a) <<NOTE: Deadline. Review.>> 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.--
[[Page 134 STAT. 4144]]
(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. <<NOTE: 6 USC 1500.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 4145]]
(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
[[Page 134 STAT. 4146]]
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
[[Page 134 STAT. 4147]]
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.
[[Page 134 STAT. 4148]]
(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.
[[Page 134 STAT. 4149]]
(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.
[[Page 134 STAT. 4150]]
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) <<NOTE: Review. Determination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Summary.>> 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.
[[Page 134 STAT. 4151]]
(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) <<NOTE: 10 USC 3001 note prec.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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), <<NOTE: 10 USC 3001 prec. 10 USC 3001
prec.>> is amended by striking chapter 201 and inserting the
following:
<<NOTE: 10 USC 3001 prec.>> ``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 <<NOTE: 10 USC 3001 prec.>> 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.
[[Page 134 STAT. 4152]]
``Sec. 3001. <<NOTE: 10 USC 3001.>> Defense acquisition system;
element of the defense acquisition system
``Sec. 3002. <<NOTE: 10 USC 3002.>> Federal Acquisition
Regulation
``Sec. 3003. <<NOTE: 10 USC 3003.>> Defense Federal Acquisition
Regulation Supplement
``[Reserved].
``Sec. 3004. <<NOTE: 10 USC 3004.>> Head of an agency
``Sec. 3005. <<NOTE: 10 USC 3005.>> Service chief concerned
``[Reserved].
``Sec. 3006. <<NOTE: 10 USC 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
[[Page 134 STAT. 4153]]
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:
<<NOTE: 10 USC 3011 prec.>> ``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. <<NOTE: 10 USC 3011.>> Definitions incorporated from
title 41
``Sec. 3012. <<NOTE: 10 USC 3012.>> Competitive procedures
``Sec. 3013. <<NOTE: 10 USC 3013.>> Technical data
``Sec. 3014. <<NOTE: 10 USC 3014.>> Nontraditional defense
contractor
``Sec. 3015. <<NOTE: 10 USC 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
[[Page 134 STAT. 4154]]
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. <<NOTE: 10 USC 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:
`` <<NOTE: 10 USC 3041 prec.>> SUBCHAPTER III--DEFINITIONS RELATING TO
MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS <<NOTE: 04 10 USC
3041. 10 USC 3042.>>
10 USC
3041.
10 USC
3042.
``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--
[[Page 134 STAT. 4155]]
(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).
[[Page 134 STAT. 4156]]
(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), <<NOTE: 10
USC 3021 prec.>> is amended by striking chapter 203 and inserting the
following:
<<NOTE: 10 USC 3062 prec.>> ``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).--
[[Page 134 STAT. 4157]]
(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. <<NOTE: 10 USC 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) <<NOTE: 10 USC 2201 prec., 2202.>> 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. <<NOTE: 10 USC 3063.>> 3063. Covered agencies
``For purposes of any provision of law referring to this section,
the agencies named in this section are the following:
``Sec. <<NOTE: 10 USC 3064.>> 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--
[[Page 134 STAT. 4158]]
(A) by inserting after subsection (a) the following
new section heading:
``Sec. <<NOTE: 10 USC 3066.>> 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. <<NOTE: 10 USC 3067.>> 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. <<NOTE: 10 USC 3068.>> 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''.
[[Page 134 STAT. 4159]]
(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 <<NOTE: 10 USC 2201
prec.>> 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, <<NOTE: 10 USC 3101 prec.>> 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
Old Section No. Section
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), <<NOTE: 10 USC 3101 prec.>> 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.
[[Page 134 STAT. 4160]]
(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. <<NOTE: 10 USC 3106.>> 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), <<NOTE: 10 USC 3101 prec.>> 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), <<NOTE: 10
USC 3101 prec.>> is amended by striking chapter 207 and inserting the
following:
[[Page 134 STAT. 4161]]
<<NOTE: 10 USC 3131 prec.>> ``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 <<NOTE: 10 USC 2201
prec.>> 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 <<NOTE: 10 USC 2201
prec.>> is amended by striking the item relating to section
2216.
(h) Transfer of Section 235.--
[[Page 134 STAT. 4162]]
(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 <<NOTE: 10 USC 221 prec.>>
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 <<NOTE: 10 USC 2201
prec.>> 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), <<NOTE: 10
USC 3151 prec.>> is amended by striking chapter 209 and inserting the
following:
<<NOTE: 10 USC 3151 prec.>> ``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
<<NOTE: 10 USC 3151 prec.>> ``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. <<NOTE: 10 USC 3151.>> Joint policy requirement
``Sec. 3152. <<NOTE: 10 USC 3152.>> Requirements definition
matters covered
``Sec. 3153. <<NOTE: 10 USC 3153.>> Contingency program
management matters covered
``Sec. 3154. <<NOTE: 10 USC 3154.>> Contingency contracting
matters covered
``Sec. 3155. <<NOTE: 10 USC 3155.>> Training for personnel
outside acquisition workforce
``Sec. 3156. <<NOTE: 10 USC 3156.>> Mission readiness exercises
``Sec. 3157. <<NOTE: 10 USC 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:
[[Page 134 STAT. 4163]]
(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;
[[Page 134 STAT. 4164]]
``(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:
<<NOTE: 10 USC 3171 prec.>> ``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. <<NOTE: 10 USC 3171.>> Contracts for property or
services in support of a contingency operation:
competition and review
``[Reserved].
``Sec. 3172. <<NOTE: 10 USC 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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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), <<NOTE: 10
USC 3201 prec., 3251 prec.>> is amended by striking chapters 221 and
223 and inserting the following:
[[Page 134 STAT. 4165]]
<<NOTE: 10 USC 3201 prec.>> ``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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4166]]
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. <<NOTE: 10 USC 3203.>> Exclusion of particular
source or restriction of solicitation to small
business concerns
``Sec. 3204. <<NOTE: 10 USC 3204.>> Use of procedures other than
competitive procedures
``Sec. 3205. <<NOTE: 10 USC 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
[[Page 134 STAT. 4167]]
(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
[[Page 134 STAT. 4168]]
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)'';
[[Page 134 STAT. 4169]]
(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
[[Page 134 STAT. 4170]]
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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4171]]
(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
[[Page 134 STAT. 4172]]
(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:
[[Page 134 STAT. 4173]]
``Sec. 3207. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4174]]
(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:
<<NOTE: 10 USC 3221 prec.>> ``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. <<NOTE: 10 USC 3221.>> Director of Cost Assessment
and Program Evaluation
``Sec. 3222. <<NOTE: 10 USC 3222.>> Independent cost estimate
required before approval
``Sec. 3223. <<NOTE: 10 USC 3223.>> Director: review of cost
estimates, cost analyses, and records of the
military departments and Defense Agencies
``Sec. 3224. <<NOTE: 10 USC 3224.>> Director: participation,
concurrence, and approval in cost estimation
``Sec. 3225. <<NOTE: 10 USC 3225.>> Discussion of risk in cost
estimates
``Sec. 3226. <<NOTE: 10 USC 3226.>> Estimates for program
baseline and analyses and targets for contract
negotiation purposes
``Sec. 3227. <<NOTE: 10 USC 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).
[[Page 134 STAT. 4175]]
(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--
[[Page 134 STAT. 4176]]
(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--
[[Page 134 STAT. 4177]]
(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:
<<NOTE: 10 USC 3241 prec.>> ``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:
[[Page 134 STAT. 4178]]
(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'';
[[Page 134 STAT. 4179]]
(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--
[[Page 134 STAT. 4180]]
(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.
[[Page 134 STAT. 4181]]
(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:
<<NOTE: 10 USC 3301 prec.>> ``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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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''.
[[Page 134 STAT. 4182]]
(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), <<NOTE: 10
USC 3301 prec., 3351 prec.>> is amended by striking chapters 241 and
243 and inserting the following:
<<NOTE: 10 USC 3301 prec.>> ``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. <<NOTE: 10 USC 3301.>> Basis of award and
rejection'';
(B) by inserting before paragraph (3) the following:
``Sec. 3302. <<NOTE: 10 USC 3302.>> Sealed bids'';
(C) by inserting before paragraph (4) the following:
``Sec. 3303. <<NOTE: 10 USC 3303.>> Competitive proposals'';
(D) by inserting before paragraph (5) the following:
``Sec. 3304. <<NOTE: 10 USC 3304.>> Post-award debriefings'';
(E) by inserting before paragraph (6) the following:
``Sec. 3305. <<NOTE: 10 USC 3305.>> Pre-award debriefings'';
(F) by inserting before paragraph (8) the following:
``Sec. 3306. <<NOTE: 10 USC 3306.>> Encouragement of alternative
dispute resolution''; and
(G) by inserting before paragraph (9) the following:
``Sec. 3307. <<NOTE: 10 USC 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;
[[Page 134 STAT. 4183]]
(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)--
[[Page 134 STAT. 4184]]
(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)--
[[Page 134 STAT. 4185]]
(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. <<NOTE: 10 USC 3308.>> Protests
``Sec. 3309. <<NOTE: 10 USC 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)''.
[[Page 134 STAT. 4186]]
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:
<<NOTE: 10 USC 3321 prec.>> ``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. <<NOTE: 10 USC 3321.>> Contracts awarded using
procedures other than sealed-bid procedures
``Sec. 3322. <<NOTE: 10 USC 3322.>> Cost contracts
``Sec. 3323. <<NOTE: 10 USC 3323.>> Cost-plus contracting
prohibited for military construction and
military family housing projects
``Sec. 3324. <<NOTE: 10 USC 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
[[Page 134 STAT. 4187]]
(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)--
[[Page 134 STAT. 4188]]
``(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:
<<NOTE: 10 USC 3344 prec.>> ``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:
<<NOTE: 10 USC 3371 prec.>> ``CHAPTER 244--UNDEFINITIZED CONTRACTUAL
ACTIONS
``Sec.
``3371. Undefinitized contractual actions: required description of
anticipated effect on military department requirements if use
of undefinitized contractual action results in delay.
``3372. Undefinitized contractual actions: requirements and limitations
relating to definitization of contractual terms,
specifications, and price.
``3373. Undefinitized contractual actions: limitation on inclusion of
non-urgent requirements and on modification of scope.
``3374. Undefinitized contractual actions: allowable profit.
``3375. Undefinitized contractual actions: time limit.
``3376. [Reserved].
``3377. Inapplicability to Coast Guard and National Aeronautics and
Space Administration; definitions.
[[Page 134 STAT. 4189]]
``Sec. 3371. <<NOTE: 10 USC 3371.>> Undefinitized contractual
actions: required description of anticipated
effect on military department requirements if
use of undefinitized contractual action results
in delay
``Sec. 3372. <<NOTE: 10 USC 3372.>> Undefinitized contractual
actions: requirements and limitations relating
to definitization of contractual terms,
specifications, and price
``Sec. 3373. <<NOTE: 10 USC 3373.>> Undefinitized contractual
actions: limitation on inclusion of non-urgent
requirements and on modification of scope
``Sec. 3374. <<NOTE: 10 USC 3374.>> Undefinitized contractual
actions: allowable profit
``Sec. 3375. <<NOTE: 10 USC 3375.>> Undefinitized contractual
actions: time limit
``Sec. 3377. <<NOTE: 10 USC 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'';
[[Page 134 STAT. 4190]]
(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.
[[Page 134 STAT. 4191]]
(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), <<NOTE: 10
USC 3401 prec.>> is amended by striking chapter 245 and inserting the
following:
<<NOTE: 10 USC 3401 prec.>> ``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
[[Page 134 STAT. 4192]]
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--
[[Page 134 STAT. 4193]]
(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''.
[[Page 134 STAT. 4194]]
(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, <<NOTE: 10 USC 3451 prec.>> 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
[[Page 134 STAT. 4195]]
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 <<NOTE: 10 USC 3451 prec.>>
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, <<NOTE: 10 USC 101
prec., 2201 prec.>> 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 <<NOTE: 10 USC 3451 prec.>> 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--
[[Page 134 STAT. 4196]]
(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) <<NOTE: 10 USC 3451 prec.>> 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), <<NOTE: 10
USC 3501 prec.>> is amended by striking chapter 249 and inserting the
following:
<<NOTE: 10 USC 3501 prec.>> ``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
<<NOTE: 10 USC 3501 prec.>> ``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.
[[Page 134 STAT. 4197]]
``Sec. 3501. <<NOTE: 10 USC 3501.>> Multiyear contracts for
acquisition of property: authority; definitions
``Sec. 3502. <<NOTE: 10 USC 3502.>> Multiyear contracts for
acquisition of property: regulations
``Sec. 3503. <<NOTE: 10 USC 3503.>> Multiyear contracts for
acquisition of property: contract cancellation
or termination
``Sec. 3504. <<NOTE: 10 USC 3504.>> Multiyear contracts for
acquisition of property: participation by
subcontractors, vendors, and suppliers
``Sec. 3505. <<NOTE: 10 USC 3505.>> Multiyear contracts for
acquisition of property: protection of existing
authority
``Sec. 3506. <<NOTE: 10 USC 3506.>> Department of defense
contracts: acquisition of weapon systems
``Sec. 3507. <<NOTE: 10 USC 3507.>> Department of defense
contracts: defense acquisitions specifically
authorized by law
``Sec. 3508. <<NOTE: 10 USC 3508.>> Department of defense
contracts: notice to congressional committees
before taking certain actions
``Sec. 3509. <<NOTE: 10 USC 3509.>> Department of defense
contracts: multiyear contracts with value in
excess of $500,000,000
``Sec. 3510. <<NOTE: 10 USC 3510.>> Department of defense
contracts: additional matters with respect to
multiyear defense contracts
``Sec. 3511. <<NOTE: 10 USC 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.
[[Page 134 STAT. 4198]]
(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.
[[Page 134 STAT. 4199]]
(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'';
[[Page 134 STAT. 4200]]
(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
[[Page 134 STAT. 4201]]
(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--
[[Page 134 STAT. 4202]]
(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''.
[[Page 134 STAT. 4203]]
(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-- <<NOTE: 10 USC 3531 prec.>> 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. <<NOTE: 10 USC 3531.>> Multiyear contracts for
acquisition of services: authority; definitions
``Sec. 3532. <<NOTE: 10 USC 3532.>> Multiyear contracts for
acquisition of services: applicable principles
``Sec. 3533. <<NOTE: 10 USC 3533.>> Multiyear contracts for
acquisition of services: contract cancellation
or termination
``Sec. 3534. <<NOTE: 10 USC 3534.>> Multiyear contracts for
acquisition of services: contracts with value
above $500,000,000 to be specifically authorized
by law
``Sec. 3535. <<NOTE: 10 USC 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).
[[Page 134 STAT. 4204]]
(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:
[[Page 134 STAT. 4205]]
<<NOTE: 10 USC 3551 prec.>> ``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), <<NOTE: 10
USC 3551 prec.>> is amended by striking chapter 251 and inserting the
following:
<<NOTE: 10 USC 3571 prec.>> ``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), <<NOTE: 10 USC 3601 prec.>> is amended by striking chapter 253
and inserting the following:
<<NOTE: 10 USC 3671 prec.>> ``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Subchapter Sec.
``I. [Reserved]................................................... 3601
``II. [Reserved].................................................3611''.
(b) <<NOTE: 10 USC 101 prec., 3001 prec.>> 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
[[Page 134 STAT. 4206]]
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 <<NOTE: 10
USC 3671 prec.>> 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. <<NOTE: 10 USC 3671.>> Requirement for authorization
by law of certain contracts relating to vessels,
aircraft, and combat vehicles
``Sec. 3672. <<NOTE: 10 USC 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. <<NOTE: 10 USC 3673.>> Limitation on indemnification
``Sec. 3674. <<NOTE: 10 USC 3674.>> Long-term lease or charter
defined; substantial termination liability
``Sec. 3675. <<NOTE: 10 USC 3675.>> Capital lease or lease-
purchase treated as an acquisition
``Sec. 3676. <<NOTE: 10 USC 3676.>> Guidelines
``Sec. 3677. <<NOTE: 10 USC 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. <<NOTE: 10 USC 3678.>> Contracts with terms of 18
months or more: limitation
<<NOTE: 10 USC 3681 prec.>> ``CHAPTER 258--OTHER TYPES OF CONTRACTS USED
FOR PROCUREMENTS FOR PARTICULAR PURPOSES
``Sec.
``3681. Leasing of commercial vehicles and equipment.
``Sec. 3681. <<NOTE: 10 USC 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;
[[Page 134 STAT. 4207]]
(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'';
[[Page 134 STAT. 4208]]
(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, <<NOTE: 10 USC 101 prec., 3001 prec.>>
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-
[[Page 134 STAT. 4209]]
232), <<NOTE: 10 USC 3701 prec.>> is amended by striking chapter 271
and inserting the following:
<<NOTE: 10 USC 3701 prec.>> ``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. <<NOTE: 10 USC 3701.>> Definitions
``Sec. 3702. <<NOTE: 10 USC 3702.>> Required cost or pricing data
and certification
``Sec. 3703. <<NOTE: 10 USC 3703.>> Exceptions
``Sec. 3704. <<NOTE: 10 USC 3704.>> Cost or pricing data on
below-threshold contracts
``Sec. 3705. <<NOTE: 10 USC 3705.>> Submission of other
information
``Sec. 3706. <<NOTE: 10 USC 3706.>> Price reductions for
defective cost or pricing data
``Sec. 3707. <<NOTE: 10 USC 3707.>> Interest and penalties for
certain overpayments
``Sec. 3708. <<NOTE: 10 USC 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'';
[[Page 134 STAT. 4210]]
(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--
[[Page 134 STAT. 4211]]
(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
[[Page 134 STAT. 4212]]
(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)''.
[[Page 134 STAT. 4213]]
(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
[[Page 134 STAT. 4214]]
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'';
[[Page 134 STAT. 4215]]
(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--
[[Page 134 STAT. 4216]]
(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''.
[[Page 134 STAT. 4217]]
(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:
<<NOTE: 10 USC 3721 prec.>> ``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. <<NOTE: 10 USC 3721.>> Evaluating the reasonableness
of price: guidance and training
``[Reserved].
``Sec. 3722. <<NOTE: 10 USC 3722.>> Grants of exceptions to cost
or pricing data certification requirements and
waivers of cost accounting standards
``[Reserved].
``Sec. 3723. <<NOTE: 10 USC 3723.>> Streamlining awards for
innovative technology projects: pilot program
``[Reserved].
``Sec. 3724. <<NOTE: 10 USC 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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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), <<NOTE: 10
USC 3741 prec.>> is amended by striking chapter 273 and inserting the
following:''.
[[Page 134 STAT. 4218]]
<<NOTE: 10 USC 3741 prec.>> ``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. <<NOTE: 10 USC 3741.>> Definitions
``In this subchapter:
``Sec. 3742. <<NOTE: 10 USC 3742.>> Adjustment of threshold
amount of covered contract
``Sec. 3743. <<NOTE: 10 USC 3743.>> Effect of submission of
unallowable costs
``Sec. 3744. <<NOTE: 10 USC 3744.>> Specific costs not allowable
``Sec. 3745. <<NOTE: 10 USC 3745.>> Required regulations
``Sec. 3746. <<NOTE: 10 USC 3746.>> Applicability of regulations
to subcontractors
``Sec. 3747. <<NOTE: 10 USC 3747.>> Contractor certification
``Sec. 3748. <<NOTE: 10 USC 3748.>> Penalties for submission of
cost known as not allowable
``Sec. 3749. <<NOTE: 10 USC 3749.>> Burden of proof on contractor
``Sec. 3750. <<NOTE: 10 USC 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;
[[Page 134 STAT. 4219]]
(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'';
[[Page 134 STAT. 4220]]
(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
[[Page 134 STAT. 4221]]
(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
[[Page 134 STAT. 4222]]
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
[[Page 134 STAT. 4223]]
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
[[Page 134 STAT. 4224]]
(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
[[Page 134 STAT. 4225]]
``(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:
<<NOTE: 10 USC 3761 prec.>> ``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), <<NOTE: 10 USC 3771 prec.>> is amended by
striking chapter 275 and inserting the following:
<<NOTE: 10 USC 3771 prec.>> ``CHAPTER 275--PROPRIETARY CONTRACTOR DATA
AND RIGHTS IN TECHNICAL DATA
``Subchapter Sec.
``I. Rights in Technical Data..................................... 3771
[[Page 134 STAT. 4226]]
``II. Validation of Proprietary Data Restrictions................. 3781
``III. Other Provisions Relating to Proprietary Contractor Data
and Rights in Technical Data...................................... 3791
<<NOTE: 10 USC 3771 prec.>> ``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. <<NOTE: 10 USC 3771.>> Rights in technical data:
regulations
``Sec. 3772. <<NOTE: 10 USC 3772.>> Rights in technical data:
provisions required in contracts
``Sec. 3773. <<NOTE: 10 USC 3773.>> Domestic business concerns:
programs for replenishment parts
``Sec. 3774. <<NOTE: 10 USC 3774.>> Major weapon systems and
subsystems: long-term technical data needs
``Sec. 3775. <<NOTE: 10 USC 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, <<NOTE: 10 USC
101 prec., 3001 prec.>> 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)'';
[[Page 134 STAT. 4227]]
(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)'';
[[Page 134 STAT. 4228]]
(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
[[Page 134 STAT. 4229]]
``(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
[[Page 134 STAT. 4230]]
(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:
<<NOTE: 10 USC 3781 prec.>> ``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.
[[Page 134 STAT. 4231]]
``Sec. 3781. <<NOTE: 10 USC 3781.>> Technical data: contractor
justification for restrictions; review of
restrictions
``Sec. 3782. <<NOTE: 10 USC 3782.>> Technical data: challenges to
contractor restrictions
``Sec. 3783. <<NOTE: 10 USC 3783.>> Technical data: time for
contractors to submit justifications
``Sec. 3784. <<NOTE: 10 USC 3784.>> Technical data under
contracts for commercial items: presumption of
development exclusively at private expense
``Sec. 3785. <<NOTE: 10 USC 3785.>> Technical data: decision by
contracting officer; claims; rights and
liability upon final disposition
``Sec. 3786. <<NOTE: 10 USC 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.
[[Page 134 STAT. 4232]]
(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
[[Page 134 STAT. 4233]]
(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:
<<NOTE: 10 USC 3791 prec.>> ``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.
[[Page 134 STAT. 4234]]
``Sec. 3791. <<NOTE: 10 USC 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), <<NOTE: 10
USC 3801 prec.>> is amended by striking chapter 277 and inserting the
following:
``CHAPTER 277-- <<NOTE: 10 USC 3801 prec.>> 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. <<NOTE: 10 USC 3801.>> Authority of agency
``Sec. 3802. <<NOTE: 10 USC 3802.>> Payment
``Sec. 3803. <<NOTE: 10 USC 3803.>> Security for advance payments
``Sec. 3804. <<NOTE: 10 USC 3804.>> Conditions for progress
payments
``Sec. 3805. <<NOTE: 10 USC 3805.>> Payments for commercial
products and commercial services
``Sec. 3806. <<NOTE: 10 USC 3806.>> Action in case of fraud
``Sec. 3807. <<NOTE: 10 USC 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.
[[Page 134 STAT. 4235]]
(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''.
[[Page 134 STAT. 4236]]
(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
[[Page 134 STAT. 4237]]
(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)''.
[[Page 134 STAT. 4238]]
(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''.
[[Page 134 STAT. 4239]]
(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), <<NOTE: 10
USC 3841 prec.>> is amended by striking chapter 279 and inserting the
following:
<<NOTE: 10 USC 3841 prec.>> ``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. <<NOTE: 10 USC 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.--
[[Page 134 STAT. 4240]]
``(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:
[[Page 134 STAT. 4241]]
``Sec. 3843. <<NOTE: 10 USC 3843.>> Contractor internal audit
reports: Department of Defense access to, use
of, and safeguards and protections for
``[Reserved.]
``Sec. 3844. <<NOTE: 10 USC 3844.>> Contractor business systems
``[Reserved.]''; and
(2) by inserting after section 3845, as transferred and
redesignated by subsection (c), the following:
``Sec. 3846. <<NOTE: 10 USC 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), <<NOTE: 10
USC 3861 prec.>> is amended by striking chapter 281 and inserting the
following:
<<NOTE: 10 USC 3861 prec.>> ``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), <<NOTE: 10
USC 3881 prec.>> is amended by striking chapter 283 and inserting the
following:
<<NOTE: 10 USC 3881 prec.>> ``CHAPTER 283--FOREIGN ACQUISITIONS
``Subchapter Sec.
``I. General...................................................... 3881
``II. Prohibition on Contracting with the Enemy................... 3891
<<NOTE: 10 USC 3881.>> ``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
[[Page 134 STAT. 4242]]
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:
<<NOTE: 10 USC 3901 prec.>> ``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), <<NOTE: 10
USC 3961 prec.>> is amended by striking chapter 287 and inserting the
following:
<<NOTE: 10 USC 3901 prec.>> ``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:
<<NOTE: 10 USC 4001 prec.>> ``Subpart E--Research and Engineering
<<NOTE: 10 USC 4001 prec.>> ``CHAPTER 301-- RESEARCH AND ENGINEERING
GENERALLY
``Sec.
``4001. Research and development projects.
[[Page 134 STAT. 4243]]
``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, <<NOTE: 10 USC 101
prec., 3001 prec.>> 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
[[Page 134 STAT. 4244]]
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 <<NOTE: 10 USC 4061 prec.>> 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:
[[Page 134 STAT. 4245]]
``CHAPTER <<NOTE: 10 USC 4103 prec.>> 305--DEPARTMENT OF DEFENSE
LABORATORIES
``Subchapter Sec.
``I. General Matters.............................................. 4101
``II. Personnel-Related Matters................................... 4111
``SUBCHAPTER <<NOTE: 10 USC 4103 prec.>> 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 <<NOTE: 10 USC 4111 prec.>> 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 <<NOTE: 10 USC 4141 prec.>> 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
[[Page 134 STAT. 4246]]
are transferred to chapter 307 of such title, as added by
subsection (a), inserted (in that order), after the table of
sections, and redesignated as shown in the right-hand column:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2353 4141
2371a 4143
2681 4144
2350l 4145
2368 4146
2367 4147
------------------------------------------------------------------------
(2) Clerical amendments.--
(A) The table of sections at the beginning of
subchapter II of chapter 138 of title 10, United States
Code, <<NOTE: 10 USC 2350a.>> 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 <<NOTE: 10 USC 2661
prec.>> 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. <<NOTE: 10 USC 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:
[[Page 134 STAT. 4247]]
``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, <<NOTE: 10 USC 101
prec., 3001 prec.>> 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-
[[Page 134 STAT. 4248]]
232), is amended by inserting before subpart G the following new
subpart:
<<NOTE: 10 USC 4201 prec.>> ``Subpart F--Major Systems, Major Defense
Acquisition Programs, and Weapon Systems Development
<<NOTE: 10 USC 4201 prec.>> ``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. <<NOTE: 10 USC 4201.>> Major defense acquisition
programs: definition; exceptions
``Sec. 4202. <<NOTE: 10 USC 4202.>> Authority to increase
definitional threshold amounts: major defense
acquisition programs; major systems
``Sec. 4204. <<NOTE: 10 USC 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
[[Page 134 STAT. 4249]]
(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
[[Page 134 STAT. 4250]]
(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''.
[[Page 134 STAT. 4251]]
(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.
[[Page 134 STAT. 4252]]
(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:
<<NOTE: 10 USC 4211 prec.>> ``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
<<NOTE: 10 USC 4211 prec.>> ``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].
<<NOTE: 10 USC 4231 prec.>> ``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.
<<NOTE: 10 USC 4251 prec.>> ``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].
[[Page 134 STAT. 4253]]
<<NOTE: 10 USC 4271 prec.>> ``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].
<<NOTE: 10 USC 4292 prec.>> ``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)'';
[[Page 134 STAT. 4254]]
(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.--
[[Page 134 STAT. 4255]]
(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)'';
[[Page 134 STAT. 4256]]
(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).--
[[Page 134 STAT. 4257]]
(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. <<NOTE: 10 USC 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).--
[[Page 134 STAT. 4258]]
(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:
<<NOTE: 10 USC 4321 prec.>> ``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:
[[Page 134 STAT. 4259]]
``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:
<<NOTE: 10 USC 4350 prec.>> ``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. <<NOTE: 10 USC 4350.>> Selected acquisition reports:
termination
``Sec. 4351. <<NOTE: 10 USC 4351.>> Selected acquisition reports:
definitions
``Sec. 4352. <<NOTE: 10 USC 4352.>> Selected acquisition reports:
requirement for quarterly reports
``Sec. 4353. <<NOTE: 10 USC 4353.>> Selected acquisition reports
for 1st quarter of a fiscal year: comprehensive
annual report
``Sec. 4354. <<NOTE: 10 USC 4354.>> Selected acquisition reports
for 2d, 3d, and 4th quarters
``Sec. 4355. <<NOTE: 10 USC 4355.>> Selected acquisition reports:
quarterly SAR report content
``Sec. 4356. <<NOTE: 10 USC 4356.>> Selected acquisition reports:
time for submission to Congress; form of report
``Sec. 4357. <<NOTE: 10 USC 4357.>> Selected acquisition reports:
termination of requirements with respect to a
program or subprogram
``Sec. 4358. <<NOTE: 10 USC 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
[[Page 134 STAT. 4260]]
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
[[Page 134 STAT. 4261]]
(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.
[[Page 134 STAT. 4262]]
(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;
[[Page 134 STAT. 4263]]
(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
[[Page 134 STAT. 4264]]
(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:
<<NOTE: 10 USC 4371 prec.>> ``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.
[[Page 134 STAT. 4265]]
``Sec. 4371. <<NOTE: 10 USC 4371.>> Cost growth definitions;
applicability of reporting requirements;
constant base year dollars
``Sec. 4372. <<NOTE: 10 USC 4372.>> Unit cost reports: quarterly
report from program manager to service
acquisition executive
``Sec. 4373. <<NOTE: 10 USC 4373.>> Unit cost reports: immediate
report from program manager to service
acquisition executive upon breach of significant
cost growth threshold
``Sec. 4374. <<NOTE: 10 USC 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. <<NOTE: 10 USC 4375.>> Breach of significant cost
growth threshold or critical cost growth
threshold: required action
``Sec. 4376. <<NOTE: 10 USC 4376.>> Breach of critical cost
growth threshold: reassessment of program;
presumption of program termination
``Sec. 4377. <<NOTE: 10 USC 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)''.
[[Page 134 STAT. 4266]]
(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--
[[Page 134 STAT. 4267]]
(1) by striking the subsection designation; and
(2) by striking ``subsection (b)'' both places it appears
and inserting ``section 4372 of this title''.
(g) Transfer of Subsection (d) of Section 2433.--
(1) Transfer.--Subsection (d) of section 2433 of title 10,
United States Code, is transferred to section 4374 of such
title, as added by subsection (a), inserted after the section
heading, and amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revision to new 4374(a).--Subsection (a) of such
section, as so redesignated, is amended--
(A) by inserting ``Determination of Breach by
Service Acquisition Executive.--'' before ``When a'';
and
(B) by striking ``under this section'' and inserting
``under this chapter''.
(3) Revision to new 4374(b).--Subsection (b) of such
section, as so redesignated, is amended--
(A) by inserting ``Additional Determination by
Service Acquisition Executive When Program or Subprogram
Is a Procurement Program.--'' before ``When a'';
(B) by striking ``under this section'' and inserting
``under this chapter''; and
(C) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(4) Revision to new 4374(c).--Subsection (c) of such
section, as so redesignated, is amended--
(A) by striking ``If, based upon'' and inserting
``Determination of Breach by Secretary Concerned;
Notification to Congress.--
``(1) In general.--If, based upon'';
(B) by designating the second sentence as paragraph
(2) and the fourth sentence as paragraph (3);
(C) in paragraph (2), as so designated--
(i) by inserting ``Time for submission of
notification to congress.--'' before ``In the case
of'' the first place it appears;
(ii) by striking ``subsection (b)'' and
inserting ``section 4372 of this title''; and
(iii) by striking ``subsection (c)'' and
inserting ``section 4373 of this title''; and
(D) in paragraph (3), as so designated, by inserting
``Inclusion of date of determination.--'' before ``The
Secretary shall''.
(h) Transfer of Subsection (e) of Section 2433.--
(1) Transfer.--Subsection (e) of section 2433 of title 10,
United States Code, is transferred to section 4375 of such
title, as added by subsection (a), inserted after the section
heading, and amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revision to new 4375(a).--Subsection (a) of such
section, as so redesignated, is amended--
[[Page 134 STAT. 4268]]
(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
[[Page 134 STAT. 4269]]
(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
[[Page 134 STAT. 4270]]
(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
[[Page 134 STAT. 4271]]
(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 <<NOTE: 10 USC 4401 prec.>> 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
[[Page 134 STAT. 4272]]
``SUBCHAPTER <<NOTE: 10 USC 4401 prec.>> 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 <<NOTE: 10 USC 4421 prec.>> 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
[[Page 134 STAT. 4273]]
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, <<NOTE: 10 USC 101
prec., 2201 prec.>> 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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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), <<NOTE: 10 USC 4501 prec., 4541 prec.>> is amended by striking
chapters 341 and 343 and inserting the following:
``CHAPTER <<NOTE: 10 USC 4501 prec.>> 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.''.
__________
* Note: Citations in Sec. 1851(d)(1) for Chapter 144B of title 10,
United States Code: 10 USC 2446a prec., 2446a-2446c, 2447a prec., 2447a-
2447e, 2448a prec., 2448a, 2448b.
---------------------------------------------------------------------------
[[Page 134 STAT. 4274]]
(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. <<NOTE: 10 USC 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)
[[Page 134 STAT. 4275]]
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),
[[Page 134 STAT. 4276]]
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 <<NOTE: 10 USC 4571 prec.>> 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 <<NOTE: 10 USC 4571 prec.>> I--CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS OR OTHER
SIGNIFICANT MILITARY OPERATIONS
``Sec.
``4541. [Reserved].
``SUBCHAPTER <<NOTE: 10 USC 4571 prec.>> 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), <<NOTE: 10
USC 4571.>> is amended by striking chapter 345 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4571 prec.>> 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,
[[Page 134 STAT. 4277]]
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), <<NOTE: 10
USC 4601 prec.>> is amended by striking chapter 361 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4601 prec.>> 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), <<NOTE: 10
USC 4651 prec.>> is amended by striking chapter 363 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4651 prec.>> 363--PROHIBITION AND PENALTIES
``Sec.
``4651. Expenditure of appropriations: limitation.
``4652. Prohibition on use of funds for documenting economic or
employment impact of certain acquisition programs.
``4653. Prohibition on use of funds to relieve economic dislocations.
``4654. Prohibition on doing business with certain offerors or
contractors.
``4655. Prohibition of contractors limiting subcontractor sales directly
to the United States.
``4656. Prohibition on persons convicted of defense-contract related
felonies and related criminal penalty on defense contractors.
``4657. Prohibition on criminal history inquiries by contractors prior
to conditional offer.
``4658. Debarment of persons convicted of fraudulent use of `Made in
America' labels.
``4659. Prohibition on contracting with entities that comply with the
secondary Arab boycott of Israel.
``4660. Prohibition on collection of political information.''.
(b) Transfer and Redesignation of Title 10 Sections.--The sections
of title 10, United States Code, specified in the left-hand column of
the following table are transferred to chapter 363 of such title, as
amended by subsection (a), inserted (in the order shown in the following
table) after the table of sections at the beginning of such chapter, and
redesignated in accordance with the section numbers in the right-hand
column, as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2207 4651
[[Page 134 STAT. 4278]]
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) <<NOTE: 10 USC 4658.>> 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 <<NOTE: 10 USC 2339 note.>> (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), <<NOTE: 10
USC 4701 prec.>> is amended by striking chapter 365 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4701 prec.>> 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).
[[Page 134 STAT. 4279]]
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), <<NOTE: 10
USC 4751 prec.>> is amended by striking chapter 367 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4751 prec.>> 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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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), <<NOTE: 10
USC 4801 prec.>> is amended by striking chapter 381 and inserting the
following:
``CHAPTER <<NOTE: 10 USC 4801 prec.>> 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--
[[Page 134 STAT. 4280]]
(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 <<NOTE: 10 USC 4811 prec.>> 382--POLICIES AND PLANNING
``Sec.
``4811. National security strategy for national technology and
industrial base.
``4812. National Defense Technology and Industrial Base Council.
[[Page 134 STAT. 4281]]
``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--
[[Page 134 STAT. 4282]]
(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 <<NOTE: 10 USC 4831 prec.>> 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
------------------------------------------------------------------------
[[Page 134 STAT. 4283]]
(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 <<NOTE: 10 USC 4841 prec.>> 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:
[[Page 134 STAT. 4284]]
``Sec. 4842. <<NOTE: 10 USC 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 <<NOTE: 10 USC 4851 prec.>> 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 <<NOTE: 10 USC 4851 prec.>> 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
[[Page 134 STAT. 4285]]
(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 <<NOTE: 10 USC 4861 prec.>> 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:
[[Page 134 STAT. 4286]]
``SUBCHAPTER <<NOTE: 10 USC 4871 prec.>> 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 <<NOTE: 10 USC 4881 prec.>> 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 <<NOTE: 10 USC 4891 prec.>> V--OTHER MATTERS
``Sec.
``4891. Improved national defense control of technology diversions
overseas.
[[Page 134 STAT. 4287]]
``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) <<NOTE: 10 USC 3901 prec.>> by striking chapter 285;
and
(2) by adding at the end the following new chapter:
``CHAPTER <<NOTE: 10 USC 4901 prec.>> 387--SMALL BUSINESS PROGRAMS
``Subchapter Sec.
``I. General...................................................... 4901
``SUBCHAPTER <<NOTE: 10 USC 4901 prec.>> 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) <<NOTE: 10 USC 4881 prec.>> 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 <<NOTE: 10 USC 4951 prec.>> 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4288]]
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) <<NOTE: 10 USC 2411 note.>> 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
[[Page 134 STAT. 4289]]
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, <<NOTE: 10 USC 101
prec., 2201 prec.>> 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) <<NOTE: 10 USC 4861 prec.>> 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:
[[Page 134 STAT. 4290]]
``CHAPTER <<NOTE: 10 USC 4971 prec.>> 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, <<NOTE: 10 USC 4971
prec., 2540-2540d, 4981 prec., 2541-2541d.>> 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, <<NOTE: 10 USC 101 prec., 3001 prec.>> 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
[[Page 134 STAT. 4291]]
``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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 8661 prec.>> 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. <<NOTE: 10 USC 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
[[Page 134 STAT. 4292]]
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 <<NOTE: 10 USC 8751 prec.>> is amended by
inserting before the item relating to section 8752 the following new
item:
``8751. Notification of Navy procurement production disruptions.''.
[[Page 134 STAT. 4293]]
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 <<NOTE: 10 USC 2922 prec.>> 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 <<NOTE: 10 USC 2201 prec.>> 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 <<NOTE: 10 USC 101 prec.>> 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 <<NOTE: 10 USC 101 prec., 2201 prec.>> 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 <<NOTE: 10 USC 2381 prec.>> 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 <<NOTE: 10 USC 101
prec., 2201 prec.>> 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 <<NOTE: 10 USC 2381 prec.>> 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.''.
__________
* Note: Citations in Sec. 1881(a) for Chapters 137, 139, 144, and
148 of title 10, United States Code: 10 USC 2301 prec., 2302d, 2304-
2307, 2313, 2320-2322, 2324, 2326, 2333, 2334, 2339c, 2351 prec., 2358c,
2374b, 2430 prec., 2440, 2500 prec., 2501 prec., 2511 prec., 2521 prec.,
2531 prec., 2533d.
---------------------------------------------------------------------------
[[Page 134 STAT. 4294]]
SEC. <<NOTE: 10 USC 3001 note prec.>> 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. <<NOTE: 10 USC 3001 note prec.>> 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. <<NOTE: 10 USC 3001 note prec.>> 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 <<NOTE: Military Construction Authorization Act for Fiscal Year
2021.>> 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,
__________
* Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a,
133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734,
2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862,
3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172,
4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981,
7462, 7554, 8481, 8633, 8669b, 9082, 9462.
---------------------------------------------------------------------------
[[Page 134 STAT. 4295]]
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. <<NOTE: 10 USC 2350m note.>> 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
[[Page 134 STAT. 4296]]
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.
[[Page 134 STAT. 4297]]
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 <<NOTE: Plan. Time period.>> of the Army may not
commence the military construction project authorized by section 2102(a)
at Kwajalein Atoll, as specified in the funding table in section 4601,
and none of the funds authorized to be appropriated by this Act for that
military construction project may be obligated or expended, until the
Secretary submits to Committees on Armed Services of the House of
Representatives and the Senate a design plan for the project that
ensures that, upon completion of the project, the project will be
resilient to 15 inches of sea level fluctuation and periods of complete
inundation and wave-overwash predicted during the 10-year period
beginning on the date of the enactment of this Act.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2017
PROJECT AT CAMP WALKER, KOREA.
In the case of the authorization contained in the table in section
2102(a) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2689) for Camp Walker, Korea, the
Secretary of the Army may construct an elevated walkway between two
existing parking garages to connect children's playgrounds using amounts
available for Family Housing New Construction, as specified in the
funding table in section 4601 of such Act (130 Stat. 2883).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing
units.
Sec. 2203. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
[[Page 134 STAT. 4298]]
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
[[Page 134 STAT. 4299]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 134 STAT. 4300]]
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. <<NOTE: United Kingdom.>> 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).
[[Page 134 STAT. 4301]]
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
[[Page 134 STAT. 4302]]
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--
[[Page 134 STAT. 4303]]
(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
[[Page 134 STAT. 4304]]
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:
[[Page 134 STAT. 4305]]
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:
[[Page 134 STAT. 4306]]
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:
[[Page 134 STAT. 4307]]
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) <<NOTE: Deadline. Consultation. Contracts.>> 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) <<NOTE: Analysis. Assessments.>> 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--
[[Page 134 STAT. 4308]]
(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 <<NOTE: Classified information.>> be so submitted in both
classified and unclassified form.
(d) Submittal to Congress.--
(1) In <<NOTE: Consultation.>> 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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 4309]]
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. <<NOTE: 10 USC 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.
[[Page 134 STAT. 4310]]
``(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) <<NOTE: Determination.>> 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 <<NOTE: 10 USC 2350a prec.>>
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
[[Page 134 STAT. 4311]]
(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
[[Page 134 STAT. 4312]]
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
[[Page 134 STAT. 4313]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 134 STAT. 4314]]
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.
[[Page 134 STAT. 4315]]
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 <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4316]]
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.
[[Page 134 STAT. 4317]]
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. <<NOTE: President.>> 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.''.
[[Page 134 STAT. 4318]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Cost estimate.>> 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).
[[Page 134 STAT. 4319]]
``(D <<NOTE: Determination.>> ) 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) <<NOTE: Determination. 10 USC 2808 note.>> 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. <<NOTE: Applicability.>> 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
[[Page 134 STAT. 4320]]
(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. <<NOTE: 10 USC 2816.>> Consideration of energy
security and energy resilience in life-cycle
cost for military construction
``(a) <<NOTE: Evaluation. Requirement.>> 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 <<NOTE: Applicability.>> 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
[[Page 134 STAT. 4321]]
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 <<NOTE: 10 USC 2801 prec.>> 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) <<NOTE: Cost estimate.>> 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.
[[Page 134 STAT. 4322]]
``(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 <<NOTE: 10 USC 2911 prec.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4323]]
(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--
[[Page 134 STAT. 4324]]
(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) <<NOTE: Deadlines.>> 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 <<NOTE: Requirement.>> 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) <<NOTE: Requirement.>> 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)--
[[Page 134 STAT. 4325]]
(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 <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Applicability.>> 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.''.
[[Page 134 STAT. 4326]]
(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) <<NOTE: List.>> 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 <<NOTE: 10 USC 2851 prec.>>
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 <<NOTE: 10 USC 2890 prec.>> 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) <<NOTE: 10 USC 2830.>> Repeal.--Section 2830 of title 10,
United States Code, is repealed.
[[Page 134 STAT. 4327]]
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 169 of title 10, United States Code, is
amended <<NOTE: 10 USC 2821 prec.>> 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 <<NOTE: Requirement.>> 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) <<NOTE: Applicability. 10 USC 2883 note.>> 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. <<NOTE: Definitions.>> 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
[[Page 134 STAT. 4328]]
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 <<NOTE: 10 USC 2890 prec.>> amended by striking
the item relating to section 2891c and inserting the following
new item:
``2891c. Transparency regarding finances and performance metrics.''.
SEC. 2815. <<NOTE: 10 USC 2821 note.>> REQUIREMENT THAT SECRETARY
OF DEFENSE IMPLEMENT RECOMMENDATIONS
RELATING TO MILITARY FAMILY HOUSING
CONTAINED IN REPORT BY INSPECTOR GENERAL
OF DEPARTMENT OF DEFENSE.
Not <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2871 note.>> 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
[[Page 134 STAT. 4329]]
(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. <<NOTE: 10 USC 2821 note.>> 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. <<NOTE: 10 USC 2871 note.>> 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.
[[Page 134 STAT. 4330]]
(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) <<NOTE: Definition.>> 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:
[[Page 134 STAT. 4331]]
``(2) To satisfy the reporting requirement specified in paragraph
(1)(B), a report under paragraph (1) shall contain the following:
``(A) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: List. Summary.>> 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) <<NOTE: Summary. Plan.>> 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) <<NOTE: Definitions.>> In this subsection:
``(A)(i) The term `overseas military location' covers both
enduring locations and contingency locations established outside
the United States.
[[Page 134 STAT. 4332]]
``(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) <<NOTE: Coordination.>> 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 <<NOTE: 10
USC 2661 prec.>> 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.
[[Page 134 STAT. 4333]]
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
[[Page 134 STAT. 4334]]
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 <<NOTE: Expiration date.>> authority of the Secretary of
Defense to commence a project under this paragraph expires on September
30, 2025.''.
(2) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2911 note.>> 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
[[Page 134 STAT. 4335]]
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) <<NOTE: Consultation.>> 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 <<NOTE: Compliance.>> 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.
[[Page 134 STAT. 4336]]
SEC. 2827. <<NOTE: 10 USC 2866 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Evaluations.>> 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 <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4337]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 4338]]
and the House of Representatives a report on the progress made
in implementing this section.
(2) <<NOTE: Lists.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 2687a note.>> 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) <<NOTE: Certification.>> 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
[[Page 134 STAT. 4339]]
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) <<NOTE: Determination.>> 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.--
[[Page 134 STAT. 4340]]
(1) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Requirements. Consultation.>> 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) <<NOTE: Florida. Determination.>> 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) <<NOTE: Reimbursement.>> 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
[[Page 134 STAT. 4341]]
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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4342]]
(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) <<NOTE: Reimbursement.>> 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.
[[Page 134 STAT. 4343]]
(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.
[[Page 134 STAT. 4344]]
(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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4345]]
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) <<NOTE: Consultation.>> 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.--
[[Page 134 STAT. 4346]]
(1) <<NOTE: Reimbursement.>> 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) <<NOTE: Determination. Survey.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4347]]
(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) <<NOTE: Waiver. Determination.>> 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) <<NOTE: Payment. Determination. Appraisal.>> 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.
[[Page 134 STAT. 4348]]
(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) <<NOTE: Determinations.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: Requirement. Reimbursement.>> 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.
[[Page 134 STAT. 4349]]
(e) <<NOTE: Determination. Survey.>> 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 <<NOTE: Termination date.>> 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 <<NOTE: Termination date.>> 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) <<NOTE: Memorandum.>> 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--
[[Page 134 STAT. 4350]]
``(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
[[Page 134 STAT. 4351]]
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) <<NOTE: Appointments.>> 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) <<NOTE: Establishment.>> 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.''.
[[Page 134 STAT. 4352]]
(2) Intergovernmental executive committee.--Such section is
further amended by adding at the end the following new
subparagraph:
``(H) Intergovernmental executive committee.--
``(i) <<NOTE: Memorandum.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Appointment.>>
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) <<NOTE: Determination.>>
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) <<NOTE: Determination.>>
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
[[Page 134 STAT. 4353]]
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.
[[Page 134 STAT. 4354]]
``(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) <<NOTE: Appointments.>> 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 <<NOTE: Guam.>> 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.
[[Page 134 STAT. 4355]]
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) <<NOTE: Lists.>> 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. <<NOTE: Classified information.>> The report shall be
submitted in unclassified form, but may include a classified annex.
SEC. 2854. <<NOTE: 10 USC 2922 note.>> 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.--
[[Page 134 STAT. 4356]]
(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.
[[Page 134 STAT. 4357]]
``(3) <<NOTE: Certification.>> 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) <<NOTE: Expiration date.>> The authority to conduct the pilot
program shall expire September 30, 2025.''.
(b) <<NOTE: Deadline. 10 USC 2679 note.>> 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
[[Page 134 STAT. 4358]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. 10 USC 2869 note.>> 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. <<NOTE: 10 USC 2801 note.>> PILOT PROGRAM TO SUPPORT
COMBATANT COMMAND MILITARY CONSTRUCTION
PRIORITIES.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Evaluations.>> 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
[[Page 134 STAT. 4359]]
extended or made permanent, the likely positive and negative
impacts of expansion to cover all or additional combatant
commands; and
(2) <<NOTE: Recommenda- tions.>> the recommendations of the
Secretary regarding whether the pilot program should be extended
or made permanent and expanded.
SEC. 2864. <<NOTE: 10 USC 2911 note.>> PILOT PROGRAM TO TEST USE
OF EMERGENCY DIESEL GENERATORS IN A
MICROGRID CONFIGURATION AT CERTAIN
MILITARY INSTALLATIONS.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Criteria.>> to establish design criteria that
could be used to build and sustain emergency diesel generator
microgrids at other military installations.
(c) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4360]]
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. <<NOTE: 10 USC 2802 note.>> 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
[[Page 134 STAT. 4361]]
the report under paragraph (1) in which the project is
included.
(c) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 7771 note prec.>> 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) <<NOTE: Evaluation.>> 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
[[Page 134 STAT. 4362]]
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 <<NOTE: Certification.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> The recommendations of the
Secretary regarding whether the pilot program should be
extended, expanded, or made permanent.
(h) <<NOTE: Expiration date.>> 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
[[Page 134 STAT. 4363]]
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) <<NOTE: Plans.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Notification.>> 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. <<NOTE: 10 USC 483.>> Notifications related to basing
decision-making process
``(a) <<NOTE: Applicability.>> 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.
[[Page 134 STAT. 4364]]
``(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) <<NOTE: Applicability.>> 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) <<NOTE: Summary. Applicability.>> A summary of any
internal score cards that will be or were, whichever applies,
used to make the basing decision.
``(d) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4365]]
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) <<NOTE: Update.>> 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) <<NOTE: List.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Timeline. Determination.>> 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.''.
[[Page 134 STAT. 4366]]
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 10, United States <<NOTE: 10 USC 480 prec.>> 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) <<NOTE: Consultation. Determination.>> 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). <<NOTE: Classified information.>> The
report shall be submitted in unclassified form, but may include a
classified annex.
[[Page 134 STAT. 4367]]
(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) <<NOTE: Time period. Certification.>> 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
[[Page 134 STAT. 4368]]
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) <<NOTE: Certification.>> 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) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Plan.>> 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
[[Page 134 STAT. 4369]]
system and its associated construction projects and
other infrastructure projects.
(3) <<NOTE: Notification.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4370]]
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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 1781b note.>> 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 <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4371]]
(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) <<NOTE: Data. Determination.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Deadline. Time periods. Assessment.>> 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.
[[Page 134 STAT. 4372]]
SEC. 2884. <<NOTE: 10 USC 2672 note.>> DEPARTMENT OF DEFENSE
POLICY FOR REGULATION IN MILITARY
COMMUNITIES OF DANGEROUS DOGS KEPT AS
PETS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4373]]
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.
[[Page 134 STAT. 4374]]
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.
[[Page 134 STAT. 4375]]
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. <<NOTE: 50 USC 2538e.>> 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) <<NOTE: Assessment.>> An initial assessment of
the requirements a W93 nuclear weapon program is likely
to generate for the nuclear security enterprise,
including--
[[Page 134 STAT. 4376]]
``(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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 4377]]
``(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. <<NOTE: 50 USC 2538f.>> 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--
[[Page 134 STAT. 4378]]
``(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. <<NOTE: 50 USC 2512 note.>> 3113. MONITORING OF INDUSTRIAL
BASE FOR NUCLEAR WEAPONS COMPONENTS,
SUBSYSTEMS, AND MATERIALS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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
[[Page 134 STAT. 4379]]
(B) the plan for providing that official with
resources sufficient to conduct the monitoring required
by subsection (a).
(2) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4380]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Plan.>> 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).
[[Page 134 STAT. 4381]]
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. <<NOTE: 50 USC 2591.>> 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. <<NOTE: 50 USC 2581 note.>> CLASSIFICATION OF DEFENSE
ENVIRONMENTAL CLEANUP AS CAPITAL ASSET
PROJECTS OR OPERATIONS ACTIVITIES.
(a) <<NOTE: Consultation. Requirements.>> 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) <<NOTE: Assessment.>> 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''.
[[Page 134 STAT. 4382]]
SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL
TREATMENT OF LOW-ACTIVITY WASTE AT
HANFORD NUCLEAR RESERVATION.
(a) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 4383]]
(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 <<NOTE: Applicability.>> 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. <<NOTE: 50 USC 2662.>> 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) <<NOTE: Consultation.>> In general.--The
Administrator shall, in consultation with the officials
specified in paragraph (2), establish criteria
[[Page 134 STAT. 4384]]
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) <<NOTE: Summary.>> 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
[[Page 134 STAT. 4385]]
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
[[Page 134 STAT. 4386]]
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 <<NOTE: 5 USC 5941 note prec.>> 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);''.
[[Page 134 STAT. 4387]]
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
[[Page 134 STAT. 4388]]
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) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Deadline.>> 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:
[[Page 134 STAT. 4389]]
(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.
[[Page 134 STAT. 4390]]
``(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.''.
[[Page 134 STAT. 4391]]
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) <<NOTE: Definition.>> 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) <<NOTE: Consultation. Contracts.>> 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:
[[Page 134 STAT. 4392]]
(1) <<NOTE: Evaluation.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> an evaluation of the
relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Consultation. Contracts.>> 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
[[Page 134 STAT. 4393]]
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) <<NOTE: Time period.>> 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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 4394]]
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) <<NOTE: Deadline. Public information.>> 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) <<NOTE: List.>> a list of the
individuals present at the meeting; and
``(ii) <<NOTE: Summary. Determination.>> 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
[[Page 134 STAT. 4395]]
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
[[Page 134 STAT. 4396]]
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
[[Page 134 STAT. 4397]]
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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4398]]
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) <<NOTE: Deadline. Web posting.>> 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) <<NOTE: Effective date. 46 USC 501 note.>>
Applicability.--The amendments made by paragraph (1) shall apply
with respect to waivers issued after the date of the enactment
of this Act.
(b) <<NOTE: Time periods. Public information. Web posting. 46 USC
56101 note.>> 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) <<NOTE: Summary.>> 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
[[Page 134 STAT. 4399]]
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)--
[[Page 134 STAT. 4400]]
(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) <<NOTE: Grants. Time period. Determination.80Audit.>>
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--
[[Page 134 STAT. 4401]]
``(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--
[[Page 134 STAT. 4402]]
``(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. <<NOTE: 46 USC 50308.>> Maritime transportation
system emergency relief program
``(a) <<NOTE: Grants. Contracts.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4403]]
``(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) <<NOTE: Procedures.>> 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
[[Page 134 STAT. 4404]]
``(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.''.
[[Page 134 STAT. 4405]]
(b) Clerical Amendment.--The analysis for such chapter <<NOTE: 46
USC 50301 prec.>> is amended by adding at the end the following:
``50308. Port development; maritime transportation system emergency
relief program.''.
(c) <<NOTE: 46 USC 50308 note.>> 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.-- <<NOTE: Requirement.>> 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) <<NOTE: 46 USC 54101 prec.>> in the analysis for
chapter 541, by striking the item relating to section 54102; and
(2) <<NOTE: 46 USC 51701 prec.>> 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. <<NOTE: 46 USC 51707.>> Merchant mariner
recruitment, training, and retention strategic
plan
``(a) Strategic Plan.--
``(1) <<NOTE: Deadline. Time period. Federal Register,
publication.>> 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
[[Page 134 STAT. 4406]]
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) <<NOTE: Records.>> 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) <<NOTE: Determination.>> 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 <<NOTE: 46
USC 51701 prec.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> develop
recommendations to improve licensed and unlicensed
merchant mariner access to assistance described in
subparagraph (A).
(2) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4407]]
Senate a briefing on the results of the study required
under paragraph (1); and
(B) <<NOTE: Public information. Web posting.>> make
such results publicly available on an appropriate
website.
SEC. 3509. PUBLICATION OF INFORMATION ABOUT STUDENTS AND RECENT
GRADUATES OF MARITIME ACADEMIES.
Not <<NOTE: Deadline. Public information. Web posting. Data.>>
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) <<NOTE: Time period.>> 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) <<NOTE: Effective date. Time period.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Effective date.>> 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.
[[Page 134 STAT. 4408]]
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Part C of subtitle V of title 46, United States
Code, <<NOTE: 46 USC 53401 prec.>> 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. <<NOTE: 46 USC 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
[[Page 134 STAT. 4409]]
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. <<NOTE: 46 USC 53402.>> Establishment of the Tanker
Security Fleet
``(a) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4410]]
``(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. <<NOTE: Applicability.>> --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) <<NOTE: Applicability.>> 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) <<NOTE: Approval.>> 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) <<NOTE: Certification.>>
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) <<NOTE: Contracts.>> 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) <<NOTE: Notification.>> 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.
[[Page 134 STAT. 4411]]
``(3) Vessels owned and operated by a defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) <<NOTE: Applicability.>> 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) <<NOTE: Contracts.>> has entered into
a special security agreement for the purpose of
this paragraph with the Secretary of Defense;
``(iv) <<NOTE: Certification.>> makes the
certification described in paragraph
(2)(A)(ii)(III); and
``(v) <<NOTE: Contracts.>> in the case of a
vessel described in paragraph (2)(B), enters into
an agreement referred to in that paragraph; and
``(B) <<NOTE: Notification.>> 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) <<NOTE: Waivers. Determination.>> 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) <<NOTE: Determinations. Effective date.>> 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) <<NOTE: Compliance. Guidelines.>> the vessel
complies with applicable international agreements and
associated guidelines, as determined by
[[Page 134 STAT. 4412]]
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) <<NOTE: Certification. Compliance.>> 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. <<NOTE: Contracts. 46 USC 53403.>> Award of
operating agreements
``(a) <<NOTE: Requirements.>> 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
[[Page 134 STAT. 4413]]
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. <<NOTE: Contracts. Deadlines. 46 USC 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. <<NOTE: Time period.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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
[[Page 134 STAT. 4414]]
``(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. <<NOTE: Contracts. 46 USC 53405.>> Obligations and
rights under operating agreements
``(a) <<NOTE: Requirements.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 4415]]
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. <<NOTE: 46 USC 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) <<NOTE: Regulations. Time period.>> 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.
[[Page 134 STAT. 4416]]
``(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. <<NOTE: Contracts. 46 USC 53407.>> National
security requirements
``(a) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4417]]
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. <<NOTE: 46 USC 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
[[Page 134 STAT. 4418]]
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) <<NOTE: Compliance.>> 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. <<NOTE: 46 USC 53409.>> Special rule regarding age
of participating Fleet vessels
``Any <<NOTE: Time period. Determination.>> 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 4419]]
``(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, <<NOTE: 46 USC 50101 prec.>> is amended
by adding at the end the following:
``534. Tanker Security Fleet....................................53401''.
(c) <<NOTE: 46 USC 53402 note.>> 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) <<NOTE: Coordination.>> 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.--
<<NOTE: Approval. Effective date.>> 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) <<NOTE: 46 USC 53401 note.>> 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) <<NOTE: Publication. Certification.>> 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.
[[Page 134 STAT. 4420]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline. Contracts. Consultation.>> 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
[[Page 134 STAT. 4421]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Classified information.>> Form.--The report
required by paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
[[Page 134 STAT. 4422]]
(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) <<NOTE: Compliance.>> 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.
[[Page 134 STAT. 4423]]
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.
[[Page 134 STAT. 4424]]
012 MLRS REDUCED RANGE 30,836 30,836
PRACTICE ROCKETS
(RRPR).
013 HIGH MOBILITY 41,226 51,226
ARTILLERY ROCKET
SYSTEM (HIMARS).
Army requested [10,000]
transfer from
OM,A line 121.
MODIFICATIONS
016 PATRIOT MODS......... 278,050 278,050
017 ATACMS MODS.......... 141,690 141,690
020 AVENGER MODS......... 13,942 13,942
021 ITAS/TOW MODS........ 5,666 5,666
022 MLRS MODS............ 310,419 310,419
023 HIMARS MODIFICATIONS. 6,081 6,081
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 5,090 5,090
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
025 AIR DEFENSE TARGETS.. 8,978 8,978
TOTAL MISSILE 3,491,507 3,451,648
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 192,971 139,254
VEHICLE (AMPV).
Forward financing [-53,717]
of vehicle
manufacturing.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 847,212 1,168,212
CROWS-J program [-39,160]
delay.
Program increase-- [375,000]
Army UPL.
Unit cost growth. [-14,840]
005 BRADLEY PROGRAM (MOD) 493,109 435,759
Prior year carry- [-17,350]
over.
UBIS early to [-40,000]
need.
006 M109 FOV 26,893 26,893
MODIFICATIONS.
007 PALADIN INTEGRATED 435,825 435,825
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,074 5,074
010 ASSAULT BREACHER 19,500 19,500
VEHICLE.
011 M88 FOV MODS......... 18,382 18,382
012 JOINT ASSAULT BRIDGE. 72,178 19,247
Program delay.... [-52,931]
013 M1 ABRAMS TANK (MOD). 392,013 392,013
014 ABRAMS UPGRADE 1,033,253 1,020,396
PROGRAM.
Component cost [-3,480]
savings.
Prior year carry- [-9,377]
over.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 17,864 17,864
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,288 10,288
019 XM320 GRENADE 5,969 5,969
LAUNCHER MODULE
(GLM).
020 PRECISION SNIPER 10,137 10,137
RIFLE.
021 COMPACT SEMI- 999 999
AUTOMATIC SNIPER
SYSTEM.
022 CARBINE.............. 7,411 7,411
023 NEXT GENERATION SQUAD 35,822 35,822
WEAPON.
024 COMMON REMOTELY 24,534 24,534
OPERATED WEAPONS
STATION.
025 HANDGUN.............. 4,662 4,662
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 MK-19 GRENADE MACHINE 6,444 6,444
GUN MODS.
027 M777 MODS............ 10,983 10,983
028 M4 CARBINE MODS...... 4,824 4,824
031 M240 MEDIUM MACHINE 6,385 6,385
GUN MODS.
032 SNIPER RIFLES 1,898 1,898
MODIFICATIONS.
033 M119 MODIFICATIONS... 2,009 2,009
034 MORTAR MODIFICATION.. 1,689 1,689
035 MODIFICATIONS LESS 2,604 2,604
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
036 ITEMS LESS THAN $5.0M 2,763 2,763
(WOCV-WTCV).
037 PRODUCTION BASE 3,045 3,045
SUPPORT (WOCV-WTCV).
TOTAL 3,696,740 3,840,885
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
[[Page 134 STAT. 4425]]
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]
[[Page 134 STAT. 4426]]
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).
[[Page 134 STAT. 4427]]
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.
[[Page 134 STAT. 4428]]
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.
[[Page 134 STAT. 4429]]
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
[[Page 134 STAT. 4430]]
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
[[Page 134 STAT. 4431]]
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.
[[Page 134 STAT. 4432]]
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.
[[Page 134 STAT. 4433]]
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
[[Page 134 STAT. 4434]]
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.
[[Page 134 STAT. 4435]]
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.
[[Page 134 STAT. 4436]]
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.
[[Page 134 STAT. 4437]]
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
[[Page 134 STAT. 4438]]
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
[[Page 134 STAT. 4439]]
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
[[Page 134 STAT. 4440]]
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.
[[Page 134 STAT. 4441]]
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
[[Page 134 STAT. 4442]]
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.
[[Page 134 STAT. 4443]]
068 C-130 MODIFICATIONS.. 20,414 20,414
SHIPBUILDING
069 UNDERWATER SYSTEMS... 20,556 20,556
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS 186,197 186,197
<$5M.
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 260,733 260,733
<$5M.
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
[[Page 134 STAT. 4444]]
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
[[Page 134 STAT. 4445]]
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
[[Page 134 STAT. 4446]]
OTHER SHIP SUPPORT
035 SMALL & MEDIUM UUV... 2,946 2,946
ASW ELECTRONIC
EQUIPMENT
043 FIXED SURVEILLANCE 213,000 213,000
SYSTEM.
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 26,196 26,196
AIRCRAFT SUPPORT
EQUIPMENT
095 AIRCRAFT SUPPORT 60,217 60,217
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 2,124 2,124
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 177 177
VEHICLES.
116 GENERAL PURPOSE 416 416
TRUCKS.
118 FIRE FIGHTING 801 801
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
125 FIRST DESTINATION 520 520
TRANSPORTATION.
TRAINING DEVICES
128 TRAINING AND 11,500 11,500
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 MEDICAL SUPPORT 3,525 3,525
EQUIPMENT.
136 PHYSICAL SECURITY 3,000 3,000
EQUIPMENT.
TOTAL OTHER 343,526 343,526
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 17,456 17,456
(GMLRS).
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,200 4,200
INTELL/COMM EQUIPMENT
(NON-TEL)
022 INTELLIGENCE SUPPORT 10,124 10,124
EQUIPMENT.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 16,183 16,183
MODIFICATIONS.
TOTAL 47,963 47,963
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
013 COMBAT RESCUE 174,000 174,000
HELICOPTER.
OTHER AIRCRAFT
020 MQ-9................. 142,490 57,900
ECP excess to [-8,600]
need.
Production line [-75,990]
shutdown ahead of
need.
021 RQ-20B PUMA.......... 13,770 13,770
STRATEGIC AIRCRAFT
026 LARGE AIRCRAFT 57,521 57,521
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
046 U-2 MODS............. 9,600 9,600
055 COMPASS CALL......... 12,800 12,800
066 HC/MC-130 58,020 58,020
MODIFICATIONS.
069 MQ-9 UAS PAYLOADS.... 46,100 63,500
WAMI combat loss [17,400]
replacement.
070 CV-22 MODS........... 6,290 6,290
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 10,700 10,700
PARTS.
072 MQ-9................. 12,250 12,250
COMMON SUPPORT
EQUIPMENT
073 AIRCRAFT REPLACEMENT 25,614 25,614
SUPPORT EQUIP.
TOTAL AIRCRAFT 569,155 501,965
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 30,000 30,000
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 143,420 143,420
MISSILE.
009 SMALL DIAMETER BOMB.. 50,352 50,352
TOTAL MISSILE 223,772 223,772
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
[[Page 134 STAT. 4447]]
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 105,355 105,355
<$5M.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 16,234 16,234
[[Page 134 STAT. 4448]]
073 OTHER ITEMS <$5M.. 984 984
076 TACTICAL VEHICLES.... 2,990 2,990
077 WARRIOR SYSTEMS 32,573 32,573
<$5M.
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]
[[Page 134 STAT. 4449]]
.................................. 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.
[[Page 134 STAT. 4450]]
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).
[[Page 134 STAT. 4451]]
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
[[Page 134 STAT. 4452]]
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
[[Page 134 STAT. 4453]]
.................................. 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.
[[Page 134 STAT. 4454]]
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
[[Page 134 STAT. 4455]]
.................................. 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.
[[Page 134 STAT. 4456]]
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
[[Page 134 STAT. 4457]]
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.
[[Page 134 STAT. 4458]]
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]
[[Page 134 STAT. 4459]]
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
[[Page 134 STAT. 4460]]
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
[[Page 134 STAT. 4461]]
.................................. 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.
[[Page 134 STAT. 4462]]
.................................. 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]
[[Page 134 STAT. 4463]]
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.
[[Page 134 STAT. 4464]]
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
[[Page 134 STAT. 4465]]
.................................. 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.
[[Page 134 STAT. 4466]]
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.
[[Page 134 STAT. 4467]]
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).
[[Page 134 STAT. 4468]]
.................................. 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.
[[Page 134 STAT. 4469]]
.................................. 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.
..................................
[[Page 134 STAT. 4470]]
.................................. 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
[[Page 134 STAT. 4471]]
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.
[[Page 134 STAT. 4472]]
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).
[[Page 134 STAT. 4473]]
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.
[[Page 134 STAT. 4474]]
.................................. 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
[[Page 134 STAT. 4475]]
..................................
.................................. 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]
[[Page 134 STAT. 4476]]
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
[[Page 134 STAT. 4477]]
131 0604741A AIR DEFENSE 27,000 27,000
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
159 0605035A COMMON INFRARED 2,300 2,300
COUNTERMEASURES
(CIRCM).
166 0605051A AIRCRAFT 64,625 64,625
SURVIVABILITY
DEVELOPMENT.
183 0304270A ELECTRONIC 3,900 3,900
WARFARE
DEVELOPMENT.
................ SUBTOTAL 97,825 97,825
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ MANAGEMENT
SUPPORT
198 0605709A EXPLOITATION OF 1,000 1,000
FOREIGN ITEMS.
209 0606003A COUNTERINTEL AND 4,137 4,137
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL 5,137 5,137
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0203802A OTHER MISSILE 2,300 2,300
PRODUCT
IMPROVEMENT
PROGRAMS.
248 0303028A SECURITY AND 23,367 23,367
INTELLIGENCE
ACTIVITIES.
257 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
258 0305206A AIRBORNE 15,575 15,575
RECONNAISSANCE
SYSTEMS.
................ SUBTOTAL 75,342 75,342
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 182,824 182,824
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
039 0603527N RETRACT LARCH... 36,500 36,500
058 0603654N JOINT SERVICE 14,461 14,461
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
063 0603734N CHALK CORAL..... 3,000 3,000
071 0603795N LAND ATTACK 1,457 1,457
TECHNOLOGY.
................ SUBTOTAL 55,418 55,418
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
142 0604755N SHIP SELF 1,144 1,144
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL 1,144 1,144
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
229 0206625M USMC 3,000 3,000
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
................ SUBTOTAL 3,000 3,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 59,562 59,562
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ UNDISTRIBUTED
185 0205671F JOINT COUNTER 4,080 4,080
RCIED
ELECTRONIC
WARFARE.
228 0208288F INTEL DATA 1,224 1,224
APPLICATIONS.
................ SUBTOTAL 5,304 5,304
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 5,304 5,304
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................ APPLIED RESEARCH
010 0602134BR COUNTER 3,699 3,699
IMPROVISED-
THREAT ADVANCED
STUDIES.
................ SUBTOTAL 3,699 3,699
APPLIED
RESEARCH.
[[Page 134 STAT. 4478]]
................
................ 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
[[Page 134 STAT. 4479]]
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
[[Page 134 STAT. 4480]]
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
[[Page 134 STAT. 4481]]
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.....................
[[Page 134 STAT. 4482]]
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
[[Page 134 STAT. 4483]]
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]
[[Page 134 STAT. 4484]]
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..............
[[Page 134 STAT. 4485]]
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
[[Page 134 STAT. 4486]]
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
[[Page 134 STAT. 4487]]
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
[[Page 134 STAT. 4488]]
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
[[Page 134 STAT. 4489]]
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..........
[[Page 134 STAT. 4490]]
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
[[Page 134 STAT. 4491]]
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......................
[[Page 134 STAT. 4492]]
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
[[Page 134 STAT. 4493]]
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
[[Page 134 STAT. 4494]]
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...................
[[Page 134 STAT. 4495]]
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
[[Page 134 STAT. 4496]]
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
[[Page 134 STAT. 4497]]
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
[[Page 134 STAT. 4498]]
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.
[[Page 134 STAT. 4499]]
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
[[Page 134 STAT. 4500]]
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]
[[Page 134 STAT. 4501]]
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
[[Page 134 STAT. 4502]]
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
[[Page 134 STAT. 4503]]
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
[[Page 134 STAT. 4504]]
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.
........................
[[Page 134 STAT. 4505]]
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.
[[Page 134 STAT. 4506]]
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
[[Page 134 STAT. 4507]]
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
[[Page 134 STAT. 4508]]
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
[[Page 134 STAT. 4509]]
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
......................
[[Page 134 STAT. 4510]]
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
[[Page 134 STAT. 4511]]
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
[[Page 134 STAT. 4512]]
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
[[Page 134 STAT. 4513]]
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
......................
[[Page 134 STAT. 4514]]
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
[[Page 134 STAT. 4515]]
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
[[Page 134 STAT. 4516]]
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
[[Page 134 STAT. 4517]]
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
[[Page 134 STAT. 4518]]
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
[[Page 134 STAT. 4519]]
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.................
[[Page 134 STAT. 4520]]
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..................................
[[Page 134 STAT. 4521]]
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
[[Page 134 STAT. 4522]]
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
[[Page 134 STAT. 4523]]
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 <<NOTE: National Artificial Intelligence Initiative
Act of 2020.>> ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
SEC. 5001. <<NOTE: 15 USC 9401 note.>> SHORT TITLE.
This division may be cited as the ``National Artificial Intelligence
Initiative Act of 2020''.
SEC. 5002. <<NOTE: 15 USC 9401.>> 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).
[[Page 134 STAT. 4524]]
(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. <<NOTE: 15 USC 9411.>> NATIONAL ARTIFICIAL
INTELLIGENCE INITIATIVE.
(a) <<NOTE: President.>> 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--
[[Page 134 STAT. 4525]]
(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) <<NOTE: President.>> 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) <<NOTE: Determination.>> 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--
[[Page 134 STAT. 4526]]
(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. <<NOTE: 15 USC 9412.>> NATIONAL ARTIFICIAL
INTELLIGENCE INITIATIVE OFFICE.
(a) <<NOTE: Appointment.>> 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) <<NOTE: Coordination. Updates. Summary.>> 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. <<NOTE: 15 USC 9413.>> 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
[[Page 134 STAT. 4527]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Strategic plan. Updates. Time
period.>> 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,
[[Page 134 STAT. 4528]]
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. <<NOTE: 15 USC 9414.>> NATIONAL ARTIFICIAL
INTELLIGENCE ADVISORY COMMITTEE.
(a) <<NOTE: Consultation. Establishment.>> 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) <<NOTE: Appointments.>> 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);
[[Page 134 STAT. 4529]]
(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.
[[Page 134 STAT. 4530]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Contracts.>> 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
[[Page 134 STAT. 4531]]
(4) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records. Public information. Web posting.>>
make a copy of such report available on a publicly accessible
website.
SEC. 5106. <<NOTE: 15 USC 9415.>> NATIONAL AI RESEARCH RESOURCE
TASK FORCE.
(a) Establishment of Task Force.--
(1) Establishment.--
(A) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4532]]
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) <<NOTE: Assessment. Recommenda- tions.>> 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) <<NOTE: Assessment. Requirements.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 4533]]
(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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4534]]
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. <<NOTE: 15 USC 9431.>> 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) <<NOTE: Determination.>> 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;
[[Page 134 STAT. 4535]]
(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) <<NOTE: Data.>> 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,
[[Page 134 STAT. 4536]]
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. <<NOTE: 15 USC 278h-1.>> 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.
[[Page 134 STAT. 4537]]
``(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) <<NOTE: Data.>> 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) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Deadline. Updates.>> 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
[[Page 134 STAT. 4538]]
Science Foundation and the Department of Energy, a voluntary risk
management framework for trustworthy artificial intelligence systems.
The framework shall--
``(1) <<NOTE: Guidelines. Procedures.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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;
[[Page 134 STAT. 4539]]
``(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. <<NOTE: 15 USC 9441.>> 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. <<NOTE: 15 USC 9442.>> NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION ARTIFICIAL
INTELLIGENCE CENTER.
(a) <<NOTE: Establishment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> coordinate and facilitate
artificial intelligence research and innovation, tools, systems,
and capabilities across the National Oceanic and Atmospheric
Administration;
(2) <<NOTE: Data standards.>> establish data standards and
develop and maintain a central repository for agency-wide
artificial intelligence applications;
[[Page 134 STAT. 4540]]
(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) <<NOTE: Data.>> 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) <<NOTE: Consultation. Determination.>> 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. <<NOTE: 15 USC 9451.>> 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
[[Page 134 STAT. 4541]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Evaluation.>> 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
[[Page 134 STAT. 4542]]
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) <<NOTE: Grants.>> 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) <<NOTE: Grants.>> 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
[[Page 134 STAT. 4543]]
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
[[Page 134 STAT. 4544]]
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)). <<NOTE: Evaluations.>>
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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4545]]
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research
program.
SEC. 5501. <<NOTE: 15 USC 9461.>> 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. <<NOTE: Coordination. Determination.>>
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) <<NOTE: Analysis. Data. Determination.>> 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) <<NOTE: Data.>> 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.
[[Page 134 STAT. 4546]]
(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) <<NOTE: Review.>> 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) <<NOTE: Review.>> 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.
[[Page 134 STAT. 4547]]
(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 <<NOTE: Anti-Money Laundering Act of 2020.>>
LAUNDERING
SEC. 6001. <<NOTE: 31 USC 5301 note.>> SHORT TITLE.
This division may be cited as the ``Anti-Money Laundering Act of
2020''.
SEC. 6002. <<NOTE: 31 USC 5311 note.>> 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;
[[Page 134 STAT. 4548]]
(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. <<NOTE: 31 USC 5311 note.>> 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)).
[[Page 134 STAT. 4549]]
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. <<NOTE: 31 USC 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.''.
[[Page 134 STAT. 4550]]
(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) <<NOTE: Compliance.>> 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.--
[[Page 134 STAT. 4551]]
``(A) <<NOTE: Deadline. Consultation. Public
information.>> 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) <<NOTE: Time period. Consultation.>>
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) <<NOTE: Deadline. Consultation.>>
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:
[[Page 134 STAT. 4552]]
``(J) <<NOTE: Regulations.>> 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''.
[[Page 134 STAT. 4553]]
(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.
[[Page 134 STAT. 4554]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Procedures.>> 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
[[Page 134 STAT. 4555]]
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. <<NOTE: 31 USC 5311 note.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Detailees.>> 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) <<NOTE: Time periods.>> 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
[[Page 134 STAT. 4556]]
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. <<NOTE: 31 USC 316.>> Treasury Attache Program
``(a) <<NOTE: Appointments.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Time period.>> Phase in.--The compensation
described in paragraph (1) shall be phased in over 2 years.''.
[[Page 134 STAT. 4557]]
(b) Clerical Amendment.--The table of sections for chapter 3 of
title 31, United States Code, <<NOTE: 31 USC 301 prec.>> 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) <<NOTE: District of Columbia.>> 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) <<NOTE: Appointment.>> 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) <<NOTE: Appointments.>> 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;
[[Page 134 STAT. 4558]]
``(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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda-
tions. Coordination.>> 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
[[Page 134 STAT. 4559]]
``(iv) any other information, as determined
appropriate by the Director.
``(C) <<NOTE: Reviews.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Appointments.>> 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;
[[Page 134 STAT. 4560]]
``(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) <<NOTE: Coordination.>> 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,
[[Page 134 STAT. 4561]]
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) <<NOTE: Applicability.>> 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 <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4562]]
antiquities, subject to regulations prescribed by the
Secretary;''.
(2) <<NOTE: 31 USC 5312 note.>> 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) <<NOTE: 31 USC 5312 note.>> Rulemaking.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Coordination. Analyses.>> --
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) <<NOTE: Evaluation.>> 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;
[[Page 134 STAT. 4563]]
(5) whether thresholds and definitions should apply in
determining which entities, if any, to regulate;
(6) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination. Determinations.>> 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) <<NOTE: Time periods.>> 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.
[[Page 134 STAT. 4564]]
(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) <<NOTE: 31 USC 5311 note.>> 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) <<NOTE: 22 USC 262p-13 note.>> 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.
[[Page 134 STAT. 4565]]
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. <<NOTE: 31 USC 5311 note.>> ANNUAL REPORTING
REQUIREMENTS.
(a) <<NOTE: Time period. Consultation. Data.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Effective date. Time period. Data.>> 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
[[Page 134 STAT. 4566]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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.
[[Page 134 STAT. 4567]]
``(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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4568]]
``(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. <<NOTE: 31 USC 5318 note.>> 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) <<NOTE: Records.>> 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.
[[Page 134 STAT. 4569]]
SEC. 6204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION
REPORTS AND SUSPICIOUS ACTIVITY REPORTS.
(a) <<NOTE: Consultation. Regulations.>> 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
[[Page 134 STAT. 4570]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Determinations.>> submit to Congress a report
that contains all findings and determinations made in carrying
out the review required under subsection (a); and
(2) <<NOTE: Regulations.>> propose rulemakings, as
appropriate, to implement the findings and determinations
described in paragraph (1).
SEC. 6205. <<NOTE: Consultations. 31 USC 5313 note.>> CURRENCY
TRANSACTION REPORTS AND SUSPICIOUS
ACTIVITY REPORTS THRESHOLDS REVIEW.
(a) <<NOTE: Determinations.>> 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--
[[Page 134 STAT. 4571]]
(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) <<NOTE: Publication.>> 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) <<NOTE: Time periods. Effective date.>> 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) <<NOTE: Evaluations.>> evaluate findings and
rulemakings described in subsection (c); and
(2) <<NOTE: Summary.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Time period. Publication.>>
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
[[Page 134 STAT. 4572]]
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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4573]]
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) <<NOTE: Renewal. Time periods. Effective
date.>> 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. <<NOTE: 31 USC 5311 note.>> ESTABLISHMENT OF BANK
SECRECY ACT INNOVATION OFFICERS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Consultation. Compliance.>> 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--
[[Page 134 STAT. 4574]]
``(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) <<NOTE: Criteria.>> 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) <<NOTE: Requirements.>> requirements for
appropriate data privacy and information security; and
``(F) <<NOTE: Requirements.>> 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) <<NOTE: Disclosure.>> 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) <<NOTE: 12 USC 3305 note.>> 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
[[Page 134 STAT. 4575]]
(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. <<NOTE: Consultations.>> FINANCIAL TECHNOLOGY
ASSESSMENT.
(a) <<NOTE: Determination.>> 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) <<NOTE: Data.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 31 USC 5311 note.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Review.>> 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.
[[Page 134 STAT. 4576]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Regulations. Coordination.>>
Issuance of rules.--Not later than 1 year after
the date of enactment of this paragraph, the
[[Page 134 STAT. 4577]]
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) <<NOTE: Termination
date. Extension. Time period.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Consultation. Evaluation.
Analysis.>> 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) <<NOTE: Legislative
proposal. Determination.>> 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.--
[[Page 134 STAT. 4578]]
``(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) <<NOTE: China.>> the People's
Republic of China;
``(II) <<NOTE: Russia.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline. Time period. Briefing.>>
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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4579]]
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) <<NOTE: 31 USC 5318 note.>> Rule of Construction.--The
amendment made by subsection (a) may not be construed to require
financial institutions to share resources.
SEC. 6214. <<NOTE: 31 USC 5311 note.>> ENCOURAGING INFORMATION
SHARING AND PUBLIC-PRIVATE PARTNERSHIPS.
(a) <<NOTE: Examination.>> 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;
[[Page 134 STAT. 4580]]
(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) <<NOTE: Deadline. Reports.>> 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--
[[Page 134 STAT. 4581]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Regulations. Standards.>> 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) <<NOTE: Proposals.>> 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;
[[Page 134 STAT. 4582]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Determinations.>> all findings and
determinations made in carrying out the review required
under this subsection; and
(B) the strategy developed under paragraph (4).
SEC. 6216. <<NOTE: 31 USC 5311 note.>> REVIEW OF REGULATIONS AND
GUIDANCE.
(a) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4583]]
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) <<NOTE: Consultation. Determinations. Recommenda- tions.>>
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.
[[Page 134 STAT. 4584]]
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
[[Page 134 STAT. 4585]]
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) <<NOTE: Determination.>> 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) <<NOTE: Renewal. Time period. Effective
date.>> 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. <<NOTE: 31 USC 5311 note.>> ESTABLISHMENT OF BANK
SECRECY ACT INFORMATION SECURITY
OFFICERS.
(a) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 4586]]
(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) <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 4587]]
``(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. <<NOTE: 31 USC 310 note.>> ASSESSMENT OF BANK SECRECY
ACT NO-ACTION LETTERS.
(a) Assessment.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: Timeline. Consultation.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Determinations.>> submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report that contains all findings and determinations made in
carrying out the assessment required under subsection (a); and
(2) propose rulemakings, if appropriate, to implement the
findings and determinations described in paragraph (1).
SEC. 6306. COOPERATION WITH LAW ENFORCEMENT.
(a) In General.--
(1) Amendment to title 31.--Subchapter II of chapter 53 of
title 31, United States Code, is amended by adding at the end
the following:
[[Page 134 STAT. 4588]]
``Sec. 5333. <<NOTE: 31 USC 5333.>> Safe harbor with respect to
keep open directives
``(a) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 12 USC 1960.>> Safe harbor with respect to
keep open directives
``(a) <<NOTE: Applicability.>> Definition.--In this section, the
term `financial institution' means an entity to which section 123(b)
applies.
[[Page 134 STAT. 4589]]
``(b) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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, <<NOTE: 31 USC 5301 prec.>> 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.''.
[[Page 134 STAT. 4590]]
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. <<NOTE: 31 USC 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) <<NOTE: Consultation.>> 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, <<NOTE: 31 USC 5301 prec.>> 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) <<NOTE: Definition.>> 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--
[[Page 134 STAT. 4591]]
``(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) <<NOTE: Courts.>> 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--
[[Page 134 STAT. 4592]]
``(aa) resides in the United
States; and
``(bb) is authorized to
accept service of legal process
for records covered under this
subsection.
``(ii) <<NOTE: Deadline.>> 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) <<NOTE: Courts. Compliance.>> 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) <<NOTE: Records.>> 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) <<NOTE: Testimony.>>
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.--
[[Page 134 STAT. 4593]]
``(i) <<NOTE: Deadline. Consultation. Determination
.>> 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) <<NOTE: Compliance.>> to
comply with a subpoena issued under
subparagraph (A)(i); or
``(II) <<NOTE: Courts.>> 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) <<NOTE: Penalties.>> 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) <<NOTE: Penalties.>>
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) <<NOTE: Effective
date.>> 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) <<NOTE: Courts.>>
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).
[[Page 134 STAT. 4594]]
``(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) <<NOTE: Penalties.>> 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.
[[Page 134 STAT. 4595]]
``(2) <<NOTE: Determinations. Effective date.>>
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) <<NOTE: Time period.>> 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) <<NOTE: 31 USC 5321 note.>> 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) <<NOTE: Time period. Lists.>> 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) <<NOTE: Coordination.>> 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.
[[Page 134 STAT. 4596]]
(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) <<NOTE: Penalties. Determination.>> 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) <<NOTE: Determination. 31 USC 5322 note.>> 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. <<NOTE: 31 USC 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
[[Page 134 STAT. 4597]]
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) <<NOTE: Courts.>> 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, <<NOTE: 31 USC 5301 prec.>>
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:
[[Page 134 STAT. 4598]]
``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) <<NOTE: Regulations. Consultation.>> 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
[[Page 134 STAT. 4599]]
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) <<NOTE: Consultation. Regulations.>>
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) <<NOTE: Consultation. Regulations.>> to any
whistleblower who fails to submit information to the
Secretary or the Attorney General, as applicable,
[[Page 134 STAT. 4600]]
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) <<NOTE: Determination.>> 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) <<NOTE: Courts.>> Requirements.--
``(A) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4601]]
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) <<NOTE: Deadline. Time period. Courts.>> 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) <<NOTE: Applicability.>> 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
[[Page 134 STAT. 4602]]
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;
[[Page 134 STAT. 4603]]
``(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) <<NOTE: Consultation.>> 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, <<NOTE: 31 USC 5301 prec.>>
United States Code, is amended--
(1) by striking the item relating to section 5323 and
inserting the following:
``5323. Whistleblower incentives and protections.''; and
(2) by striking the item relating to section 5328.
[[Page 134 STAT. 4604]]
TITLE LXIV <<NOTE: Corporate Transparency Act.>> --ESTABLISHING
BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
SEC. 6401. <<NOTE: 31 USC 5301 note.>> SHORT TITLE.
This title may be cited as the ``Corporate Transparency Act''.
SEC. 6402. <<NOTE: 31 USC 5336 note.>> 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--
[[Page 134 STAT. 4605]]
(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. <<NOTE: 31 USC 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--
[[Page 134 STAT. 4606]]
``(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--
[[Page 134 STAT. 4607]]
``(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;
[[Page 134 STAT. 4608]]
``(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
[[Page 134 STAT. 4609]]
``(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
[[Page 134 STAT. 4610]]
``(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) <<NOTE: Regulations.>> Reporting.--
``(A) In general.--In accordance with regulations
prescribed by the Secretary of the Treasury, each
reporting
[[Page 134 STAT. 4611]]
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.--
<<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 4612]]
``(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) <<NOTE: Regulations.>> 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) <<NOTE: List.>> 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) <<NOTE: Certification.>> Reporting
requirement for certain pooled investment vehicles.--Any
corporation, limited liability company, or other similar
entity that is an exempt entity
[[Page 134 STAT. 4613]]
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) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Procedures. Standards.>> by
regulation prescribe procedures and standards governing
any report under paragraph (2) and any FinCEN identifier
under paragraph (3); and
[[Page 134 STAT. 4614]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Time period. Assessments.>> 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) <<NOTE: Time period.>> 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,
[[Page 134 STAT. 4615]]
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) <<NOTE: Compliance.>>
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.--
<<NOTE: Regulations. Determination. Assessments.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Contracts.>> enters into an
agreement with the Secretary providing for
appropriate protocols governing the safekeeping of
the information.
``(3) <<NOTE: Regulations. Requirements.>> 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;
[[Page 134 STAT. 4616]]
``(B) <<NOTE: Approval. Standards. Procedures. Certificat
ion. Time period. Compliance.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Records.>> 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;
[[Page 134 STAT. 4617]]
``(I) <<NOTE: Audits. Verification.>> 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) <<NOTE: Audits.>> 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) <<NOTE: Regulations. Determination.>> 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) <<NOTE: Penalties.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Debarment.>> 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
[[Page 134 STAT. 4618]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Determination. Verification.>> 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) <<NOTE: Deadlines. Time period.>> 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;
[[Page 134 STAT. 4619]]
``(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> may
include a classified portion.
``(d) Agency Coordination.--
``(1) <<NOTE: Updates.>> 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.-- <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4620]]
``(3) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Records.>> 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) <<NOTE: Updates. Website.>> 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.
[[Page 134 STAT. 4621]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Time periods.>> 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
[[Page 134 STAT. 4622]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Summaries.>> summarizes
external comments or complaints and related
investigations conducted by the Inspector General
related to the collection of beneficial ownership
information; and
``(ii) <<NOTE: Recommenda-
tions. Coordination.>> 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) <<NOTE: Determination. Recommenda- tions.>>
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
[[Page 134 STAT. 4623]]
the Treasury a report on each investigation conducted
under subparagraph (A).
``(C) <<NOTE: Determinations.>> 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) <<NOTE: Effective
date. Determination. Deadline. Recommenda- tions.>> 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, <<NOTE: 31 USC
5301 prec.>> 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) <<NOTE: 31 USC 5336 note.>> Reporting Requirements for Federal
Contractors.--
[[Page 134 STAT. 4624]]
(1) <<NOTE: Deadline. Revision. Requirements. Disclosure.>>
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) <<NOTE: 31 USC 5311 note.>> Revised Due Diligence Rulemaking.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Rescissions.>> 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;
[[Page 134 STAT. 4625]]
(B) the degree of reliance by financial institutions
on information provided by FinCEN for purposes of
obtaining and updating beneficial ownership information;
(C) strategies to improve the accuracy,
completeness, and timeliness of the beneficial ownership
information reported to the Secretary; and
(D) any other matter that the Secretary determines
is appropriate.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
SEC. 6501. INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR
VIOLATIONS OF THE SECURITIES LAWS.
(a) In General.--Section 21(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78u(d)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading--
(i) by inserting ``Civil'' before ``Money
penalties''; and
(ii) by striking ``in civil actions'' and
inserting ``and authority to seek disgorgement'';
(B) in subparagraph (A), by striking ``jurisdiction
to impose'' and all that follows through the period at
the end and inserting the following: ``jurisdiction to--
``(i) impose, upon a proper showing, a civil
penalty to be paid by the person who committed
such violation; and
``(ii) require disgorgement under paragraph
(7) of any unjust enrichment by the person who
received such unjust enrichment as a result of
such violation.''; and
(C) in subparagraph (B)--
(i) in clause (i), in the first sentence, by
striking ``the penalty'' and inserting ``a civil
penalty imposed under subparagraph (A)(i)'';
(ii) in clause (ii), by striking ``amount of
penalty'' and inserting ``amount of a civil
penalty imposed under subparagraph (A)(i)''; and
(iii) in clause (iii), in the matter preceding
item (aa), by striking ``amount of penalty for
each such violation'' and inserting ``amount of a
civil penalty imposed under subparagraph (A)(i)
for each violation described in that
subparagraph'';
[[Page 134 STAT. 4626]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Effective date. 15 USC 78u note.>> 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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 4627]]
(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) <<NOTE: Consultation. Evaluation.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Recommenda- tions.>> recommendations
for carrying out the findings described in subparagraph
(A).
(c) <<NOTE: Consultation.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 4628]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Determinations.>> 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-
[[Page 134 STAT. 4629]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analyses.>> not later than January 1, 2025,
commence a study of currency transaction reports, which shall
include--
(A) <<NOTE: Review. Consultation.>> 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) <<NOTE: Determinations.>> all findings and
determinations made in carrying out the study required
under paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation. Determination.>> 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
[[Page 134 STAT. 4630]]
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
[[Page 134 STAT. 4631]]
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) <<NOTE: Summaries.>> summarizing the results of
the study required under paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Determinations.>> 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.
[[Page 134 STAT. 4632]]
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) <<NOTE: Assessment.>> 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.--
<<NOTE: Consultation. Determination.>> 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) <<NOTE: Deadline. Consultation.>> 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--
[[Page 134 STAT. 4633]]
(1) the results of the study required under subsection (a);
and
(2) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 12 USC 289 note.>> 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. <<NOTE: 31 USC 5311 note.>> 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 <<NOTE: Elijah E. Cummings Coast Guard Authorization Act of
2020.>> 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. <<NOTE: 14 USC 106 note.>> DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the Commandant of
the Coast Guard.
[[Page 134 STAT. 4634]]
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--
[[Page 134 STAT. 4635]]
(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.
[[Page 134 STAT. 4636]]
(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) <<NOTE: Plan.>> 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
[[Page 134 STAT. 4637]]
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.
[[Page 134 STAT. 4638]]
``(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) <<NOTE: Extension date.>> 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).''.
[[Page 134 STAT. 4639]]
(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) <<NOTE: 126 Stat. 1560.>> 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) <<NOTE: 132 Stat. 4309.>> 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.
[[Page 134 STAT. 4640]]
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.
[[Page 134 STAT. 4641]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 4642]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Approvals. Determinations.>> 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.
[[Page 134 STAT. 4643]]
``(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) <<NOTE: Approval.>> 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) <<NOTE: Determinations.>> 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. <<NOTE: 14 USC 2130.>> Promotion to certain grades
for officers with critical skills: captain,
commander, lieutenant commander, lieutenant
``(a) <<NOTE: Regulations.>> 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
[[Page 134 STAT. 4644]]
grade of lieutenant, lieutenant commander, commander, or captain under
regulations prescribed by the
Secretary. <<NOTE: President.>> 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) <<NOTE: Determinations.>> 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.
[[Page 134 STAT. 4645]]
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) <<NOTE: 14 USC 2101 prec.>> 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. <<NOTE: 14 USC 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
[[Page 134 STAT. 4646]]
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.--
[[Page 134 STAT. 4647]]
``(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
[[Page 134 STAT. 4648]]
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) <<NOTE: Time period.>> 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) <<NOTE: 14 USC 2501 prec.>> 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. <<NOTE: 14 USC 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 <<NOTE: 14 USC 3701 prec.>>
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, <<NOTE: 14 USC 3701
prec.>> is amended by striking ``CHAPTER 1'' and inserting ``CHAPTER
37''.
[[Page 134 STAT. 4649]]
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. <<NOTE: 14 USC 2713.>> Employment assistance
``(a) <<NOTE: Certification.>> 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) <<NOTE: Database. Records.>> 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) <<NOTE: 14 USC 2701 prec.>> 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. <<NOTE: 14 USC 321.>> Congressional affairs; Director
<<NOTE: Appointment.>> ``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 <<NOTE: 14 USC 301 prec.>> 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''.
[[Page 134 STAT. 4650]]
(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. <<NOTE: 14 USC 504 note.>> SUPPORT OF WOMEN SERVING IN
THE COAST GUARD.
(a) Action Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Commandant
shall--
(A) <<NOTE: Determination. Recommenda- tions.>>
determine which recommendations in the RAND gender
diversity report can practicably be implemented to
promote gender diversity in the Coast Guard; and
(B) <<NOTE: Reports.>> 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:
[[Page 134 STAT. 4651]]
``Sec. 1904. <<NOTE: 14 USC 1904.>> Advisory Board on Women at
the Coast Guard Academy
``(a) <<NOTE: Establishment.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 14 USC 1901 prec.>> 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) <<NOTE: 14 USC 2531 prec.>> by redesignating subchapter
II as subchapter III;
(2) by inserting after subchapter I the following:
``SUBCHAPTER <<NOTE: 14 USC 2521 prec.>> II--ADVISORY BOARD ON WOMEN IN
THE COAST GUARD
``Sec. 2521. <<NOTE: 14 USC 2521.>> Advisory Board on Women in
the Coast Guard
``(a) <<NOTE: Establishment.>> In General.--The Commandant shall
establish within the Coast Guard an Advisory Board on Women in the Coast
Guard.
[[Page 134 STAT. 4652]]
``(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) <<NOTE: 14 USC 2501 prec.>> 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. <<NOTE: 14 USC 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) <<NOTE: Time periods.>> Recruitment and retention.--
``(A) <<NOTE: Analysis.>> 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.
[[Page 134 STAT. 4653]]
``(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) <<NOTE: Analysis.>> 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) <<NOTE: 14 USC 5101 prec.>> 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. <<NOTE: 14 USC 719.>> 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
[[Page 134 STAT. 4654]]
``(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.
[[Page 134 STAT. 4655]]
``(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 <<NOTE: 14 USC 701 prec.>> 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. <<NOTE: 14 USC 1111.>> Acquisition workforce
authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304 of title
5, the Commandant may--
[[Page 134 STAT. 4656]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Effective date.>> 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, <<NOTE: 14 USC 1101 prec.>> 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) <<NOTE: 14 USC 1102
note.>> 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
[[Page 134 STAT. 4657]]
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. <<NOTE: 14 USC 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, <<NOTE: 14 USC 1101 prec.>> 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.--
<<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.''.
[[Page 134 STAT. 4658]]
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) <<NOTE: Deadline.>> 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'';
[[Page 134 STAT. 4659]]
(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
[[Page 134 STAT. 4660]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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.
[[Page 134 STAT. 4661]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: Records. 14 USC 2922 note.>> 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
[[Page 134 STAT. 4662]]
(1) shall include information with respect to any child
development center accessible pursuant to the pilot program
under section 8234.
(3) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 14 USC 2922 note.>> 8233. STUDY AND SURVEY ON COAST
GUARD CHILD CARE NEEDS.
(a) Study.--
(1) <<NOTE: Deadline. Time period.>> 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.--
[[Page 134 STAT. 4663]]
(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. <<NOTE: 14 USC 2992 note.>> PILOT PROGRAM TO EXPAND
ACCESS TO CHILD CARE.
(a) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4664]]
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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4665]]
``(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. <<NOTE: 14 USC 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 <<NOTE: 14 USC 2901 prec.>>
amended by adding at the end the following:
``2926. Family child care providers.''.
SEC. 8238. <<NOTE: 14 USC 2922 note.>> EXPANDING OPPORTUNITIES
FOR FAMILY CHILD CARE.
Not <<NOTE: Deadline. Procedures.>> 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. <<NOTE: 14 USC 2922 note.>> 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.
[[Page 134 STAT. 4666]]
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
[[Page 134 STAT. 4667]]
(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
[[Page 134 STAT. 4668]]
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) <<NOTE: Determination.>> A determination of how the
workforce will fulfill the cybersecurity needs of the Area
Maritime Security Council and United States port environments.
(4) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions. Assessment.>>
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) <<NOTE: List.>> A list of programs that have been
approved for credit toward merchant mariner credentials.
(4) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 4669]]
SEC. 8243. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.
<<NOTE: Updates.>> 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
[[Page 134 STAT. 4670]]
(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) <<NOTE: Classified information.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 4671]]
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) <<NOTE: Determination.>> a determination of whether
such hours and assets satisfied the Coast Guard mission
requirements for drug interdiction in the Caribbean basin.
(d) <<NOTE: Classified information.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4672]]
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) <<NOTE: Contracts. Deadline. Assessment.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Definition. Determination. Time period.>> 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
[[Page 134 STAT. 4673]]
(3) changes in the use of navigable waterways.
(e) <<NOTE: Classified information.>> 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) <<NOTE: Time period.>> 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) <<NOTE: List.>> 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) <<NOTE: Classified information.>> Form.--The report required
under subsection (a) shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 8251. <<NOTE: 14 USC 504 note.>> SHORE INFRASTRUCTURE.
(a) In <<NOTE: Deadline.>> General.--Not later than 1 year after
the date of the enactment of this Act, the Commandant shall--
(1) <<NOTE: Plan.>> 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;
[[Page 134 STAT. 4674]]
(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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> recommendations regarding
how the Congress could adjust those authorities to prevent
mismanagement of Coast Guard housing facilities.
SEC. 8253. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
<<NOTE: Time period.>> 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) <<NOTE: Estimate. Timeline.>> the estimated phases and
timeframe to complete the implementation of such a system; and
(4) <<NOTE: Cost estimate.>> 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
[[Page 134 STAT. 4675]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4676]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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,
[[Page 134 STAT. 4677]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis.>> an analysis of the demand for
marine inspectors;
(2) an identification of the number of fully qualified
marine inspectors;
(3) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Analysis.>> 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.--
[[Page 134 STAT. 4678]]
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Assessment.>> an assessment of potential
threats and security vulnerabilities of the strategy, and plans
to mitigate such risks; and
(4) <<NOTE: Cost estimate. Timeline.>> an estimate of the
cost and timeline to implement cloud computing service for all
Coast Guard computing.
[[Page 134 STAT. 4679]]
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) <<NOTE: Examination.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Recommenda- tions.>> 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.--
[[Page 134 STAT. 4680]]
(1) <<NOTE: Examination.>> In general.--The Comptroller
General of the United States shall conduct a study that examines
the health care system of the Coast Guard.
(2) <<NOTE: Analyses.>> 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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 4681]]
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) <<NOTE: Cost estimates.>> 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 <<NOTE: Coast Guard Academy Improvement Act.>> E--Coast Guard
Academy Improvement Act
SEC. 8271. <<NOTE: 14 USC 101 note.>> SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy Improvement
Act''.
SEC. 8272. <<NOTE: 14 USC 1901 note.>> COAST GUARD ACADEMY STUDY.
(a) <<NOTE: Contracts. Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> issue recommendations
based upon the findings in such assessment.
(b) Assessment of Cultural Competence.--
(1) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4682]]
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) <<NOTE: Examination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Coordination.>> 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.
[[Page 134 STAT. 4683]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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. <<NOTE: 14 USC 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;
[[Page 134 STAT. 4684]]
``(5) information on efforts to retain diverse cadets,
including through professional development and professional
advancement programs for staff and faculty; and
``(6) <<NOTE: Summary. Time period.>> 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) <<NOTE: Contracts. Deadline.>> 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) <<NOTE: Study. Audit.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> recommendations for
improving Coast Guard Academy admissions processes, including
whether a congressional nominations process should be integrated
into such processes.
[[Page 134 STAT. 4685]]
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. <<NOTE: 14 USC 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) <<NOTE: Deadline. Consultation. Appointment.>>
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) <<NOTE: Reports.>> 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, <<NOTE: 14 USC 1901 prec.>> 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. <<NOTE: 14 USC 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.
[[Page 134 STAT. 4686]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 4687]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: 14 USC 2101 prec.>> 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. <<NOTE: 6 USC 417.>> 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);
[[Page 134 STAT. 4688]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Procedures.>> 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. <<NOTE: 14 USC 1902 note.>> EXPEDITED TRANSFER IN
CASES OF SEXUAL ASSAULT; DEPENDENTS OF
MEMBERS OF THE COAST GUARD.
Not <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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
[[Page 134 STAT. 4689]]
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) <<NOTE: Deadline. Compliance.>> 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. <<NOTE: Coordination. Recommenda- tions.>> SOUTHERN
RESIDENT ORCA CONSERVATION AND
ENFORCEMENT.
(a) Report and Action Plan on Orca Enforcement
Opportunities. <<NOTE: Consultation.>> --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. <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Analysis.>> collaborate on studies or
trials analyzing vessel noise impacts on Southern
resident orcas.
(2) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 4690]]
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) <<NOTE: Plan.>> 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) <<NOTE: Study. Recommenda- tions.>> 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
[[Page 134 STAT. 4691]]
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 <<NOTE: Deadline. Briefing. Plan.>> 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:
[[Page 134 STAT. 4692]]
``(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) <<NOTE: 33 USC 2712 note.>> 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;
[[Page 134 STAT. 4693]]
(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.
[[Page 134 STAT. 4694]]
``(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));
[[Page 134 STAT. 4695]]
``(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) <<NOTE: President.>> 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.--
[[Page 134 STAT. 4696]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> assesses the
research on the applicability and effectiveness of
the prevention, response, and mitigation
technologies to each class of oil;
``(vi) <<NOTE: Estimates.>> 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) <<NOTE: Summary.>> summarizes
research on response equipment in varying
environmental conditions, such as in currents, ice
cover, and ice floes; and
``(viii) <<NOTE: Recommenda-
tions. Determination.>> 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--
[[Page 134 STAT. 4697]]
``(I) provide advice and guidance in
the preparation and development of the
research plan;
``(II) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: 46 USC 8701 note.>> 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
[[Page 134 STAT. 4698]]
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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4699]]
(D) <<NOTE: Timeline.>> 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--
[[Page 134 STAT. 4700]]
(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) <<NOTE: Determination. 46 USC 4311 note.>> 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. <<NOTE: Alaska.>> 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) <<NOTE: Consultation.>> 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, <<NOTE: 46 USC 4301 prec.>> 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.
<<NOTE: Deadline. Briefing. Time periods.>> 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--
[[Page 134 STAT. 4701]]
(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) <<NOTE: Summary.>> 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. <<NOTE: 46 USC 12108.>> Authority to extend
duration of vessel certificates
``(a) <<NOTE: Determination. Time period.>> 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, <<NOTE: 46 USC 1201 prec.>> 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''.
[[Page 134 STAT. 4702]]
(c) <<NOTE: Applicability. 46 USC 4502 note.>> 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. <<NOTE: 46 USC 3509.>> Medical standards
``The <<NOTE: Applicability.>> 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, <<NOTE: 46 USC 3501 prec.>> 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'';
[[Page 134 STAT. 4703]]
(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. <<NOTE: 46 USC 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.
[[Page 134 STAT. 4704]]
``(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 <<NOTE: 46 USC 55502 note.>> ) Treatment of Existing Committee.--
Notwithstanding any other provision of law--
(1) <<NOTE: Time period.>> 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, <<NOTE: 46 USC 55501 prec.>> 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, <<NOTE: 46 USC 55601 prec.,
55603.>> are repealed.
(2) Marine highways program.--The chapter heading of chapter
556 of title 46, United States Code, <<NOTE: 46 USC 55601
prec.>> 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)--
[[Page 134 STAT. 4705]]
(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, <<NOTE: 46 USC 55601 prec.>> 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)--
[[Page 134 STAT. 4706]]
(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) <<NOTE: Time period. 46 USC 9307 note.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4707]]
(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) <<NOTE: Public information. Web
posting. Deadline.>> 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) <<NOTE: Public information. Deadline.>> 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'';
[[Page 134 STAT. 4708]]
(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. <<NOTE: 47 USC 352 note.>> 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) <<NOTE: Consultation.>> 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.
[[Page 134 STAT. 4709]]
(d) <<NOTE: Deadline.>> 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. <<NOTE: 46 USC 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 <<NOTE: 46 USC 70001 prec.>>
amended by adding at the end the following:
``70014. Aiming laser pointer at vessel.''.
[[Page 134 STAT. 4710]]
SEC. 8343. <<NOTE: 46 USC 70034 note.>> SAFETY OF SPECIAL
ACTIVITIES.
(a) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4711]]
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) <<NOTE: Requirements.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4712]]
within the frequency bands 157.1875-157.4375 MHz and 161.7875-
162.0375 MHz.
``(b) National Policy.--
``(1) <<NOTE: Federal Register, publication.>>
Establishment and update of national policy.--
``(A) <<NOTE: Deadline.>> 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,
[[Page 134 STAT. 4713]]
water body characteristics, waterway usage, and any additional
factors that the Captain considers appropriate.
``(3) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Assessment. Analysis.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Standard.>> In general.--The Secretary shall
develop and implement a standard method for evaluating the
performance of vessel traffic service centers.
``(2) <<NOTE: Analysis. Data.>> 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.
[[Page 134 STAT. 4714]]
``(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) <<NOTE: Recommenda- tions.>> recommendations
to improve safety and performance; and
``(B) <<NOTE: Data.>> data regarding marine
casualties and near-miss incidents that have occurred
during the period covered by the report.
``(f) Risk Assessment Program.--
``(1) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination. Public information. Standard.>>
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) <<NOTE: Data.>> Data on near-miss
events incidents.
``(iv) <<NOTE: Data.>> 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) <<NOTE: Data.>> Weather data, in
coordination with the National Oceanic and
Atmospheric Administration.
``(B) Information storage and management
policies. <<NOTE: Procedures.>> --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
[[Page 134 STAT. 4715]]
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. <<NOTE: Coordination. Contracts.>> --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.
[[Page 134 STAT. 4716]]
``(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) <<NOTE: Applicability.>> 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) <<NOTE: Requirement.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Procedures.>> 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) <<NOTE: Consultation. Evaluation. Determination.>>
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
[[Page 134 STAT. 4717]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Data.>> Data on near miss
incidents.
``(iv) <<NOTE: Data.>> 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) <<NOTE: Data.>> 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) <<NOTE: Public information.>> Disclosure.--The
Commandant of the Coast Guard shall de-identify information
prior to release to the public, including near miss incidents.
[[Page 134 STAT. 4718]]
``(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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4719]]
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) <<NOTE: Review.>> 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.
[[Page 134 STAT. 4720]]
(b) <<NOTE: Deadline.>> 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. <<NOTE: 46 USC 2101 note.>> 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--
[[Page 134 STAT. 4721]]
(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) <<NOTE: Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> a crew list, with each crew
member's credentials and work hours; and
(C) <<NOTE: Attestation.>> 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. <<NOTE: Deadline.>> --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.
[[Page 134 STAT. 4722]]
(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) <<NOTE: Time period.>> 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) <<NOTE: List.>> a listing of the agencies and
organizations required to comply with the United States Cargo
Preference Laws;
(2) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Audit. Recommenda- tions.>> 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) <<NOTE: Compliance.>> 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
[[Page 134 STAT. 4723]]
cargoes as mandated by the United States Cargo Preference Laws.
SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW.
<<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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. <<NOTE: 14 USC 504 note.>> 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) <<NOTE: Inventories.>> 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) <<NOTE: List.>> 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
[[Page 134 STAT. 4724]]
(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. <<NOTE: 14 USC 319 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4725]]
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) <<NOTE: Coordination.>> 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. <<NOTE: 14 USC 1156 note.>> 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
[[Page 134 STAT. 4726]]
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) <<NOTE: Certification.>> 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. <<NOTE: 14 USC 504 note.>> 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
[[Page 134 STAT. 4727]]
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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 47 USC 303 note.>> 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) <<NOTE: Deadline. Coordination. Consultation.>> 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.
[[Page 134 STAT. 4728]]
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
[[Page 134 STAT. 4729]]
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. <<NOTE: Contracts.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 134 STAT. 4730]]
(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) <<NOTE: Classified information.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: 49 USC 303a note.>> ARCTIC SHIPPING FEDERAL
ADVISORY COMMITTEE.
(a) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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
[[Page 134 STAT. 4731]]
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) <<NOTE: Alaska.>> 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) <<NOTE: Alaska.>> 1 designee from the
State of Alaska, nominated by the Governor of
Alaska and designated by the Secretary of
Transportation;
(viii) <<NOTE: Washington.>> 1 designee from
the State of Washington, nominated by the Governor
of Washington and designated by the Secretary of
Transportation;
(ix) <<NOTE: Native Americans.>> 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
[[Page 134 STAT. 4732]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 4733]]
(e) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Timeline.>> 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,
[[Page 134 STAT. 4734]]
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.
<<NOTE: Deadline. Consultation. Update.>> 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) <<NOTE: 125 Stat. 754.>> 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
[[Page 134 STAT. 4735]]
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) <<NOTE: Certificate.>> 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) <<NOTE: Contracts. Deadline.>> 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. <<NOTE: 16 USC 1851 note.>> 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) <<NOTE: Certificate.>> 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) <<NOTE: Expiration.>> 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,
[[Page 134 STAT. 4736]]
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. <<NOTE: 33 USC 59mm.>> 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) <<NOTE: New York.>> 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) <<NOTE: Notice. Deadline.>> 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) <<NOTE: Consultation. New York. Examination.>> 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) <<NOTE: Recommenda- tions.>> 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).
[[Page 134 STAT. 4737]]
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) <<NOTE: Examination.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Connecticut.>> 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.
[[Page 134 STAT. 4738]]
``(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 <<NOTE: Deadlines.>> 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) <<NOTE: Certification.>> 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. <<NOTE: Deadline.>> --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
[[Page 134 STAT. 4739]]
``(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Deadline.>> Placement of video
surveillance equipment.--
``(i) <<NOTE: Consultation. Determination.>>
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) <<NOTE: Evaluation.>>
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,
[[Page 134 STAT. 4740]]
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) <<NOTE: Deadline.>> 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. <<NOTE: Evaluation. Approval.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadlines. Time period.>> 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. <<NOTE: Approval.>> The updated assessment
and plan shall be approved by an independent third party
with expertise in the use and
[[Page 134 STAT. 4741]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Determination.>> 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--
[[Page 134 STAT. 4742]]
``(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) <<NOTE: 46 USC 3507 note.>> 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.
[[Page 134 STAT. 4743]]
``(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
[[Page 134 STAT. 4744]]
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.
[[Page 134 STAT. 4745]]
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) <<NOTE: 14 USC 308 note.>> 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. <<NOTE: 14 USC 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:
[[Page 134 STAT. 4746]]
``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 <<NOTE: 14 USC 301 prec.>> 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, <<NOTE: 14 USC 701 prec.>> 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 <<NOTE: 14 USC 1101 prec.>> 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 <<NOTE: 14 USC 5101 prec.>> 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 <<NOTE: 46 USC 70001 prec.>> 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
[[Page 134 STAT. 4747]]
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 <<NOTE: 33 USC 1503 note, 1504 note.>> 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, <<NOTE: 46 USC 8301 prec.>> 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;''.
[[Page 134 STAT. 4748]]
(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
[[Page 134 STAT. 4749]]
(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''.
[[Page 134 STAT. 4750]]
(B) <<NOTE: 14 USC 2710 prec.>> 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--
[[Page 134 STAT. 4751]]
(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''.
[[Page 134 STAT. 4752]]
(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)''.
[[Page 134 STAT. 4753]]
(3) The analysis for chapter 700 of title 46, United States
Code, is <<NOTE: 46 USC 70001 prec.>> 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
[[Page 134 STAT. 4754]]
(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 <<NOTE: 33
USC 1226; 46 USC 70101 prec., 70102a, 70103.>> 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) <<NOTE: 33 USC 1226 note.>> 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) <<NOTE: 46 USC 8103 note.>> is amended--
(1) in subsection (a)--
[[Page 134 STAT. 4755]]
(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.
<<NOTE: Effective date.>> 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 <<NOTE: 33 USC 1232c.>> (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) <<NOTE: 46 USC 70001 prec.>> 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--
[[Page 134 STAT. 4756]]
``(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. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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 <<NOTE: 14 USC 501 prec.>> 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.''.
[[Page 134 STAT. 4757]]
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. <<NOTE: 14 USC 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
[[Page 134 STAT. 4758]]
``(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, <<NOTE: 14 USC 2501 prec.>> 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. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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''.
[[Page 134 STAT. 4759]]
(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 <<NOTE: 14 USC 2501 prec.>> 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) <<NOTE: 33 USC 717.>> 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.--
[[Page 134 STAT. 4760]]
(1) <<NOTE: 33 USC 725 note.>> 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) <<NOTE: 33 USC 763-1 note.>> 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.''.
[[Page 134 STAT. 4761]]
(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 <<NOTE: Federal Maritime Commission Authorization Act of 2020.>>
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:
[[Page 134 STAT. 4762]]
``CHAPTER <<NOTE: 46 USC 42501 prec.>> 425--NATIONAL SHIPPER ADVISORY
COMMITTEE
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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.--
[[Page 134 STAT. 4763]]
``(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) <<NOTE: Federal Register, publication. Notice.>>
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.--
[[Page 134 STAT. 4764]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Public information. Web posting.>>
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, <<NOTE: 46 USC 40101 prec.>> 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.--
[[Page 134 STAT. 4765]]
(1) Subtitle IV of title 46, United States Code, is amended
by adding at the end the following:
``PART D-- <<NOTE: 46 USC 46101 prec.>> FEDERAL MARITIME COMMISSION
``CHAPTER <<NOTE: 46 USC 46101 prec.>> 461--FEDERAL MARITIME
COMMISSION''.
(2) <<NOTE: 46 USC 46101 prec.>> 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 <<NOTE: 46 USC 101 prec.>> amended by striking the
item relating to chapter 3.
(5) The analysis for subtitle IV of such title is <<NOTE: 46
USC 40101 prec.>> 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 <<NOTE: 46 USC 46101 prec.>>
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.
[[Page 134 STAT. 4766]]
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) <<NOTE: Appointment.>> 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
[[Page 134 STAT. 4767]]
(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) <<NOTE: 6 USC 653 note.>> 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) <<NOTE: 6 USC 654 note.>> 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.--'';
[[Page 134 STAT. 4768]]
(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) <<NOTE: 6 USC 571 note.>> 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. <<NOTE: 6 USC 652a.>> 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
[[Page 134 STAT. 4769]]
``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) <<NOTE: Deadline.>> 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) <<NOTE: Reports. Recommenda- tions.>> submit to
the President and appropriate congressional committees a
report that includes--
(i) information relating to--
(I) <<NOTE: Analysis.>> the
analysis framework or methodology used
to--
(aa) <<NOTE: Evaluation.>>
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) <<NOTE: Data.>> the data,
metrics, and other information used to
develop the recommendations required
under clause (ii); and
(ii) recommendations relating to--
(I) <<NOTE: Lists.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tion.>> recommend, as
appropriate, to the President--
[[Page 134 STAT. 4770]]
(i) <<NOTE: List.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Analysis.>> information relating
to the analysis framework, methodology, metrics,
and data used to--
(I) <<NOTE: Evaluation.>> evaluate
the current framework for securing
critical infrastructure referred to in
paragraph (1)(A); and
(II) <<NOTE: Recommenda- tions.>>
develop--
(aa) recommendations to
revise--
(AA) <<NOTE: List.>>
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) <<NOTE: Federal Register, publication.>> 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. <<NOTE: Coordination. 6 USC 665d.>> 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;
[[Page 134 STAT. 4771]]
``(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;
[[Page 134 STAT. 4772]]
``(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) <<NOTE: 6 USC 195f.>> 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) <<NOTE: 6 USC 321m.>> 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) <<NOTE: 6 USC 651.>> 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'';
[[Page 134 STAT. 4773]]
(D) <<NOTE: 6 USC 652.>> in section 2202(i), by
striking ``Sector-Specific Agency'' and inserting
``Sector Risk Management Agency''; and
(E) <<NOTE: 6 USC 664.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4774]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Deadline.>> 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;
[[Page 134 STAT. 4775]]
(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) <<NOTE: Examination.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Time period. Consultation.>> 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
[[Page 134 STAT. 4776]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis. Determination. Recommenda- tions.>>
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) <<NOTE: Classified information.>> 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
[[Page 134 STAT. 4777]]
techniques, to fabricate or manipulate audio, visual, or text content
with the intent to mislead.
SEC. 9005. GAO STUDY OF CYBERSECURITY INSURANCE.
(a) <<NOTE: Assessment. Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Recommenda- tions.>> STRATEGY TO SECURE EMAIL.
(a) <<NOTE: Deadline. Standards.>> 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) <<NOTE: Cost estimate.>> 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.
[[Page 134 STAT. 4778]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Inventory.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimates.>> 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,
[[Page 134 STAT. 4779]]
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) <<NOTE: Time period.>> 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) <<NOTE: Inventory.>> 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.
[[Page 134 STAT. 4780]]
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
[[Page 134 STAT. 4781]]
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) <<NOTE: Regulations.>> 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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 2001 note.>> 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-
[[Page 134 STAT. 4782]]
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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Analysis.>> 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
[[Page 134 STAT. 4783]]
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. <<NOTE: Website. 38 USC 527 note.>> 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) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 4784]]
(2) <<NOTE: Procedures.>> The policies and procedures of
the Department for managing undisbursed funds and for
communicating with veterans, other beneficiaries, and heirs
regarding undisbursed funds.
(3) <<NOTE: Plans.>> 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. <<NOTE: California. 38 USC 2400 note.>> TRANSFER OF
MARE ISLAND NAVAL CEMETERY TO SECRETARY
OF VETERANS AFFAIRS FOR MAINTENANCE BY
NATIONAL CEMETERY ADMINISTRATION.
(a) <<NOTE: Contracts. Effective date.>> 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) <<NOTE: Assessment.>> An assessment of the
feasibility and advisability of entering into such an
agreement.
[[Page 134 STAT. 4785]]
(B) <<NOTE: Cost estimates.>> 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. <<NOTE: 47 USC 1206.>> 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
[[Page 134 STAT. 4786]]
``(ii) the Administrator of the Federal
Emergency Management Agency.''.
(2) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadlines. Regulations.>> 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) <<NOTE: Review.>> 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) <<NOTE: Review. Update.>> meet
to review and update its State EAS Plan;
(II) <<NOTE: Certification.>>
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) <<NOTE: Approval.>> approve or
disapprove the updated State EAS Plan;
and
(II) <<NOTE: Notification.>> 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) <<NOTE: Consultation. Regulations. Records. Examination.>>
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
[[Page 134 STAT. 4787]]
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) <<NOTE: Deadline. Consultations. Regulations.>> 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) <<NOTE: President.>> the President;
(B) the Administrator; or
(C) <<NOTE: Determination.>> any other entity
determined appropriate under the circumstances by the
Commission, in consultation with the Administrator.
(2) Scope of rulemaking.--Paragraph (1) shall--
(A) <<NOTE: Applicability.>> 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) <<NOTE: Deadline. Notice. Public comments.>> 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.
[[Page 134 STAT. 4788]]
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. <<NOTE: 47 USC 906.>> 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) <<NOTE: Grants.>> Use of fund.--
(i) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Criteria.>>
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
[[Page 134 STAT. 4789]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4790]]
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) <<NOTE: Recommenda- tions.>>
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
[[Page 134 STAT. 4791]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Reports.>> 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--
[[Page 134 STAT. 4792]]
(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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4793]]
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. <<NOTE: Reports. Plans. 47 USC 902 note.>> SPECTRUM
INFORMATION TECHNOLOGY MODERNIZATION
EFFORTS.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Standards. Data.>> 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;
[[Page 134 STAT. 4794]]
(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) <<NOTE: Assessment.>> an assessment of the
current, as of the date on which such report is
submitted, infrastructure of the NTIA described in such
paragraph;
(B) <<NOTE: Acquisition strategy.>> 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) <<NOTE: Timeline.>> 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;
[[Page 134 STAT. 4795]]
(E) an operations and maintenance plan with respect
to the modernized infrastructure of the NTIA described
in such paragraph;
(F) <<NOTE: Strategy.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Evaluation.>> metrics to evaluate the
success of the modernization efforts described in such
paragraph and any similar future efforts; and
(I) <<NOTE: Cost estimate.>> 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) <<NOTE: Assessment.>> 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;
[[Page 134 STAT. 4796]]
(ii) <<NOTE: Timeline.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Deadlines.>> GAO Oversight.--The Comptroller General of
the United States shall--
(1) <<NOTE: Review.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4797]]
(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) <<NOTE: Briefings.>> 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. <<NOTE: 47 USC 901 note.>> INTERNET OF THINGS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Steering committee.--The term ``steering committee''
means the steering committee established under subsection
(b)(5)(A).
(4) Working group.--The term ``working group'' means the
working group convened under subsection (b)(1).
(b) Federal Working Group.--
(1) In general.--The Secretary shall convene a working group
of Federal stakeholders for the purpose of providing
recommendations and a report to Congress relating to the aspects
of the Internet of Things described in paragraph (2).
(2) Duties.--The working group shall--
(A) identify any Federal regulations, statutes,
grant practices, budgetary or jurisdictional challenges,
and other sector-specific policies that are inhibiting,
or could inhibit, the development or deployment of the
Internet of Things;
(B) consider policies or programs that encourage and
improve coordination among Federal agencies that have
responsibilities that are relevant to the objectives of
this section;
[[Page 134 STAT. 4798]]
(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) <<NOTE: Consultation.>> 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;
[[Page 134 STAT. 4799]]
(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) <<NOTE: Appointment.>> 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--
[[Page 134 STAT. 4800]]
(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) <<NOTE: Determination.>> other
stakeholders with relevant expertise, as
determined by the Secretary.
(D) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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--
[[Page 134 STAT. 4801]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Summary.>> 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--
[[Page 134 STAT. 4802]]
(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) <<NOTE: Estimate.>> 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) <<NOTE: Classified information.>> Form.--Each
report under this paragraph shall be submitted in an
unclassified form, but may include a classified annex.
``(2) <<NOTE: Assessments.>> Briefings.--
``(A) <<NOTE: Reports. Coordination.>>
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
[[Page 134 STAT. 4803]]
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''.
[[Page 134 STAT. 4804]]
SEC. 9302. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS
THAT INDIVIDUALLY OR COLLECTIVELY AFFECT
NATIONAL SECURITY, FINANCIAL SECURITY,
OR BOTH.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reports. Classified information.>> 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) <<NOTE: Deadline.>> 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--
[[Page 134 STAT. 4805]]
(A) <<NOTE: Deadline.>> a copy of the report,
without change, in both classified and unclassified
form; and
(B) <<NOTE: Consultation.>> 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;
[[Page 134 STAT. 4806]]
``(7) facilitating Federal programs to advance cybersecurity
education, training, and workforce development;
``(8) <<NOTE: Coordination.>> 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) <<NOTE: 15 USC 7451 note.>> Cybersecurity Career Pathways.--
(1) Identification of multiple cybersecurity career
pathways. <<NOTE: Deadline. Coordination. Consultation.>> --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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline. Coordination. 15 USC 7451 note.>> Proficiency
to Perform Cybersecurity Tasks.--Not later than 540 days after the date
of the enactment of this Act, the
[[Page 134 STAT. 4807]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Contracts.>> 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.
[[Page 134 STAT. 4808]]
``(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.
[[Page 134 STAT. 4809]]
``(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) <<NOTE: Assessment.>> 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 <<NOTE: 15 USC 7451, 7443.>> 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
[[Page 134 STAT. 4810]]
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) <<NOTE: Deadline. 15 USC 278g-3 note.>> 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'';
[[Page 134 STAT. 4811]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: Time period.>> 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--
[[Page 134 STAT. 4812]]
``(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) <<NOTE: 42 USC 1862s-6 note.>> 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. <<NOTE: 51 USC 40901 note prec.>> 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
[[Page 134 STAT. 4813]]
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. <<NOTE: 15 USC 7432.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 4814]]
``(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) <<NOTE: Assessment.>> 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''.
[[Page 134 STAT. 4815]]
(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) <<NOTE: Determinations. Grants.>> Eligible
jurisdictions.--
``(i) <<NOTE: Criteria.>> In general.--The
Secretary may establish criteria for determining
whether a State is eligible for a grant under this
paragraph.
[[Page 134 STAT. 4816]]
``(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.--
[[Page 134 STAT. 4817]]
``(i) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Deadline. Contracts. Assessments.>>
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) <<NOTE: Recommenda- tions.>>
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).''.
[[Page 134 STAT. 4818]]
SEC. 9412. <<NOTE: Industries of the Future Act of 2020. 42 USC
6601 note.>> 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) <<NOTE: Plans.>> Contents.--The report submitted under
paragraph (1) shall include the following:
(A) <<NOTE: Definition.>> A definition, for
purposes of this section, of the term ``industries of
the future'' that includes emerging technologies.
(B) <<NOTE: Assessment.>> 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) <<NOTE: Proposals.>> Proposals for the Federal
Government, including any necessary draft legislation,
to implement such plans.
(c) Industries of the Future Coordination Council.--
(1) Establishment.--
(A) <<NOTE: President.>> 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.
[[Page 134 STAT. 4819]]
(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) <<NOTE: Study. Evaluation.>> 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
[[Page 134 STAT. 4820]]
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) <<NOTE: Recommenda- tions.>> 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.
[[Page 134 STAT. 4821]]
SEC. 9414. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE
DEVELOPMENT OF INTERNATIONAL STANDARDS
FOR EMERGING TECHNOLOGIES.
(a) <<NOTE: Deadline. Contracts. Determination. Recommenda-
tions.>> 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) <<NOTE: Assessment. Time period.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records. Public information. Website.>> make a
copy of such report available on a publicly accessible website.
[[Page 134 STAT. 4822]]
SEC. 9415. <<NOTE: Contracts. 15 USC 278s note.>> 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
[[Page 134 STAT. 4823]]
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
[[Page 134 STAT. 4824]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> for each
assistance listing under which Federal financial
assistance is provided, for the current
[[Page 134 STAT. 4825]]
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) <<NOTE: Public information.>> make
information archived in accordance with subparagraph (A)
publicly available as an open Government data asset.''.
(b) <<NOTE: 31 USC 1122 note.>> 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.
[[Page 134 STAT. 4826]]
(2) <<NOTE: Consultation.>> 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) <<NOTE: Notification.>> notifying the
appropriate congressional committees regarding how
program activities will be aggregated,
disaggregated, or consolidated as part of
identifying programs; and
(vi) <<NOTE: Inventory.>> implementing a
Governmentwide program inventory through an
iterative approach; and
(D) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Web postings.>> 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) <<NOTE: Cost analysis. Notification. Time
period.>> Extensions.--The Director may, based on an
analysis of the costs of implementation, and after
submitting
[[Page 134 STAT. 4827]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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''.
[[Page 134 STAT. 4828]]
(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. <<NOTE: Electronic Message Preservation Act. 44 USC 101
note.>> 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. <<NOTE: 44 USC 2912.>> Preservation of electronic
messages and other records
``(a) <<NOTE: Determination.>> 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) <<NOTE: Timelines.>> 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) <<NOTE: 44 USC 2912 note.>> 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) <<NOTE: Public information. Web postings.>> 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
[[Page 134 STAT. 4829]]
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, <<NOTE: 44 USC 2901 prec.>> 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. <<NOTE: President. 6 USC 322.>> 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) <<NOTE: Examination.>> 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
[[Page 134 STAT. 4830]]
(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) <<NOTE: List.>> 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);
[[Page 134 STAT. 4831]]
(J) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Review. Assessment. President. Determination.
>> 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) <<NOTE: Consultation.>> Coordination.--In developing the plan
required under subsection (a)(1), the President shall--
(1) receive advice from--
(A) the Secretary of Homeland Security;
[[Page 134 STAT. 4832]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4833]]
(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.
[[Page 134 STAT. 4834]]
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 <<NOTE: Kleptocracy Asset Recovery Rewards Act. 31 USC 9701
note prec.>> --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) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4835]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Waiver. Notice. Deadline.>> 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.--
[[Page 134 STAT. 4836]]
(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) <<NOTE: Determination.>> determines that offer
or payment of a reward of a greater amount is necessary
due to the exceptional nature of the case; and
(C) <<NOTE: Notification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 4837]]
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) <<NOTE: Recommenda- tions.>> 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
[[Page 134 STAT. 4838]]
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 <<NOTE: Combating Russian Money Laundering Act.>> --Combating
Russian Money Laundering
SEC. <<NOTE: 31 USC 5301 note.>> 9711. SHORT TITLE.
This subtitle may be cited as the ``Combating Russian Money
Laundering Act''.
SEC. 9712. <<NOTE: 31 USC 5311 note.>> 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) <<NOTE: Regulation. 31 USC 5318A note.>> 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
[[Page 134 STAT. 4839]]
illicit finance, the Secretary of the Treasury may, by order,
regulation, or otherwise as permitted by law--
(1) <<NOTE: Requirement.>> 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) <<NOTE: Public information. Web posting. Classified
information. Briefing.>> 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--
[[Page 134 STAT. 4840]]
(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 <<NOTE: 50 USC 4565
note.>> (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) <<NOTE: 50 USC 4565 note.>> 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. <<NOTE: 22 USC 261 note prec.>> 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) <<NOTE: Recommenda- tions.>> 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--
[[Page 134 STAT. 4841]]
(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. <<NOTE: 22 USC 261 note prec.>> 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) <<NOTE: Action plan.>> An action plan to help
ensure that the People's Republic of China graduates
from the IBRD within 2 years
[[Page 134 STAT. 4842]]
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) <<NOTE: Assessments.>> Ensuring Debt Transparency With Respect
to the Belt and Road
Initiative. <<NOTE: Deadline. Consultation. Classified information.>> --
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) <<NOTE: Analysis.>> 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. <<NOTE: 22 USC 262p-4n note.>> 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
[[Page 134 STAT. 4843]]
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) <<NOTE: Time period.>> 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. <<NOTE: 15 USC 4651.>> DEFINITIONS.
In this title:
(1) The term ``appropriate committees of Congress'' means--
[[Page 134 STAT. 4844]]
(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);
[[Page 134 STAT. 4845]]
(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
[[Page 134 STAT. 4846]]
(E) <<NOTE: Determination. Consultation.>>
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 <<NOTE: 15 USC 4652.>> . 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)--
[[Page 134 STAT. 4847]]
(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) <<NOTE: Determination.>>
determines that the project to which the
application relates is in the interest
of the United States; and
(III) <<NOTE: Notification. Deadline.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Recommenda-
tion. President. Certification. Reports.>> 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--
[[Page 134 STAT. 4848]]
(A) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 4849]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 15 USC 4653.>> DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.--
(1) <<NOTE: Consultation.>> 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.
[[Page 134 STAT. 4850]]
(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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 4851]]
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) <<NOTE: Consultations.>> 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) <<NOTE: Assessment.>> 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.-- <<NOTE: Contracts. Study. Recommenda-
tions. Analysis. Deadline.>> 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. <<NOTE: Time period.>> --Not later than
one year after the date on which the Secretary submits
the report required
[[Page 134 STAT. 4852]]
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. <<NOTE: 15 USC 4654.>> DEPARTMENT OF COMMERCE STUDY ON
STATUS OF MICROELECTRONICS TECHNOLOGIES
IN THE UNITED STATES INDUSTRIAL BASE.
(a) <<NOTE: Deadline. Consultation.>> 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.
[[Page 134 STAT. 4853]]
(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) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: Evaluation.>> A description of efforts by such
an entity to evaluate and control supply chain risks.
(12) <<NOTE: List.>> 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) <<NOTE: Consultation. Assessments.>> 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) <<NOTE: List.>> 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.
[[Page 134 STAT. 4854]]
(C) A description and assessment of gaps and
vulnerabilities in the microelectronics supply chain and
the national industrial supply base.
(2) <<NOTE: Classified information.>> Form.--The report
required by paragraph (1) may be submitted in classified form.
SEC. 9905. <<NOTE: 15 USC 4655.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Contracts.>> 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
[[Page 134 STAT. 4855]]
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) <<NOTE: Consultation. Coordination.>> 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
[[Page 134 STAT. 4856]]
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) <<NOTE: Reports.>> 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) <<NOTE: Contracts. Notification. Deadline.>>
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. <<NOTE: 15 USC 4656.>> ADVANCED MICROELECTRONICS
RESEARCH AND DEVELOPMENT.
(a) <<NOTE: President.>> 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.
[[Page 134 STAT. 4857]]
(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) <<NOTE: Deadlines.>> Reporting and updates.--
[[Page 134 STAT. 4858]]
(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) <<NOTE: Consultation.>> 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:
[[Page 134 STAT. 4859]]
(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 <<NOTE: Coordination.>> 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.
[[Page 134 STAT. 4860]]
(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. <<NOTE: 15 USC 4657.>> 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. <<NOTE: President. 15 USC 4658.>> DEFENSE PRODUCTION
ACT OF 1950 EFFORTS.
(a) <<NOTE: Reports. Action plan.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: 34 USC 20501.>> in section 301--
(A) in subsection (b)--
[[Page 134 STAT. 4861]]
(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) <<NOTE: 34 USC 20502.>> 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
[[Page 134 STAT. 4862]]
(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) <<NOTE: Territories. Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Study. Assessments.>> In general.--
Not later than 5 years after the date of the enactment of this
Act, the Comptroller General shall conduct a study assessing--
[[Page 134 STAT. 4863]]
(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) <<NOTE: Web posting.>> 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--
[[Page 134 STAT. 4864]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Public information.>> 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) <<NOTE: China.>> 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) <<NOTE: Deadlines.>> 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.
[[Page 134 STAT. 4865]]
(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) <<NOTE: Time period.>> 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:
[[Page 134 STAT. 4866]]
(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. <<NOTE: 7 USC 5936 note.>> FARM AND RANCH MENTAL
HEALTH.
(a) Public Service Announcement Campaign to Address Farm and Ranch
Mental Health.--
(1) <<NOTE: Consultation.>> 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
[[Page 134 STAT. 4867]]
out this subsection $3,000,000, to remain available until
expended.
(b) Employee Training Program to Manage Farmer and Rancher Stress.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
Nancy Pelosi
Speaker of the House of Representatives.
Lisa Murkowski
Acting President of the Senate pro tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.
December 28, 2020.
The House of Representatives having proceeded to reconsider the bill
(H.R. 6395) entitled ``An Act to authorize appropriations for fiscal
year 2021 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.'', returned by the President of the United
States with his objections, to the House of Representatives, in which it
originated, it was
[[Page 134 STAT. 4868]]
Resolved, That the said bill do pass, two-thirds of the House of
Representatives agreeing to pass the same.
Cheryl L. Johnson
Clerk.
I certify that this Act originated in the House of Representatives.
Cheryl L. Johnson
Clerk.
IN THE SENATE OF THE UNITED STATES
January 1, 2021.
The Senate having proceeded to reconsider the bill (H.R. 6395)
entitled ``An Act to authorize appropriations for fiscal year 2021 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year, and for
other purposes.'', returned by the President of the United States with
his objections, to the House of Representatives, in which it originated,
it was
Resolved, That the said bill do pass, two-thirds of the Senators
present having voted in the affirmative.
Julie E. Adams
Secretary.
Approved January 1, 2021.
LEGISLATIVE HISTORY--H.R. 6395:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 116-442 and Pt. 2 (both from Comm. on Armed
Services) and 116-617 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 166 (2020):
July 20, 21, considered and passed House.
Nov. 16, considered and passed Senate, amended.
Dec. 8, House agreed to conference report.
Dec. 9-11, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Dec. 23, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 166 (2020):
Dec. 28, House overrode veto.
Dec. 30, 31, Senate considered veto message.
CONGRESSIONAL RECORD, Vol. 166 (2021):
Jan. 1, Senate overrode veto.
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