[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) <<NOTE: Time period.>> 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 Section
Old Section No. No.
----------------------------------------------------------------------------------------------------------------
2545 3101
2546 3103
2546a 3102
2547 3104
2548 3105
----------------------------------------------------------------------------------------------------------------
(3) Revision of order of sections.--
(A) Section 3102 of such title, as redesignated by
paragraph (2), is transferred within such section so as
to appear after section 3101, as so redesignated.
(B) The items in the table of sections at the
beginning of such chapter, as transferred by paragraph
(1), <<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, <<NOTE: 10>>