H. R. 6395


AT THE SECOND SESSION

Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty

    To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”.

SEC. 2. Organization of Act into divisions; table of contents.

(a) Divisions.—This Act is organized into eight divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(5) Division E—National Artificial Intelligence Initiative Act of 2020

(6) Division F—Anti-Money Laundering

(7) Division G—Elijah E. Cummings Coast Guard Authorization Act of 2020

(8) Division H—Other Matters

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

Sec. 101. Authorization of appropriations.

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.

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.

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.

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.

Sec. 201. Authorization of appropriations.

Sec. 211. Modification of requirements relating to certain cooperative research and development agreements.

Sec. 212. Disclosure requirements for recipients of Department of Defense research and development funds.

Sec. 213. Modification of national security innovation activities and pilot program on strengthening the defense industrial and innovation base.

Sec. 214. Updates to Defense Quantum Information Science and Technology Research and Development program.

Sec. 215. Establishment of Directed Energy Working Group.

Sec. 216. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 217. Designation of senior officials for critical technology areas supportive of the National Defense Strategy.

Sec. 218. Executive agent for Autonomy.

Sec. 219. National security innovation partnerships.

Sec. 220. Social science, management science, and information science research activities.

Sec. 221. Accountability measures relating to the Advanced Battle Management System.

Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities.

Sec. 223. Disclosure of funding sources in applications for Federal research and development awards.

Sec. 224. Governance of fifth-generation wireless networking in the Department of Defense.

Sec. 225. Demonstration project on use of certain technologies for fifth-generation wireless networking services.

Sec. 226. Research, development, and deployment of technologies to support water sustainment.

Sec. 227. Limitation on contract awards for certain unmanned vessels.

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.

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.

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.

Sec. 271. Modification to annual report of the Director of Operational Test and Evaluation.

Sec. 272. Modification to Test Resource Management Center strategic plan reporting cycle and contents.

Sec. 273. Modification of requirements relating to energetics plan to include assessment of feasibility and advisability of establishing a program office for energetics.

Sec. 274. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.

Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 276. Microelectronics and national security.

Sec. 277. Independent evaluation of personal protective and diagnostic testing equipment.

Sec. 278. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.

Sec. 279. Annual reports regarding the SBIR program of the Department of Defense.

Sec. 280. Reports on F–35 physiological episodes and mitigation efforts.

Sec. 281. Review and report on next generation air dominance capabilities.

Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program.

Sec. 283. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related and defense-related fields.

Sec. 301. Authorization of appropriations.

Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Sec. 312. Readiness and Environmental Protection Integration Program.

Sec. 313. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.

Sec. 314. Modification of authority for environmental restoration projects of National Guard.

Sec. 315. Modification of authority to carry out military installation resilience projects.

Sec. 316. Energy resilience and energy security measures on military installations.

Sec. 317. Modification to availability of energy cost savings for Department of Defense.

Sec. 318. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations.

Sec. 319. Native American lands environmental mitigation program.

Sec. 320. Study on alternatives to address impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense.

Sec. 321. Pilot program on alternative fuel vehicle purchasing.

Sec. 322. Budgeting of Department of Defense relating to operational energy improvement.

Sec. 323. Assessment of Department of Defense operational energy usage.

Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense.

Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility.

Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center.

Sec. 327. Requirement to update Department of Defense adaptation roadmap.

Sec. 328. Department of Defense report on greenhouse gas emissions levels.

Sec. 329. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.

Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent.

Sec. 331. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam.

Sec. 332. Interagency body on research related to per- and polyfluoroalkyl substances.

Sec. 333. Restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.

Sec. 334. Research and development of alternative to aqueous film-forming foam.

Sec. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.

Sec. 336. Reporting on energy savings performance contracts.

Sec. 337. Increase in funding for Centers for Disease Control Study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.

Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.

Sec. 339. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.

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.

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.

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.

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.

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).

Sec. 421. Military personnel.

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.

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.

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.

Sec. 531. Modification of time required for expedited decisions in connection with applications for change of station or unit transfer of members who are victims of sexual assault or related offenses.

Sec. 532. Confidential reporting of sexual harassment.

Sec. 533. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 534. Additional matters for 2021 report of the Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among duties of Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 536. Modification of reporting and data collection on victims of sexual offenses.

Sec. 537. Modification of annual report regarding sexual assaults involving members of the Armed Forces.

Sec. 538. Coordination of support for survivors of sexual trauma.

Sec. 539. Policy for military service academies on separation of alleged victims and alleged perpetrators in incidents of sexual assault.

Sec. 539A. Safe-to-report policy applicable across the Armed Forces.

Sec. 539B. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the Department.

Sec. 539C. Reports on status of investigations of alleged sex-related offenses.

Sec. 539D. Report on ability of Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform duties.

Sec. 539E. Briefing on Special Victims’ Counsel program.

Sec. 539F. Briefing on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Sec. 741. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System.

Sec. 742. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense.

Sec. 743. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 744. Military Health System Clinical Quality Management Program.

Sec. 745. Wounded Warrior Service Dog Program.

Sec. 746. Extramedical maternal health providers demonstration project.

Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.

Sec. 748. Audit of medical conditions of residents in privatized military housing.

Sec. 749. Assessment of receipt by civilians of emergency medical treatment at military medical treatment facilities.

Sec. 750. Study on the incidence of cancer diagnosis and mortality among military aviators and aviation support personnel.

Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air Base, Uzbekistan.

Sec. 752. Review and report on prevention of suicide among members of the Armed Forces stationed at remote installations outside the contiguous United States.

Sec. 753. Study on medevac helicopters and ambulances at certain military installations.

Sec. 754. Comptroller General study on prenatal and postpartum mental health conditions among members of the Armed Forces and their dependents.

Sec. 755. Report on lapses in TRICARE coverage for members of the National Guard and reserve components.

Sec. 756. Study and report on increasing telehealth services across Armed Forces.

Sec. 757. Study on force mix options and service models to enhance readiness of medical force of the Armed Forces.

Sec. 758. Report on billing practices for health care from Department of Defense.

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.

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.

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.

Sec. 831. Contract authority for development and demonstration of initial or additional prototype units.

Sec. 832. Extension of pilot program for streamlined awards for innovative technology programs.

Sec. 833. Listing of other transaction authority consortia.

Sec. 834. Pilot program on the use of consumption-based solutions to address software-intensive warfighting capability.

Sec. 835. Balancing security and innovation in software development and acquisition.

Sec. 836. Digital modernization of analytical and decision-support processes for managing and overseeing Department of Defense acquisition programs.

Sec. 837. Safeguarding defense-sensitive United States intellectual property, technology, and other data and information.

Sec. 838. Comptroller General report on implementation of software acquisition reforms.

Sec. 839. Comptroller General report on intellectual property acquisition and licensing.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Sec. 1301. Funding allocations; specification of cooperative threat reduction funds.

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.

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.

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.

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.

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Sec. 1521. Afghanistan Security Forces Fund.

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.

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.

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.

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.

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.

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.

Sec. 1701. Modification of mission of Cyber Command and assignment of cyber operations forces.

Sec. 1702. Modification of scope of notification requirements for sensitive military cyber operations.

Sec. 1703. Modification of requirements for quarterly Department of Defense cyber operations briefings for Congress.

Sec. 1704. Clarification relating to protection from liability of operationally critical contractors.

Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to agencies.

Sec. 1706. Improvements relating to the quadrennial cyber posture review.

Sec. 1707. Modification of authority to use operation and maintenance funds for cyber operations-peculiar capability development projects.

Sec. 1708. Personnel management authority for Commander of United States Cyber Command and development program for offensive cyber operations.

Sec. 1709. Applicability of reorientation of Big Data Platform program to Department of Navy.

Sec. 1710. Report on Cyber Institutes program.

Sec. 1711. Modification of acquisition authority of Commander of United States Cyber Command.

Sec. 1712. Modification of requirements relating to the Strategic Cybersecurity Program and the evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.

Sec. 1713. Modification of position of Principal Cyber Advisor.

Sec. 1714. Cyberspace Solarium Commission.

Sec. 1715. Establishment in Department of Homeland Security of joint cyber planning office.

Sec. 1716. Subpoena authority.

Sec. 1717. Cybersecurity State Coordinator.

Sec. 1718. Cybersecurity Advisory Committee.

Sec. 1719. Cybersecurity education and training assistance program.

Sec. 1720. Framework for cyber hunt forward operations.

Sec. 1721. Rationalization and integration of parallel cybersecurity architectures and operations.

Sec. 1722. Assessing risk to national security of quantum computing.

Sec. 1723. Tailored cyberspace operations organizations.

Sec. 1724. Responsibility for cybersecurity and critical infrastructure protection of the defense industrial base.

Sec. 1725. Pilot program on remote provision by National Guard to National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents.

Sec. 1726. Department of Defense cyber workforce efforts.

Sec. 1727. Reporting requirements for cross domain incidents and exemptions to policies for information technology.

Sec. 1728. Assessing private-public collaboration in cybersecurity.

Sec. 1729. Cyber capabilities and interoperability of the National Guard.

Sec. 1730. Evaluation of non-traditional cyber support to the Department of Defense.

Sec. 1731. Integrated cybersecurity center plan.

Sec. 1732. Assessment of cyber operational planning and deconfliction policies and processes.

Sec. 1733. Pilot program on cybersecurity capability metrics.

Sec. 1734. Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks.

Sec. 1735. Integration of Department of Defense user activity monitoring and cybersecurity.

Sec. 1736. Defense industrial base cybersecurity sensor architecture plan.

Sec. 1737. Assessment on defense industrial base participation in a threat information sharing program.

Sec. 1738. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.

Sec. 1739. Assessment on defense industrial base cybersecurity threat hunting program.

Sec. 1740. Defense Digital Service.

Sec. 1741. Matters concerning the College of Information and Cyberspace and limitation of funding for National Defense University.

Sec. 1742. Department of Defense cyber hygiene and Cybersecurity Maturity Model Certification framework.

Sec. 1743. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard.

Sec. 1744. National cyber exercises.

Sec. 1745. Cybersecurity and Infrastructure Security Agency review.

Sec. 1746. Report on enabling United States Cyber Command resource allocation.

Sec. 1747. Ensuring cyber resiliency of nuclear command and control system.

Sec. 1748. Requirements for review of and limitations on the Joint Regional Security Stacks activity.

Sec. 1749. Implementation of information operations matters.

Sec. 1750. Report on use of encryption by Department of Defense national security systems.

Sec. 1751. Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel.

Sec. 1752. National Cyber Director.

Sec. 1801. Transfer and reorganization of defense acquisition statutes.

Sec. 1806. Definitions.

Sec. 1807. General matters.

Sec. 1808. Defense acquisition system.

Sec. 1809. Budgeting and appropriations.

Sec. 1810. Operational contract support.

Sec. 1811. Planning and solicitation generally.

Sec. 1812. Independent cost estimation and cost analysis.

Sec. 1813. Other provisions relating to planning and solicitation generally.

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.

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.

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.

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.

Sec. 1856. Acquisition of services generally.

Sec. 1857. Acquisition of information technology.

Sec. 1861. Contract administration.

Sec. 1862. Prohibitions and penalties.

Sec. 1863. Contractor workforce.

Sec. 1864. Other administrative matters.

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.

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. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Limitation on military construction project at Kwajalein Atoll.

Sec. 2105. Modification of authority to carry out fiscal year 2017 project at Camp Walker, Korea.

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing and improvements to military family housing units.

Sec. 2203. Authorization of appropriations, Navy.

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing and improvements to military family housing units.

Sec. 2303. Authorization of appropriations, Air Force.

Sec. 2304. Modification of authority to carry out certain fiscal year 2018 project.

Sec. 2305. Modification of authority to carry out certain fiscal year 2019 projects.

Sec. 2306. Modification of authority to carry out certain fiscal year 2020 projects.

Sec. 2307. Technical corrections related to authority to carry out certain fiscal year 2020 family housing projects.

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2503. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2512. Qatar funded construction projects.

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2607. Modification of authority to carry out fiscal year 2020 project in Alabama.

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

Sec. 2703. Plan to finish remediation activities conducted by the Secretary of the Army in Umatilla, Oregon.

Sec. 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.

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.

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.

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.

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.

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.

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.

Sec. 2871. Reports regarding decision-making process used to locate or relocate major headquarters and certain military units and weapon systems.

Sec. 2872. Report on effect of noise restrictions on military installations and operations and development and implementation of noise mitigation measures.

Sec. 2873. Study and report regarding continued need for protected aircraft shelters in Europe and status of United States air base resiliency in Europe.

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.

Sec. 2901. Authorized Navy construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

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.

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.

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

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.

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

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.

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.

Sec. 3201. Authorization.

Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board.

Sec. 3401. Authorization of appropriations.

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.

Sec. 3511. Tanker Security Fleet.

Sec. 3521. Maritime security and domain awareness.

Sec. 3522. Sense of Congress regarding role of domestic maritime industry in national security.

Sec. 4001. Authorization of amounts in funding tables.

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4701. Department of energy national security programs.

Sec. 5001. Short title.

Sec. 5002. Definitions.

Sec. 5101. National Artificial Intelligence Initiative.

Sec. 5102. National Artificial Intelligence Initiative Office.

Sec. 5103. Coordination by Interagency Committee.

Sec. 5104. National Artificial Intelligence Advisory Committee.

Sec. 5105. National Academies artificial intelligence impact study on workforce.

Sec. 5106. National AI Research Resource Task Force.

Sec. 5201. National Artificial Intelligence Research Institutes.

Sec. 5301. National institute of standards and technology activities.

Sec. 5302. Stakeholder outreach.

Sec. 5303. National oceanic and atmospheric administration artificial intelligence center.

Sec. 5401. Artificial intelligence research and education.

Sec. 5501. Department of energy artificial intelligence research program.

Sec. 6001. Short title.

Sec. 6002. Purposes.

Sec. 6003. Definitions.

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 Attaché program.

Sec. 6107. Establishment of FinCEN Domestic Liaisons.

Sec. 6108. Foreign Financial Intelligence Unit Liaisons.

Sec. 6109. Protection of information exchanged with foreign law enforcement and financial intelligence units.

Sec. 6110. Bank Secrecy Act application to dealers in antiquities and assessment of Bank Secrecy Act application to dealers in arts.

Sec. 6111. Increasing technical assistance for international cooperation.

Sec. 6112. International coordination.

Sec. 6201. Annual reporting requirements.

Sec. 6202. Additional considerations for suspicious activity reporting requirements.

Sec. 6203. Law enforcement feedback on suspicious activity reports.

Sec. 6204. Streamlining requirements for currency transaction reports and suspicious activity reports.

Sec. 6205. Currency transaction reports and suspicious activity reports thresholds review.

Sec. 6206. Sharing of threat pattern and trend information.

Sec. 6207. Subcommittee on Innovation and Technology.

Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.

Sec. 6209. Testing methods rulemaking.

Sec. 6210. Financial technology assessment.

Sec. 6211. Financial crimes tech symposium.

Sec. 6212. Pilot program on sharing of information related to suspicious activity reports within a financial group.

Sec. 6213. Sharing of compliance resources.

Sec. 6214. Encouraging information sharing and public-private partnerships.

Sec. 6215. Financial services de-risking.

Sec. 6216. Review of regulations and guidance.

Sec. 6301. Improved interagency coordination and consultation.

Sec. 6302. Subcommittee on Information Security and Confidentiality.

Sec. 6303. Establishment of Bank Secrecy Act Information Security Officers.

Sec. 6304. FinCEN analytical hub.

Sec. 6305. Assessment of Bank Secrecy Act no-action letters.

Sec. 6306. Cooperation with law enforcement.

Sec. 6307. Training for examiners on anti-money laundering and countering the financing of terrorism.

Sec. 6308. Obtaining foreign bank records from banks with United States correspondent accounts.

Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.

Sec. 6310. Certain violators barred from serving on boards of United States financial institutions.

Sec. 6311. Department of Justice report on deferred and non-prosecution agreements.

Sec. 6312. Return of profits and bonuses.

Sec. 6313. Prohibition on concealment of the source of assets in monetary transactions.

Sec. 6314. Updating whistleblower incentives and protection.

Sec. 6401. Short title.

Sec. 6402. Sense of Congress.

Sec. 6403. Beneficial ownership information reporting requirements.

Sec. 6501. Investigations and prosecution of offenses for violations of the securities laws.

Sec. 6502. GAO and Treasury studies on beneficial ownership information reporting requirements.

Sec. 6503. GAO study on feedback loops.

Sec. 6504. GAO CTR study and report.

Sec. 6505. GAO studies on trafficking.

Sec. 6506. Treasury study and strategy on trade-based money laundering.

Sec. 6507. Treasury study and strategy on money laundering by the People's Republic of China.

Sec. 6508. Treasury and Justice study on the efforts of authoritarian regimes to exploit the financial system of the United States.

Sec. 6509. Authorization of appropriations.

Sec. 6510. Discretionary surplus funds.

Sec. 6511. Severability.

Sec. 8001. Short title.

Sec. 8002. Definition of Commandant.

Sec. 8101. Authorizations of appropriations.

Sec. 8102. Authorized levels of military strength and training.

Sec. 8103. Determination of budgetary effects.

Sec. 8104. Availability of amounts for acquisition of additional National Security Cutter.

Sec. 8105. Procurement authority for Polar Security Cutters.

Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.

Sec. 8107. Procurement authority for Great Lakes icebreaker.

Sec. 8108. Polar Security Cutter acquisition report.

Sec. 8109. Shoreside infrastructure.

Sec. 8110. Major acquisition systems infrastructure.

Sec. 8111. Polar icebreakers.

Sec. 8112. Acquisition of fast response cutter.

Sec. 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.

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.

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.

Sec. 8240. Modifications of certain reporting requirements.

Sec. 8241. Report on cybersecurity workforce.

Sec. 8242. Report on navigation and bridge resource management.

Sec. 8243. Report on helicopter life-cycle support and recapitalization.

Sec. 8244. Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States.

Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs in transit zones.

Sec. 8246. Report on liability limits set in section 1004 of the Oil Pollution Act of 1990.

Sec. 8247. Report on Coast Guard defense readiness resources allocation.

Sec. 8248. Report on the feasibility of liquefied natural gas fueled vessels.

Sec. 8249. Coast Guard authorities study.

Sec. 8250. Report on effects of climate change on Coast Guard.

Sec. 8251. Shore infrastructure.

Sec. 8252. Coast Guard housing; status and authorities briefing.

Sec. 8253. Physical access control system report.

Sec. 8254. Study on Certificate of Compliance inspection program with respect to vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels.

Sec. 8255. Comptroller General of the United States review and report on Coast Guard’s International Port Security Program.

Sec. 8256. Comptroller General of the United States review and report on surge capacity of the Coast Guard.

Sec. 8257. Comptroller General of the United States review and report on marine inspections program of Coast Guard.

Sec. 8258. Comptroller General of the United States review and report on information technology program of Coast Guard.

Sec. 8259. Comptroller General of the United States study and report on access to health care by members of Coast Guard and dependents.

Sec. 8260. Comptroller General of the United States study and report on medical staffing standards and needs for Coast Guard.

Sec. 8261. Report on fast response cutters, offshore patrol cutters, and national security cutters.

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.

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.

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.

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.

Sec. 8331. Advisory committees.

Sec. 8332. Maritime Transportation System National Advisory Committee.

Sec. 8333. Expired maritime liens.

Sec. 8334. Great Lakes Pilotage Advisory Committee.

Sec. 8335. National Commercial Fishing Safety Advisory Committee.

Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan Region from Global Maritime Distress and Safety System requirements of Federal Communications Commission.

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.

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.

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.

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.

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.

Sec. 8501. Transfers.

Sec. 8502. Additional transfers.

Sec. 8503. License exemptions; repeal of obsolete provisions.

Sec. 8504. Maritime transportation system.

Sec. 8505. References to “persons” and “seamen”.

Sec. 8506. References to “himself” and “his”.

Sec. 8507. Miscellaneous technical corrections.

Sec. 8508. Technical corrections relating to codification of Ports and Waterways Safety Act.

Sec. 8509. Aids to navigation.

Sec. 8510. Transfers related to employees of Lighthouse Service.

Sec. 8511. Transfers related to surviving spouses of Lighthouse Service employees.

Sec. 8512. Repeals related to lighthouse statutes.

Sec. 8513. Common appropriation structure.

Sec. 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.

Sec. 9001. Department of Homeland Security CISA Director.

Sec. 9002. Sector risk management agencies.

Sec. 9003. Review and analysis of inland waters seaport security.

Sec. 9004. Department of Homeland Security reports on digital content forgery technology.

Sec. 9005. GAO study of cybersecurity insurance.

Sec. 9006. Strategy to secure email.

Sec. 9007. Department of Homeland Security large-scale non-intrusive inspection scanning plan.

Sec. 9101. Modification of licensure requirements for Department of Veterans Affairs health care professionals providing treatment via telemedicine.

Sec. 9102. Additional care for newborn children of veterans.

Sec. 9103. Expansion of eligibility for HUD–VASH.

Sec. 9104. Study on unemployment rate of women veterans who served on active duty in the Armed Forces after September 11, 2001.

Sec. 9105. Access of veterans to Individual Longitudinal Exposure Record.

Sec. 9106. Department of Veterans Affairs report on undisbursed funds.

Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National Cemetery Administration.

Sec. 9108. Comptroller General report on Department of Veterans Affairs handling of disability compensation claims by certain veterans.

Sec. 9109. Additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam.

Sec. 9201. Reliable emergency alert distribution improvement.

Sec. 9202. Wireless supply chain innovation and multilateral security.

Sec. 9203. Spectrum information technology modernization efforts.

Sec. 9204. Internet of Things.

Sec. 9301. Requirement for facilitation of establishment of social media data and threat analysis center.

Sec. 9302. Independent study on identifying and addressing threats that individually or collectively affect national security, financial security, or both.

Sec. 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.

Sec. 9411. Established Program to Stimulate Competitive Research.

Sec. 9412. Industries of the future.

Sec. 9413. National Institute of Standards and Technology Manufacturing Extension Partnership program supply chain database.

Sec. 9414. Study on Chinese policies and influence in the development of international standards for emerging technologies.

Sec. 9415. Coordination with Hollings Manufacturing Extension Partnership Centers.

Sec. 9501. Transfer of funds for Oklahoma City national memorial endowment fund.

Sec. 9502. Workforce issues for military realignments in the Pacific.

Sec. 9503. Affirmation of authority for non-oil and gas operations on the outer Continental Shelf.

Sec. 9601. Inventory of program activities of Federal agencies.

Sec. 9602. Preservation of electronic messages and other records.

Sec. 9603. Continuity of the economy plan.

Sec. 9701. Short title.

Sec. 9702. Sense of Congress.

Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards Pilot Program.

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.

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.

Sec. 9901. Definitions.

Sec. 9902. Semiconductor incentives.

Sec. 9903. Department of Defense.

Sec. 9904. Department of Commerce study on status of microelectronics technologies in the United States industrial base.

Sec. 9905. Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains.

Sec. 9906. Advanced microelectronics research and development.

Sec. 9907. Prohibition relating to foreign entities of concern.

Sec. 9908. Defense Production Act of 1950 efforts.

Sec. 10001. AMBER Alert nationwide.

Sec. 10002. Improving authority for operation of unmanned aircraft for educational purposes.

Sec. 10003. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities.

Sec. 10004. Study and report on the affordability of insulin.

Sec. 10005. Waiver authority with respect to institutions located in an area affected by Hurricane Maria.

Sec. 10006. Farm and ranch mental health.

SEC. 3. Congressional defense committees.

In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

SEC. 4. Budgetary effects of this Act.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE IProcurement


Sec. 101. Authorization of appropriations.

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.

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.

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.

Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force.

Sec. 152. Transfer of responsibilities and functions relating to electromagnetic spectrum operations.

Sec. 153. Cryptographic modernization schedules.

Sec. 154. Department of Defense participation in the Special Federal Aviation Regulation Working Group.

Sec. 155. Integrated air and missile defense assessment.

Sec. 156. Joint strategy for air base defense against missile threats.

Sec. 157. Joint All Domain Command and Control requirements.

Sec. 158. Expansion of economic order quantity contracting authority for F–35 aircraft program.

Sec. 159. Documentation relating to the F–35 aircraft program.

Sec. 160. F–35 aircraft munitions.

Sec. 161. Redesign strategy for the Autonomic Logistics Information System for the F–35 fighter aircraft.

Sec. 162. Briefings on software regression testing for F–35 aircraft.

Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.

Sec. 164. Acceleration of development and fielding of counter unmanned aircraft systems across the joint force.

Sec. 165. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command.

Sec. 166. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command.

Sec. 167. Notification on efforts to replace inoperable ejection seat aircraft locator beacons.

subtitle AAuthorization 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 BArmy Programs

SEC. 111. Modifications to requirement for an interim cruise missile defense capability.

(a) Plan.—Not later than January 15, 2021, the Secretary of the Army shall submit to the congressional defense committees the plan, including a timeline, to operationally deploy or forward station the interim cruise missile defense capability procured pursuant to section 112 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1660) in an operational theater or theaters.

(b) Modification of waiver.—Paragraph (4) of section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (132 Stat. 1661) is amended to read as follows:

“(4) WAIVER.—The Secretary of the Army may waive the deadlines specified in paragraph (1):

“(A) For the deadline specified in paragraph (1)(A), if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline.

“(B) For the deadline specified in paragraph (1)(B), if the Secretary submits to the congressional defense committees a certification that—

“(i) allocating resources toward procurement of an integrated enduring capability would provide robust tiered and layered protection to the joint force; or

“(ii) additional time is required to complete testing, training, and preparation for operational capability.”.

SEC. 112. Report and limitations on acquisition of Integrated Visual Augmentation System.

(a) Report required.—

(1) IN GENERAL.—Not later than August 15, 2021, but after completion of operational testing of the Integrated Visual Augmentation System (IVAS), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) The acquisition strategy for the Integrated Visual Augmentation System, including an estimate of the average production unit cost, a schedule for full-rate production, and an identification of any hardware and software changes in the System as a result of operational testing.

(B) A description of the technology levels required for full-rate production of the System.

(C) A description of operational suitability and soldier acceptability for the production-representative model System.

(b) Assessment required.—Not later than 30 days after the submittal of the report required by subsection (a), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the matters described pursuant to subparagraphs (B) and (C) of subsection (a)(2).

(c) Limitation on use of funds.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for procurement of the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary submits to the congressional defense committees the report required by subsection (a).

SEC. 113. Assessment of investment and sustainment for procurement of cannon tubes.

(a) Assessment required.—The Secretary of the Army shall conduct an assessment of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapon tubes.

(b) Submittal to congress.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the assessment conducted under subsection (a).

subtitle CNavy Programs

SEC. 121. Limitation on alteration of the Navy fleet mix.

(a) Limitation.—

(1) IN GENERAL.—The Secretary of the Navy may not deviate from the large surface combatant requirements included in the 2016 Navy Force Structure Assessment until the date on which the Secretary submits to the congressional defense committees the certification under paragraph (2) and the report under subsection (b).

(2) CERTIFICATION.—The certification referred to in paragraph (1) is a certification, in writing, that the Navy can mitigate the reduction in multi-mission large surface combatant requirements, including anti-air and ballistic missile defense capabilities, due to having a reduced number of DDG–51 Destroyers with the advanced AN/SPY–6 radar in the next three decades.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes—

(1) a description of likely detrimental impacts to the large surface combatant industrial base, and a plan to mitigate such impacts, if the fiscal year 2021 future-years defense program is implemented as proposed;

(2) a review of the benefits to the Navy fleet of the new AN/SPY–6 radar to be deployed aboard Flight III variant DDG–51 Destroyers, which are currently under construction, as well as an analysis of impacts to the warfighting capabilities of the fleet should the number of such destroyers be reduced; and

(3) a plan to fully implement section 131 of the National Defense Authorization for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237), including subsystem prototyping efforts and funding by fiscal year.

SEC. 122. Limitations on Navy medium and large unmanned surface vessels.

(a) Milestone B approval requirements.—Milestone B approval may not be granted for a covered program unless such program accomplishes prior to and incorporates into such approval—

(1) qualification by the Senior Technical Authority of—

(A) at least one representative main propulsion system, including the fuel and lube oil systems; and

(B) at least one representative electrical generation and distribution system;

(2) final results of test programs of engineering development models or prototypes showing that critical systems designated pursuant to subparagraph (C) of section 8669b(c)(2) of title 10, United States Code, are demonstrated as required by subparagraph (I) of that section; and

(3) a determination by the milestone decision authority of the minimum number of vessels, discrete test events, performance parameters to be tested, and schedule required to complete initial operational test and evaluation and demonstrate operational suitability and operational effectiveness.

(b) Qualification requires operational demonstration.—The qualification required in subsection (a)(1) shall include a land-based operational demonstration of the systems concerned in the vessel-representative form, fit, and function for not less than 720 continuous hours without preventative maintenance, corrective maintenance, emergent repair, or any other form of repair or maintenance.

(c) Use of qualified systems.—The Secretary of the Navy shall require that covered programs use only main propulsion systems and electrical generation and distribution systems that are qualified under subsection (a)(1).

(d) Limitation on contract award or funding.—

(1) IN GENERAL.—The Secretary may not award a detail design or construction contract, or obligate funds from a procurement account, for a covered program until such program receives Milestone B approval and the milestone decision authority notifies the congressional defense committees, in writing, of the actions taken to comply with the requirements under this section.

(2) EXCEPTION.—The limitation in paragraph (1) does not apply to advanced procurement for government-furnished equipment.

(e) Definitions.—In this section:

(1) COVERED PROGRAM.—The term “covered program” means a program for—

(A) medium unmanned surface vessels; or

(B) large unmanned surface vessels.

(2) MILESTONE B APPROVAL.—The term “Milestone B approval” has the meaning given the term in section 2366(e)(7) of title 10, United States Code.

(3) MILESTONE DECISION AUTHORITY.—The term “milestone decision authority” means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for an acquisition program, including authority to approve entry of the program into the next phase of the acquisition process.

(4) SENIOR TECHNICAL AUTHORITY.—The term “Senior Technical Authority” has the meaning provided for in section 8669b of title 10, United States Code.

SEC. 123. Fighter force structure acquisition strategy.

(a) Submittal of strategy required.—Not later than March 1, 2021, the Secretary of the Navy shall submit to the congressional defense committees a strategy for the Navy for tactical fighter aircraft force structure acquisition that aligns with the stated capability and capacity requirements of the Department of the Navy to meet the National Defense Strategy.

(b) Limitation on deviation from strategy.—The Secretary of the Navy may not deviate from the strategy submitted under subsection (a) until—

(1) the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, approves the deviation, in writing; and

(2) the Secretary of Defense provides the congressional defense committees the approval of the deviation, together with a justification for the deviation.

SEC. 124. Procurement authorities for certain amphibious shipbuilding programs.

(a) Contract authority.—

(1) PROCUREMENT AUTHORIZED.—In fiscal year 2021, the Secretary of the Navy may enter into one or more contracts for the procurement of three San Antonio-class amphibious ships and one America-class amphibious ship.

(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering such programs.

(b) Certification required.—A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such programs:

(1) The use of such a contract is consistent with the projected force structure requirements of the Department of the Navy for amphibious ships.

(2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

(A) the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a);

(B) the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a);

(C) the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a);

(D) the discrete actions that will accomplish such cost savings or avoidance; and

(E) the contractual actions that will ensure the estimated cost savings are realized.

(3) There is a reasonable expectation that throughout the contemplated contract period the Secretary will request funding for the contract at the level required to avoid contract cancellation.

(4) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

(5) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

(6) The use of such a contract will promote the national security of the United States.

(7) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.

(c) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a vessel or vessels for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such vessels in economic order quantities when cost savings are achievable.

(d) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.

(e) Milestone decision authority defined.—In this section. the term “milestone decision authority” has the meaning given the term in section 2366a(d) of title 10, United States Code.

SEC. 125. Land-based test program for the FFG(X) Frigate program.

(a) Test program for engineering plant required.—Prior to the delivery date of the lead ship in the FFG(X) Frigate class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels.

(b) Administration.—The test program required by subsection (a) shall be administered by the Senior Technical Authority for the FFG(X) Frigate class of vessels.

(c) Elements.—The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form:

(1) Main Reduction Gear.

(2) Electrical Propulsion Motors.

(3) Other propulsion drive train components.

(4) Main propulsion system.

(5) Auxiliary propulsion unit.

(6) Electrical generation system,

(7) Shipboard control systems.

(8) Power control modules,

(d) Test objectives.—The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the FFG(X) Frigate class of vessels:

(1) Test of the full propulsion drive train.

(2) Test and facilitation of machinery control systems integration.

(3) Simulation of the full range of electrical demands to enable the investigation of load dynamics between the Hull, Mechanical and Electrical equipment, Combat System, and auxiliary equipment.

(e) Completion date.—The Secretary shall complete the test program required by subsection (a) by not later than the date on which the lead ship in the FFG(X) Frigate class of vessels is scheduled to be available for tasking by operational military commanders.

(f) Definitions.—In this section:

(1) DELIVERY DATE.—The term “delivery date” has the meaning provided for in section 8671 of title 10, United States Code.

(2) SENIOR TECHNICAL AUTHORITY.—The term “Senior Technical Authority” has the meaning provided for in section 8669b of title 10, United States Code.

SEC. 126. Treatment in future budgets of the President of systems added by Congress.

In the event the procurement quantity for a system authorized by Congress in a National Defense Authorization Act for a fiscal year, and for which funds for such procurement quantity are appropriated by Congress in the Shipbuilding and Conversion, Navy account for such fiscal year, exceeds the procurement quantity specified in the budget of the President, as submitted to Congress under section 1105 of title 31, United States Code, for such fiscal year, such excess procurement quantity shall not be specified as a new procurement quantity in any budget of the President, as so submitted, for any fiscal year after such fiscal year.

SEC. 127. Extension of prohibition on availability of funds for Navy waterborne security barriers.

Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as amended by section 126 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1235), is further amended by striking “for fiscal year 2019 or fiscal year 2020” and inserting “for fiscal years 2019, 2020, or 2021”.

SEC. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority.

(a) Report.—Not later than July 30, 2021, the Secretary of the Navy, in consultation with the Vice Chairman of the Joint Chiefs, shall submit to the congressional defense committees a report with a strategy to ensure full spectrum electromagnetic superiority using the ALQ–249 Next Generation Jammer.

(b) Elements.—The report required by subsection (a) shall include the following elements:

(1) A description of the current procurement strategy for the ALQ–249, and the analysis of its capability to meet the radio frequency (RF) ranges required in highly contested and denied environment conflicts.

(2) An assessment of the compatibility and ability of the ALQ–249 to synchronize non-kinetic fires using other Joint Electronic Warfare (EW) platforms.

(3) A future model of an interlinked/interdependent electronic warfare menu of options for commanders at tactical, operational, and strategic levels.

subtitle DAir Force Programs

SEC. 131. Minimum operational squadron level.

(a) Policy on Air Force aviation force structure.—As soon as practicable after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of the Air Force shall seek to achieve the capabilities provided by a minimum of 386 available operational squadrons, or equivalent organizational units. In addition, the Secretary shall seek to achieve not fewer than 3,580 combat coded aircraft within the Air Force.

(b) Exception to policy.—If, based on the fielding of new capabilities and formal force structure capability assessments supporting the most recent National Defense Strategy, the Secretary of the Air Force, in consultation with the Chief of Staff of the Air Force and the Chairman of the Joint Chiefs of Staff, makes a determination that a modification to the quantity of operational squadrons or combat-coded aircraft in subsection (a) is necessary, the Secretary shall submit a report at the earliest opportunity to the congressional defense committees describing the modifications of the revised force structure and how the quantity of combat coded aircraft and operational squadrons developed supports a moderate operational risk force structure in support of the National Defense Strategy.

(c) Expiration of policy.—The policy in subsection (a) shall expire on September 30, 2025.

(d) Moderate operational risk defined.—In this section, the term “moderate operational risk” shall be construed as defined in the most recent publication of the Chairman of the Joint Chiefs of Staff Manual 3105.01 titled “Joint Risk Analysis”.

SEC. 132. Modification of force structure objectives for bomber aircraft.

(a) Minimum level for all bomber aircraft.—

(1) IN GENERAL.—During the period beginning on the date of the enactment of this Act and ending on October 1, 2025, the Secretary of the Air Force shall, except as provided in paragraph (2), maintain not less than 92 bomber aircraft based on the Primary Mission Aircraft Inventory (PMAI) of the Air Force.

(2) EXCEPTION.—The Secretary may reduce the number of aircraft required by the Primary Mission Aircraft Inventory below the number specified in paragraph (1) if the Secretary determines, on a case-by-case basis, that a bomber aircraft is no longer to be so required because such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair.

(b) Repeal of minimum B–1 inventory requirement.—Section 9062 of title 10, United States Code, is amended by striking subsection (h).

(c) Preservation of certain B–1 aircraft and maintenance personnel.—Until the date on which the Secretary determines that the B–21 bomber aircraft has attained initial operating capability, the Secretary—

(1) shall preserve four B–1 aircraft that are retired pursuant to subsection (a), in a manner that ensures the components and parts of each such aircraft are maintained in reclaimable condition that is consistent with type 2000 recallable storage, or better; and

(2) may not reduce the number of billets assigned to maintenance of B–1 aircraft in effect on January 1, 2020.

SEC. 133. Minimum bomber aircraft force level.

(a) In general.—Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report with recommendations for the bomber aircraft force structure that enables the Air Force to meet the requirements of its long-range strike mission under the National Defense Strategy.

(b) Elements.—The report required by subsection (a) shall include each of the following elements:

(1) The bomber force structure necessary to meet the requirements of the long-range strike mission of the Air Force under the National Defense Strategy, including—

(A) the total minimum number of bomber aircraft; and

(B) the minimum number of primary mission aircraft.

(2) The penetrating bomber force structure necessary to meet the requirements of the long-range strike mission of the Air Force in contested or denied environments under the National Defense Strategy, including—

(A) the total minimum number of penetrating bomber aircraft; and

(B) the minimum number of primary mission penetrating bomber aircraft.

(3) A roadmap outlining how the Air Force plans to reach the force structure identified under paragraphs (1) and (2), including an established goal date for achieving the minimum number of bomber aircraft.

(c) Form.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d) Publication.—The Secretary shall make available to the public the unclassified form of the report submitted under subsection (a).

(e) Bomber aircraft defined.—In this section, the term “bomber aircraft” includes penetrating bombers in addition to B–52H aircraft.

SEC. 134. Required minimum inventory of tactical airlift aircraft.

(a) In general.—The Secretary of the Air Force shall maintain—

(1) a total primary mission aircraft inventory of 230 aircraft; and

(2) a total tactical airlift aircraft inventory of not less than 287 aircraft.

(b) Exception.—The Secretary of the Air Force may reduce the number of C-130 aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary of the Air Force determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage.

(c) Savings clause.—During fiscal year 2021, the Secretary of the Air Force is prohibited from reducing the total tactical airlift aircraft inventory entirely from the National Guard.

(d) Sunset.—This section shall not apply after October 1, 2021.

SEC. 135. Inventory requirements for air refueling tanker aircraft.

(a) In general.—During the period beginning on the date of the enactment of this Act and ending on October 1, 2025, the Secretary of the Air Force shall maintain not less than 412 tanker aircraft based on Primary Mission Aircraft Inventory (PMAI) of the Air Force.

(b) Minimum inventory requirements for KC–10A aircraft.—Except as provided in subsection (e)(1):

(1) FISCAL YEAR 2021.—During the period beginning on the date of the enactment of this Act and ending on October 1, 2021, the Secretary of the Air Force shall maintain a minimum of 50 KC–10A aircraft designated as primary mission aircraft inventory.

(2) FISCAL YEAR 2022.—During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall maintain a minimum of 38 KC–10A aircraft designated as primary mission aircraft inventory.

(3) FISCAL YEAR 2023.—During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall maintain a minimum of 26 KC–10A aircraft designated as primary mission aircraft inventory.

(c) Prohibition on retirement of KC–135 aircraft.—Except as provided in subsection (e), during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, the Secretary of the Air Force may not retire, or prepare to retire, any KC–135 aircraft.

(d) KC–135 aircraft fleet management.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory.

(e) Exceptions.—

(1) KC–10A AIRCRAFT.—The requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the the Secretary of the Air Force determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair.

(2) KC–135 AIRCRAFT.—The requirement in subsection (c) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force—

(A) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or

(B) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.

(f) Primary mission aircraft inventory defined.—In this section, the term “primary mission aircraft inventory” has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.

SEC. 136. Authority to use F–35A fighter aircraft AT–1 through AT–6.

(a) In general.—Subject to written approval by the Secretary of Defense to the Secretary of the Air Force, the Secretary of the Air Force is authorized to utilize, modify, and operate the six F–35A aircraft designated as AT–1 through AT–6 that are possessed by the United Government and currently reside in long-term storage at Edwards Air Force Base, California.

(b) Notice on approval.—Not later than 15 days after the Secretary of Defense provides written approval to the Secretary of the Air Force as described in subsection (a), the Secretary of Defense shall provide a copy of the written approval to the congressional defense committees.

SEC. 137. F–35 aircraft gun system ammunition.

The Director of the F–35 Joint Program Office shall, in consultation with the Secretary of the Air Force, take appropriate actions to ensure that any 25mm ammunition fielded for use by F–35A aircraft—

(1) provides effective full-spectrum target engagement capability; and

(2) meets the required operational employment probability of kill specifications for the F–35A aircraft.

SEC. 138. Extension of limitation on availability of funds for retirement of RC–135 aircraft.

Section 148(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1243) is amended by inserting “, or for fiscal year 2021,” after “for fiscal year 2020”.

SEC. 139. Modification to limitation on retirement of U–2 and RQ–4 aircraft.

Section 136 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1317) is amended by striking subsection (b) and inserting the following new subsection (b):

“(b) Waiver.—The Secretary of Defense may waive a certification requirement under paragraphs (1) or (2) of subsection (a) with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—

“(1) with respect to the requirement under paragraph (1) of that subsection—

“(A) determines, after analyzing sufficient and relevant data, that a greater capability is worth increased operating and sustainment costs; and

“(B) provides to the appropriate committees of Congress a certification on such determination and supporting analysis; and

“(2) with respect to the requirement under paragraph (2) of that subsection—

“(A) determines, after analyzing sufficient and relevant data, that a loss in capacity and capability will not prevent the combatant commands from accomplishing their missions at acceptable levels of risk; and

“(B) provides to the appropriate committees of Congress a certification of such determination and supporting analysis.”.

SEC. 140. Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft.

Section 147 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669) is amended—

(1) in subsection (a), by striking “certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for the System” and inserting “certifies to the congressional defense committees that—

“(1) the Secretary has identified—

“(A) a capability with sufficient capacity to replace the current fleet of 16 E–8 Joint Surveillance Target Attack Radar System aircraft in a manner that meets global combatant command requirements; and

“(B) potential global basing locations for such capability; and

“(2) such replacement capability delivers capabilities that are comparable or superior to the capabilities delivered by such aircraft.”; and

(2) in subsection (c)—

(A) in paragraph (3), by striking “Increment 1, 2, and 3”; and

(B) in paragraph (4), by striking “until Increment 2 of the Advanced Battle-Management System declares initial operational capability” and inserting “until the Advanced Battle Management System delivers equivalent capability”.

SEC. 141. Limitation on divestment of F–15C aircraft within the European theater.

(a) In general.—The Secretary of the Air Force may not divest any F–15C aircraft within the area of responsibility of the United States European Command until 180 days after the report required by subsection (b) is submitted to the congressional defense committees.

(b) Report.—

(1) IN GENERAL.—Not later than March 1, 2021, the Commander of the United States European Command shall, in consultation with the Commander of United States Air Forces Europe, submit to the congressional defense committees a report that describes the strategy, force structure construct and capacity, and strategy implementation plan to replace the capability and capacity provided by the F–15C aircraft in the area of responsibility of the United States European Command in a manner that maintains an inherent and equal or better air superiority capability and capacity to that provided by the F–15C aircraft in that area of responsibility.

(2) FORM.—The report under paragraph (1) shall submitted in unclassified form, but may contain a classified annex.

SEC. 142. Modernization plan for airborne intelligence, surveillance, and reconnaissance.

(a) Modernization plan.—

(1) IN GENERAL.—The Secretary of the Air Force shall develop a comprehensive plan for the modernization of airborne intelligence, surveillance, and reconnaissance, which shall—

(A) ensure the alignment between requirements, both current and future, and Air Force budget submissions to meet such requirements; and

(B) inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.

(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:

(A) An assessment of all airborne intelligence, surveillance, and reconnaissance missions, both current missions and future missions anticipated to be necessary to support the national defense strategy.

(B) An analysis of platforms, capabilities, and capacities necessary to fulfill such current and future missions.

(C) The anticipated life-cycle budget associated with each platform, capability, and capacity requirement for both current and anticipated future requirements.

(D) An analysis showing operational, budget, and schedule trade-offs between sustainment of currently fielded capabilities, modernization of currently fielded capabilities, and development and production of new capabilities.

(b) Report to Congress.—

(1) IN GENERAL.—Not later than March 30, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—

(A) the comprehensive modernization plan required by subsection (a); and

(B) a strategy for carrying out such plan through fiscal year 2030.

(2) FORM.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 143. RC–26B manned intelligence, surveillance, and reconnaissance aircraft.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft.

(b) Exception.—The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishap or other damage.

(c) Funding for aircraft platform.—

(1) Of the amount authorized to be appropriated for fiscal year 2021 by section 301 for operation and maintenance and available for operation and maintenance, Air National Guard, as specified in the funding table in section 4301, the Secretary of the Air Force may transfer up to $18,500,000 to be used in support of the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(2) Of the amount authorized to be appropriated for fiscal year 2021 by section 421 and available for military personnel for military personnel, Air National Guard, specified in the funding table in section 4401, the Secretary of the Air Force may transfer up to $13,000,000 to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(d) Memoranda of agreement.—Notwithstanding any other provision of law, the Secretary of Defense may enter into one or more memoranda of agreement or cost sharing agreements with other departments and agencies of the Federal Government under which the RC–26B aircraft may be used to assist with the missions and activities of such departments and agencies.

SEC. 144. Prohibition on funding for Close Air Support Integration Group.

No funds authorized to be appropriated by this Act may be obligated or expended for the Close Air Support Integration Group (CIG) or its subordinate units at Nellis Air Force Base, Nevada, and the Air Force may not utilize personnel or equipment in support of the CIG or its subordinate units.

SEC. 145. Required solution for KC–46 aircraft remote visual system limitations.

The Secretary of the Air Force shall develop and implement a complete, permanent solution to the KC–46 aircraft remote visual system (RVS) operational limitations. Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees an implementation strategy for the solution.

SEC. 146. Analysis of moving target indicator requirements and Advanced Battle Management System capabilities.

(a) Analysis.—Not later than April 1, 2021, the Secretary of the Air Force, in consultation with the commanders of the combatant commands, shall develop an analysis of current and future moving target indicator requirements across the combatant commands and operational and tactical level command and control capabilities the Advanced Battle Management System (ABMS) will require when fielded.

(b) JROC requirements.—

(1) IN GENERAL.—Not later than 60 days after the Secretary of the Air Force develops the analysis under subsection (a), the Joint Requirements Oversight Council (JROC) shall certify that requirements for the Advanced Battle Management System incorporate the findings of the analysis.

(2) CONGRESSIONAL NOTIFICATION.—The Joint Requirements Oversight Council shall notify the congressional defense committees upon making the certification required under paragraph (1), and provide a briefing on the requirements and findings described in such paragraph not later than 30 days after such notification.

SEC. 147. Study on measures to assess cost-per-effect for key mission areas.

(a) In general.—Not later than January 1, 2021, the Secretary of the Air Force shall provide for the performance of an independent study designed to devise new measures to assess cost-per-effect for key mission areas of the Air Force. The study shall be conducted by a Federally funded research and development center selected by the Secretary for purposes of the study.

(b) Scope.—The study conducted pursuant to subsection (a) shall address the following matters:

(1) Number of weapon systems required to meet a specified mission goal.

(2) Number of personnel required to meet a specified mission goal.

(3) Associated operation and maintenance costs necessary to facilitate respective operational constructs.

(4) Basing requirements for respective force constructs.

(5) Mission support elements required to facilitate specified operations.

(6) Defensive measures required to facilitate viable mission operations.

(7) Attrition due to enemy countermeasures and other loss factors associated with respective technologies.

(8) Associated weapon effects costs compared to alternative forms of power projection.

(c) Implementation of measures.—The Secretary shall, as the Secretary considers appropriate, incorporate the findings of the study conducted pursuant to subsection (a) into the future force development processes of the Air Force. The measures—

(1) should be domain and platform agnostic;

(2) should focus on how best to achieve mission goals in future operations; and

(3) shall consider including cost-per-effect metrics as a key performance parameter for any Air Force acquisition programs that enter the Joint Capabilities Integration and Development System (JCIDS) requirements process of the Department of Defense.

subtitle EDefense-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:

§ 231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force: annual plan and certification

“(a) Annual aircraft procurement plan and certification.—Not later than 30 days after the date on which the President submits to Congress the budget for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees the following:

“(1) A plan for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force developed in accordance with this section.

“(2) A certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.

“(b) Covered aircraft.—The aircraft specified in this subsection are the aircraft as follows:

“(1) Fighter aircraft.

“(2) Attack aircraft.

“(3) Bomber aircraft.

“(4) Intertheater lift aircraft.

“(5) Intratheater lift aircraft.

“(6) Intelligence, surveillance, and reconnaissance aircraft.

“(7) Tanker aircraft.

“(8) Remotely piloted aircraft.

“(9) Rotary-wing aircraft.

“(10) Operational support and executive lift aircraft.

“(11) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.

“(c) Annual aircraft procurement plan.— (1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a) should be designed so that the aviation force provided for under the plan is capable of supporting the national military strategy of the United States as set forth in the most recent National Defense Strategy submitted under section 113(g) of this title and the most recent National Military Strategy submitted under section 153(b) of this title.

“(2) Each annual aircraft procurement plan shall include the following:

“(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force over the next 15 fiscal years.

“(B) A description of the aviation force structure necessary to meet the requirements of the national military strategy of the United States.

“(C) The estimated levels of annual investment funding necessary to carry out each aircraft program, together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based, set forth in aggregate for the Department of Defense and in aggregate for each military department.

“(D) The estimated level of annual funding necessary to operate, maintain, sustain, and support each aircraft program throughout the life-cycle of the program, set forth in aggregate for the Department of Defense and in aggregate for each military department.

“(E) For each of the cost estimates required by subparagraphs (C) and (D)—

“(i) a description of whether the cost estimate is derived from the cost estimate position of the military department concerned or from the cost estimate position of the Office of Cost Assessment and Program Evaluation;

“(ii) if the cost estimate position of the military department and the cost estimate position of the Office of Cost Assessment and Program Evaluation differ by more than 5 percent for any aircraft program, an annotated cost estimate difference and sufficient rationale to explain the difference;

“(iii) the confidence or certainty level associated with the cost estimate for each aircraft program; and

“(iv) a certification that the calculations from which the cost estimate is derived are based on common cost categories used by the Under Secretary of Defense for Acquisition and Sustainment for calculating the life-cycle cost of an aircraft program.

“(F) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Army, the Department of the Navy, and the Department of the Air Force meet the national security requirements of the United States.

“(3) For any cost estimate required by subparagraph (C) or (D) of paragraph (2) for any aircraft program for which the Secretary is required to include in a report under section 2432 of this title, the source of the cost information used to prepare the annual aircraft plan shall be derived from the Selected Acquisition Report data that the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year for which the annual aircraft procurement plan is prepared.

“(4) Each annual aircraft procurement plan shall be submitted in unclassified form, and shall contain a classified annex. A summary version of the unclassified report shall be made available to the public.

“(d) Assessment when aircraft procurement budget is insufficient to meet applicable requirements.—If the budget for any fiscal year provides for funding of the procurement of aircraft for the Department of the Army, the Department of the Navy, or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes the funding shortfall and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. The assessment shall be coordinated in advance with the commanders of the combatant commands.

“(e) Annual report on aircraft inventory.— (1) As part of the annual plan and certification required to be submitted under this section, the Secretary shall include a report on the aircraft in the inventory of the Department of Defense.

“(2) Each report under paragraph (1) shall include the following, for the year covered by such report, the following:

“(A) The total number of aircraft in the inventory.

“(B) The total number of the aircraft in the inventory that are active, stated in the following categories (with appropriate subcategories for mission aircraft, training aircraft, dedicated test aircraft, and other aircraft):

“(i) Primary aircraft.

“(ii) Backup aircraft.

“(iii) Attrition and reconstitution reserve aircraft.

“(C) The total number of the aircraft in the inventory that are inactive, stated in the following categories:

“(i) Bailment aircraft.

“(ii) Drone aircraft.

“(iii) Aircraft for sale or other transfer to foreign governments.

“(iv) Leased or loaned aircraft.

“(v) Aircraft for maintenance training.

“(vi) Aircraft for reclamation.

“(vii) Aircraft in storage.

“(D) The aircraft inventory requirements approved by the Joint Chiefs of Staff.

“(3) Each report under paragraph (1) shall set forth each item specified in paragraph (2) separately for the regular component of each armed force and for each reserve component of each armed force and, for each such component, shall set forth each type, model, and series of aircraft provided for in the future-years defense program that covers the fiscal year for which the budget accompanying the plan, certification and report is submitted.

“(f) Budget defined.—In this section, the term ‘budget’ means the budget of the President for a fiscal year as submitted to Congress pursuant to section 1105 of title 31.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 231 the following new item:


“231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force: annual plan and certification.”.

SEC. 152. Transfer of responsibilities and functions relating to electromagnetic spectrum operations.

(a) Transfer.—Not later than two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b), the Secretary of Defense shall transfer to an appropriate entity within the Department of Defense all the responsibilities and functions of the Commander of the United States Strategic Command that are germane to electromagnetic spectrum operations (EMSO), including—

(1) advocacy for joint electronic warfare capabilities;

(2) providing contingency electronic warfare support to other combatant commands; and

(3) supporting combatant command joint training and planning related to electromagnetic spectrum operations.

(b) Plan for transfer of responsibilities.—

(1) IN GENERAL.—Not later than 180 days before the date of the transfer of responsibilities required by subsection (a), the Secretary shall develop a plan to carry out the transfer.

(2) CONSIDERATIONS.—In developing the plan required by paragraph (1), the Secretary shall consider the following:

(A) All appropriate entities having potential for designation as the receiving electromagnetic spectrum operations organization, including elements of the Joint Staff, the functional and geographic combatant commands, Department of Defense offices and agencies, and other organizations, including the establishment of a new entity for that purpose within any such entity.

(B) Whether the receiving electromagnetic spectrum operations organization should have a unitary structure or hybrid structure (in which operational and capability development and direction are headed by separate organizations).

(C) The resources required by the receiving electromagnetic spectrum operations organization to fulfill the responsibilities and functions specified in subsection (a).

(D) The results of the evaluations carried out pursuant to subsections (c) and (d).

(3) SUBMITTAL TO CONGRESS.—Not later than 180 days before the date of the transfer of responsibilities required by subsection (a), the Secretary shall submit to Congress the following:

(A) The plan developed under paragraph (1).

(B) The construct and elements of the receiving electromagnetic spectrum operations organization under the plan, including the allocation of responsibilities among senior officials in such organization.

(C) The analysis conducted to determine the electromagnetic spectrum operations organization, including the input in the plan or analysis of the results of consultation with any independent entities involved in development of the plan.

(D) The resources required to implement the plan, and a timeline for the receiving electromagnetic spectrum operations organization to reach initial operational capability and full operational capability.

(c) Evaluations of Armed Forces.—

(1) IN GENERAL.—Not later than October 1, 2021, and annually thereafter through 2025, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the Armed Force concerned to perform electromagnetic spectrum operations missions required by each of the following:

(A) The Electromagnetic Spectrum Superiority Strategy.

(B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations.

(C) The operations and contingency plans of the combatant commands.

(2) ELEMENTS.—Each evaluation under paragraph (1) shall include assessment of the following:

(A) Current programs of record, including—

(i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and

(ii) the ability of electronic warfare capabilities to disrupt adversary operations.

(B) Future programs of record, including—

(i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and

(ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities.

(C) Order of battle.

(D) Individual and unit training.

(E) Tactics, techniques, and procedures, including—

(i) maneuver, distribution of assets, and the use of decoys; and

(ii) integration of nonkinetic and kinetic fires.

(d) Evaluations of combatant commands.—

(1) IN GENERAL.—Not later than October 1, 2021, and annually thereafter through 2025, the Commander of the United States European Command, the Commander of the United States Pacific Command, and the Commander of the United States Central Command shall each carry out an evaluation of the plans and posture of the command concerned to execute the electromagnetic spectrum operations envisioned in each of the following:

(A) The Electromagnetic Spectrum Superiority Strategy.

(B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations.

(2) ELEMENTS.—Each evaluation under paragraph (1) shall include assessment of the following:

(A) Operation and contingency plans.

(B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells.

(C) Mission rehearsal and exercises.

(D) Force positioning, posture, and readiness.

(e) Semiannual briefing.—Not less frequently than twice each year until January 1, 2026, the Vice Chairman of the Joint Chiefs of Staff shall brief the Committees on Armed Services of the Senate and the House of Representatives on the implementation of this section by each of the Joint Staff, the Armed Forces, and the combatant commands.

SEC. 153. Cryptographic modernization schedules.

(a) Cryptographic modernization schedules required.—Each of the Secretaries of the military departments and the heads of relevant Defense Agencies and Department of Defense Field Activities shall establish and maintain a cryptographic modernization schedule that specifies, for each pertinent weapon system, command and control system, or data link under the jurisdiction of such Secretary or head, including those that use commercial encryption technologies (as relevant), the following:

(1) The last year of use for applicable cryptographic algorithms.

(2) Anticipated key extension requests for systems where cryptographic modernization is assessed to be overly burdensome and expensive or to provide limited operational utility.

(3) The funding and deployment schedule for modernized cryptographic algorithms, keys, and equipment over the future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code, in 2021 together with the budget of the President for fiscal year 2022.

(b) Requirements for Chief Information Officer.—The Chief Information Officer of the Department of Defense shall—

(1) oversee the construction and implementation of the cryptographic modernization schedules required by subsection (a);

(2) establish and maintain an integrated cryptographic modernization schedule for the entire Department of Defense, collating the cryptographic modernization schedules required under subsection (a); and

(3) in coordination with the Director of the National Security Agency and the Joint Staff Director for Command, Control, Communications, and Computers/Cyber, use the budget certification, standard-setting, and policy-making authorities provided in section 142 of title 10, United States Code, to amend Armed Force and Defense Agency and Field Activity plans for key extension requests and cryptographic modernization funding and deployment that pose unacceptable risk to military operations.

(c) Annual notices.—Not later than January 1, 2022, and not less frequently than once each year thereafter until January 1, 2026, the Chief Information Officer and the Joint Staff Director shall jointly submit to the congressional defense committees notification of all—

(1) delays to or planned delays of Armed Force and Defense Agency and Field Activity funding and deployment of modernized cryptographic algorithms, keys, and equipment over the previous year; and

(2) changes in plans or schedules surrounding key extension requests and waivers, including—

(A) unscheduled or unanticipated key extension requests; and

(B) unscheduled or unanticipated waivers and nonwaivers of scheduled or anticipated key extension requests.

SEC. 154. Department of Defense participation in the Special Federal Aviation Regulation Working Group.

(a) Designation of DoD representatives.—The Secretary of Defense shall designate the Department of Defense representatives to the Special Federal Aviation Regulation Working Group.

(b) Limitation on availability of funds for OSD.—Of the aggregate amount authorized to be appropriated by this Act for fiscal year 2021 and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the later of the following:

(1) The date on which Secretary certifies, in writing, to the appropriate committees of Congress that the Department representatives to the Special Federal Aviation Regulation Working Group have been designated as required by subsection (a).

(2) The date on which the Special Federal Aviation Regulation Working Group submits to the appropriate committees of Congress initial recommendations developed pursuant to subsection (b)(4) of section 1748 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1847).

(c) Report on findings and recommendations.—

(1) IN GENERAL.—Not later than June 30, 2021, the Special Federal Aviation Regulation Working Group shall submit to the appropriate committees of Congress a report setting forth the findings and recommendations of the Working Group as developed pursuant to subsection (b) of section 1748 of the National Defense Authorization Act for Fiscal Year 2020.

(2) CONFORMING AMENDMENTS.—Section 1748 of the National Defense Authorization Act for Fiscal Year 2020 is amended—

(A) by striking subsection (d); and

(B) in subsection (e), by striking “subsection (d)” and inserting “section 154(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”.

(d) Certification in connection with contracts with foreign companies for aviation services overseas.—

(1) IN GENERAL.—Subject to paragraph (2), the Department of Defense may not enter into a contract with a foreign company as contracted aviation support to provide aviation services in an overseas area unless the Secretary certifies, in writing, to the appropriate committees of Congress each of the following:

(A) That the use of foreign companies to provide such services in overseas areas is required for the national security of the United States.

(B) That the Department has exhausted all available authorities to use United States companies to provide such services in overseas areas.

(2) SUNSET.—The requirement in paragraph (1) shall expire on the later of—

(A) the date on which the Special Federal Aviation Regulation Working Group submits to the appropriate committees of Congress the report required by subsection (c)(1); and

(B) the date on which the Secretary fully implements the recommendations contained in that report.

(e) Definitions.—In this section:

(1) The term “appropriate committees of Congress” means—

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2) The term “Special Federal Aviation Regulation Working Group” means the working group established pursuant to section 1748 of the National Defense Authorization Act for Fiscal Year 2020.

SEC. 155. Integrated air and missile defense assessment.

(a) Certification on directive of IAMD responsibilities and authorities.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, certify that Department of Defense Directive 5100.01 is current and accurate with respect to integrated air and missile defense (IAMD) responsibilities and authorities in support of joint and combined land, sea, air, space and special forces operations, and in obtaining and maintaining air superiority or supremacy as required.

(b) IAMD assessment by Chairman of the Joint Chiefs of Staff.—

(1) IN GENERAL.—The Chairman of the Joint Chiefs of Staff shall, in coordination with the Secretaries of the military departments and the Director of the Missile Defense Agency, conduct a comprehensive classified assessment of threats to, and capabilities and capacities of, current and planned integrated air and missile defense technologies and force structure to meet the requirements of the combatant commands in support of the National Defense Strategy.

(2) ELEMENTS.—The assessment required by paragraph (1) shall include the following:

(A) Characterization and analysis of current and emerging threats, including the following:

(i) Cruise, hypersonic, and ballistic missiles.

(ii) Unmanned aerial systems.

(iii) Rockets and other indirect fire.

(iv) Specific and meaningfully varied examples within each of clauses (i) through (iii).

(B) Analysis of current and planned integrated air and missile defense capabilities to counter the threats characterized and analyzed under subparagraph (A), including the following:

(i) Projected timelines for development, procurement, and fielding of needed capabilities to defend against current and anticipated threats, based on intelligence assessments of such threats.

(ii) Projected capability and capacity gaps in addressing the threats characterized and assessed under subparagraph (A), including a delineation of unfulfilled integrated air and missile defense requirements by combatant command.

(iii) Risk assessment of projected capability and capacity gaps addressing integrated air and missile defense requirements of the combatant commands and the National Defense Strategy.

(iv) Opportunities for acceleration or need for incorporation of interim capabilities to address current and projected gaps.

(v) Opportunities to leverage allied contributions for integrated air and missile defense capabilities and capacities to meet requirements of the combatant commands.

(C) Assessment of the integrated air and missile defense command, control, and intelligence systems and architecture, including the following:

(i) A description of the integrated air and missile defense architecture, and the component counter unmanned aerial system (C–UAS) sub-architecture of such architecture.

(ii) Identification of the critical command and control (C2) systems.

(iii) Integration or interoperability of the command and control systems.

(iv) Integration, interoperability, or compatibility of the command and control systems with planned Joint All Domain Command and Control (JADC2) architecture.

(3) CHARACTERIZATION.—

(A) IN GENERAL.—In carrying out the assessment required by paragraph (1), the Chairman shall clearly, on a technical and operational basis, distinguish between distinctly different threats in the same general class.

(B) EXAMPLE.—The Chairman shall, for example, ensure that the assessment is not limited to a broad characterization, such as “cruise missiles”, since such characterization does not sufficiently distinguish between current cruise missiles and emerging hypersonic cruise missiles, which may require different capabilities to counter them.

(4) INTERIM BRIEFING AND REPORT.—

(A) INTERIM BRIEFING.—Not later than 60 days after the date of the enactment of this Act, the Chairman shall brief the Committees on Armed Services of the Senate and the House of Representatives on the assessment under paragraph (1).

(B) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Chairman shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the assessment conducted under paragraph (1).

(c) Secretary of the military department briefings on response to IAMD assessment.—

(1) IN GENERAL.—Not later than 90 days after the submittal of the report required by subsection (b)(4)(B), the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each brief the Committees on Armed Services of the Senate and the House of Representatives on the manner in which the military department under the jurisdiction of such Secretary intends to fulfill the global integrated air and missile defense requirements of the combatant commands in accordance with Department of Defense Directive 5100.01.

(2) ELEMENTS.—Each briefing under paragraph (1) shall include, for the military department covered by such briefing, the following:

(A) Analysis of current and planned integrated air and missile defense capabilities to counter the threats characterized and analyzed under subsection (b)(2)(A), including the following:

(i) Projected timelines and costs for development, procurement, and fielding of planned integrated air and missile defense capabilities.

(ii) Projected capability gaps and an assessment of associated risk.

(iii) Opportunities for acceleration or need for incorporation of interim capabilities to address current and projected gaps.

(B) Analysis of current and planned capacity to meet major contingency plan requirements and ongoing global operations of the combatant commands, including the following:

(i) Current and planned numbers of integrated air and missile defense systems and formations, including associated munitions.

(ii) Capacity gaps, and an assessment of associated risk, in addressing combatant command requirements.

(iii) Operations tempo stress on integrated air and missile defense formations and personnel.

(iv) Plans to sustain or to increase integrated air and missile defense personnel and formations.

(C) Assessment of proponency and the distribution of responsibility and authority for policy and program planning, budgeting, and execution within the military department for integrated air and missile defense and counter-unmanned aerial systems, including the following:

(i) A description of the current proponency structure.

(ii) An assessment of the adequacy of the current proponency structure to facilitate integrated air and missile defense and counter unmanned aerial systems functions for the Department of Defense.

(D) Assessment of the feasibility and advisability of establishing one or more centers of excellence for integrated air and missile defense, counter unmanned aerial systems, or both for purposes of planing, organizing, and managing the military department and joint force efforts to achieve a functional capability and capacity to meet the requirements of the combatant commands.

SEC. 156. Joint strategy for air base defense against missile threats.

(a) Strategy required.—The Chief of Staff of the Air Force and the Chief of Staff of the Army shall jointly develop and carry out a strategy to address the defense of air bases and prepositioned sites outside the continental United States against current and emerging missile threats, as validated by the Defense Intelligence Agency.

(b) Certification and strategy.—Not later than June 1, 2021, the Chief of Staff of the Air Force and the Chief of Staff of the Army shall jointly submit to the congressional defense committees the following:

(1) A certification that the defense of air bases and prepositioned sites outside the continental United States against threats described in subsection (a) is being addressed jointly.

(2) The strategy developed pursuant to subsection (a).

SEC. 157. Joint All Domain Command and Control requirements.

(a) Validation of requirements by Joint Requirements Oversight Council.—Not later than April 1, 2021, the Joint Requirements Oversight Council (JROC) shall validate requirements for Joint All Domain Command and Control (JADC2).

(b) Air Force certification.—Immediately after the validation of requirements pursuant to subsection (a), the Chief of Staff of the Air Force shall submit to the congressional defense committees a certification that the current Joint All Domain Command and Control effort, including programmatic and architecture efforts, being led by the Air Force will meet the requirements validated by the Joint Requirements Oversight Council.

(c) Certification by other Armed Forces.— Not later than July 1, 2021, the chief of staff of each Armed Force other than the Air Force shall submit to the congressional defense committees a certification whether the efforts of such Armed Force on multi-domain command and control are compatible with Joint All Domain Command and Control architecture.

(d) Budgeting.—The Secretary of Defense shall incorporate the expected costs for full development and implementation of Joint All Domain Command and Control across the Department of Defense in fiscal year 2022 in the budget of the President for fiscal year 2022 as submitted to Congress under section 1105 of title 31, United States Code.

SEC. 158. Expansion of economic order quantity contracting authority for F–35 aircraft program.

Section 161(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1246) is amended by striking “$574,000,000” and inserting “$1,035,793,000”.

SEC. 159. Documentation relating to the F–35 aircraft program.

The Secretary of Defense shall submit to the congressional defense committees, not later than 15 days following Milestone C approval for the F–35 aircraft program pursuant to section 2366c of title 10, United States Code, or entering into a contract for the full-rate production of F–35 aircraft, the documentation with respect to the F–35 aircraft program as follows:

(1) A certification by the Under Secretary of Defense for Acquisition and Sustainment that—

(A) all alternative supply contractors for parts, required for the airframe and propulsion prime contractors of the F–35 aircraft program as a result of the removal of the Republic of Turkey from the program, have been identified, and all related undefinitized contract actions have been definitized (as described in section 7401 of part 217 of the Defense Federal Acquisition Regulation Supplement);

(B) the parts produced by each such contractor have been qualified and certified as meeting applicable technical design and use specifications; and

(C) each such contractor has reached the required rate of production to meet supply requirements for parts under the program.

(2) A cost analysis, prepared by the joint program office for the F–35 aircraft program, that assesses and defines—

(A) the manner in which the full integration of Block 4 and Technical Refresh 3 capabilities for each lot of Block 4 production aircraft beginning after lot 14 will affect the average procurement unit cost of United States variants of the F–35A, F–35B, and F–35C aircraft; and

(B) the manner in which the establishment of alternate sources of production and sustainment of supply and repair parts due to the removal of the Republic of Turkey from the program will affect such unit cost.

(3) All reports required by section 167 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1250).

(4) An independent cost estimate, prepared by Director of Cost Assessment and Program Evaluation, that defines, for each phase of the F–35 aircraft program, the cost to develop, procure, integrate, and retrofit F–35 aircraft with all Block 4 capability requirements that are specified in the most recent Block 4 capabilities development document.

(5) A plan to correct or mitigate any deficiency in the F–35 aircraft, identified as of the date of enactment of this Act that—

(A) may cause death, severe injury or occupational illness, or major loss or damage to equipment or a system, and for which there is no identified workaround (commonly known as a “category 1A deficiency”); or

(B) critically restricts combat readiness capabilities or results in the inability to attain adequate performance to accomplish mission requirements (commonly known as a “category 1B deficiency”).

(6) A software and hardware capability, upgrade, and aircraft modification plan for the F–35 aircraft that defines the cost and schedule for retrofitting F–35 aircraft that currently have Technical Refresh 2 capabilities installed to ensure compatibility with Block 4 and Technical Refresh 3 capabilities.

(7) The following reports for the F–35 aircraft program, as prepared by the Director of Operational Test and Evaluation:

(A) A report on the results of the realistic survivability testing of the F–35 aircraft, as described in section 2366(d) of title 10, United States Code.

(B) A report on the results of the initial operational test and evaluation conducted for program, as described in section 2399(b)(2) of such title.

(8) A mitigation strategy and implementation plan to address each critical deficiency in the F–35 aircraft autonomic logistics information system that has been identified as of the date of enactment of this Act.

(9) A certification that the F–35A aircraft meets required mission reliability performance using an average sortie duration of 2 hours and 30 minutes.

(10) A certification that the Secretary has developed and validated a fully integrated and realistic schedule for the development, production and integration of Block 4 Technical Refresh 3 capabilities for the F–35 aircraft, that includes a strategy for resolving all software technical debt that has accumulated within the F–35 operational flight program source code during development, production, and integration of Technical Refresh 1 and Technical Refresh 2 capabilities.

(11) The following:

(A) A complete list of hardware modifications that will be required to integrate Block 4 capabilities into lot 16 and lot 17 production F–35 aircraft.

(B) An estimate of the costs of any engineering changes required as a result of such modifications.

(C) A comparison of those engineering changes and costs with the engineering changes and costs for lot 15 production F–35 aircraft.

SEC. 160. F–35 aircraft munitions.

Subject to the availability of appropriations, the Secretary of the Air Force and the Secretary of the Navy shall, in coordination with the Director of the F–35 Joint Program Office, certify for use by the Armed Forces under the jurisdiction of such Secretary munitions for F–35 aircraft that are qualified on F–35 partner aircraft of North Atlantic Treaty Organization (NATO) member nations as of the date of the enactment of this Act.

SEC. 161. Redesign strategy for the Autonomic Logistics Information System for the F–35 fighter aircraft.

(a) In general.—Not later than March 1, 2021, the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of the F–35 Aircraft Joint Program Office, submit to the congressional defense committees the following:

(1) A report describing a program-wide process for measuring, collecting, and tracking information on the manner in which the F–35 Autonomic Logistics Information System (ALIS) is affecting the performance of the F–35 aircraft fleet, including its effects on aircraft availability and mission capability and effectiveness rates.

(2) A strategy and implementation plan for the F–35 Operational Data Integrated Network (ODIN) system that is being developed to replace the F–35 Autonomic Logistics Information System, including an identification and assessment of goals, key risks or uncertainties, system performance metrics, and costs of designing, procuring, and fielding the F–35 Operational Data Integrated Network system.

(b) Updates.—In each quarterly briefing required by section 155 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public 115–232; 132 Stat. 1672) for a calendar quarter beginning on or after January 1, 2022, the Under Secretary and the Director shall include an update containing current information on the following:

(1) The manner in which the F–35 Autonomic Logistics Information System is affecting fleet performance of the F–35 aircraft fleet.

(2) The progress being made to develop, procure, and field the F–35 Operational Data Integrated Network system.

SEC. 162. Briefings on software regression testing for F–35 aircraft.

During the quarterly briefing required by section 155 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1672) covering a quarter in which mission systems production software for the F–35 aircraft was released to units operating such aircraft under the F–35 aircraft continuous capability development and delivery program, the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of Operational Test and Evaluation, brief the congressional defense committees with the following with respect to the missions systems production software for the F–35 aircraft:

(1) An explanation of the types and methods of regression testing that were completed for the production release of the software concerned to ensure compatibility and proper functionality with—

(A) the fire control radar system of each variant of the F–35 aircraft; and

(B) all weapons certified for carriage and employment on each variant of the F–35 aircraft.

(2) An identification of any entities that conducted regression testing of such software, including any development facilities of the Federal Government or contractors that conducted such testing.

(3) A list of deficiencies identified during regression testing of such software, or by operational units, after fielding of such software, and an explanation of—

(A) any software modifications, including quick-reaction capability, that were completed to resolve or mitigate such deficiencies;

(B) with respect to any deficiencies that were not resolved or mitigated, whether the deficiencies will be corrected in later releases of the software; and

(C) any effects resulting from such deficiencies, including—

(i) any effects on the cost and schedule for delivery of the software; and

(ii) in cases in which the deficiencies resulted in additional, unplanned, software releases, any effects on the ongoing testing of software capability releases.

SEC. 163. Prohibition on use of funds for the Armed Overwatch Program.

None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to, and the Department may not—

(1) procure armed overwatch aircraft for the United States Special Operations Command in fiscal year 2021; or

(2) procure armed overwatch aircraft for the Air Force in fiscal years 2021 through 2023.

SEC. 164. Acceleration of development and fielding of counter unmanned aircraft systems across the joint force.

(a) Immediate objective for Executive Agent for C–sUAS.—The Executive Agent of the Joint Counter Small Unmanned Aircraft Systems (C–sUAS) Office, as designated by the Under Secretary of Defense for Acquisition and Sustainment, shall prioritize the objective of developing and executing a plan to develop, test, and begin production of a counter unmanned aircraft system that can be fielded as early as fiscal year 2021 to meet immediate operational needs in countering Group 1, 2, and 3 unmanned aircraft systems and, to the extent practical, has the potential to counter other, larger unmanned aircraft systems.

(b) Development and fielding of C–sUAS systems in fiscal year 2021.—In carrying out subsection (a), the Executive Agent shall consider the selection of counter unmanned aircraft systems with specific emphasis on systems that—

(1) have undergone successful realistic operational tests or assessments, or have been or are currently deployed;

(2) will meet the operational requirements of deployed forces facing current and anticipated unmanned aircraft system (UAS) threats, including effectiveness against unmanned aircraft systems that are not remotely piloted or are not reliant on a command link;

(3) use autonomous and semi-autonomous systems and processes;

(4) are affordable, with low operating and sustainment costs;

(5) build, to the extent practicable, upon systems that were selected for fielding in fiscal year 2021;

(6) reduce or accelerate the timeline for initial operational capability and full operational capability of the counter unmanned aircraft system prioritized by subsection (a);

(7) enable the flexible and continuous integration of different types of sensors and mitigation solutions based on the different demands of particular military installations and deployed forces, physical geographies, and threat profiles; and

(8) are or include systems or component parts that are commercial items, as required by section 3307 of title 41, United States Code, including a common command and control system.

(c) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Executive Agent shall brief the congressional defense committees on the following:

(1) The selection process for counter unmanned aircraft system capabilities prioritized by this section.

(2) The plan prioritized by subsection (a).

(d) Oversight.—The Executive Agent shall—

(1) oversee the execution of all counter unmanned aircraft systems being developed by the military departments as of the day before the date of the enactment of this Act; and

(2) ensure that the plan prioritized by subsection (a) guides future programmatic and funding decisions for activities relating to counter unmanned aircraft systems, including any cancellation of such activities.

SEC. 165. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command.

(a) In general.—Not later than December 1, 2021, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees an acquisition roadmap to meet the manned and unmanned airborne intelligence, surveillance, and reconnaissance requirements of United States Special Operations Forces.

(b) Elements.—The roadmap required under subsection (a) shall include the following:

(1) A description of the current platform requirements for manned and unmanned airborne intelligence, surveillance, and reconnaissance capabilities to support United States Special Operations Forces.

(2) An analysis of the remaining service life of existing manned and unmanned airborne intelligence, surveillance, and reconnaissance capabilities currently operated by United States Special Operations Forces.

(3) An identification of any current or anticipated gaps for special operations-peculiar manned and unmanned airborne intelligence, surveillance, and reconnaissance capabilities.

(4) A description of anticipated manned and unmanned intelligence, surveillance, and reconnaissance platform requirements of the United States Special Operations Forces, including range, payload, endurance, ability to operate in contested environments, and other requirements, as appropriate.

(5) A description of the manner in which the anticipated requirements described in paragraph (4) are in alignment with the National Defense Strategy and meet the challenge of strategic competition and nation state intelligence collection requirements.

(6) An explanation of the anticipated mix of manned and unmanned aircraft, number of platforms, and associated aircrew and maintainers for support of United States Special Operations Forces.

(7) An explanation of the extent to which service-provided manned and unmanned airborne intelligence, surveillance, and reconnaissance capabilities will be required in support of United States Special Operations Forces, and the manner in which such capabilities will supplement and integrate with the organic capabilities possessed by United States Special Operations Forces.

(8) Any other matters the Assistant Secretary and the Commander jointly consider appropriate.

SEC. 166. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command.

(a) Prohibition.—No funds authorized to be appropriated by this Act may be used to divest any manned intelligence, surveillance, and reconnaissance aircraft operated by the United States Special Operations Command, and the Department of Defense may not divest any manned intelligence, surveillance, and reconnaissance aircraft operated by the United States Special Operations Command in fiscal year 2021.

(b) Exception.—The prohibition in subsection (a) does not apply to any divestment of aircraft described in that subsection that is ongoing as of the date of the enactment of this Act.

SEC. 167. Notification on efforts to replace inoperable ejection seat aircraft locator beacons.

(a) Notification.—Not later than 180 days after the date of the enactment of this Act, and on a semi-annual basis thereafter until the date specified in subsection (b), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a written notification that describes, with respect to the period covered by the notification—

(1) the efforts of the service acquisition executives of the Department of the Air Force and the Department of the Navy to replace ejection seat aircraft locator beacons that are—

(A) installed on covered aircraft; and

(B) inoperable in water or in wet conditions; and

(2) the funding allocated for such efforts.

(b) Date specified.—The date specified in this subsection is the earlier of—

(1) the date on which the Under Secretary of Defense for Acquisition and Sustainment determines that all ejection seat aircraft locator beacons installed on covered aircraft are operable in water and wet conditions; or

(2) the date that is 5 years after the date of the enactment of this Act.

(c) Definitions.—In this section:

(1) The term “covered aircraft” means aircraft of the Air Force, the Navy, and the Marine Corps that are equipped with ejection seats.

(2) The term “service acquisition executive of the Department of the Air Force” does not include the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs described in section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note).

TITLE IIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION


Sec. 201. Authorization of appropriations.

Sec. 211. Modification of requirements relating to certain cooperative research and development agreements.

Sec. 212. Disclosure requirements for recipients of Department of Defense research and development funds.

Sec. 213. Modification of national security innovation activities and pilot program on strengthening the defense industrial and innovation base.

Sec. 214. Updates to Defense Quantum Information Science and Technology Research and Development program.

Sec. 215. Establishment of Directed Energy Working Group.

Sec. 216. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 217. Designation of senior officials for critical technology areas supportive of the National Defense Strategy.

Sec. 218. Executive agent for Autonomy.

Sec. 219. National security innovation partnerships.

Sec. 220. Social science, management science, and information science research activities.

Sec. 221. Accountability measures relating to the Advanced Battle Management System.

Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities.

Sec. 223. Disclosure of funding sources in applications for Federal research and development awards.

Sec. 224. Governance of fifth-generation wireless networking in the Department of Defense.

Sec. 225. Demonstration project on use of certain technologies for fifth-generation wireless networking services.

Sec. 226. Research, development, and deployment of technologies to support water sustainment.

Sec. 227. Limitation on contract awards for certain unmanned vessels.

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.

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.

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.

Sec. 271. Modification to annual report of the Director of Operational Test and Evaluation.

Sec. 272. Modification to Test Resource Management Center strategic plan reporting cycle and contents.

Sec. 273. Modification of requirements relating to energetics plan to include assessment of feasibility and advisability of establishing a program office for energetics.

Sec. 274. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.

Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 276. Microelectronics and national security.

Sec. 277. Independent evaluation of personal protective and diagnostic testing equipment.

Sec. 278. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.

Sec. 279. Annual reports regarding the SBIR program of the Department of Defense.

Sec. 280. Reports on F–35 physiological episodes and mitigation efforts.

Sec. 281. Review and report on next generation air dominance capabilities.

Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program.

Sec. 283. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related and defense-related fields.

subtitle AAuthorization 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 BProgram Requirements, Restrictions, and Limitations

SEC. 211. Modification of requirements relating to certain cooperative research and development agreements.

Section 2350a of title 10, United States Code, is amended—

(1) in subsection (b)(2), by striking “and the Under Secretary” and inserting “or the Under Secretary”; and

(2) in subsection (c)—

(A) by striking “Each cooperative” and inserting “(1) Except as provided in paragraph (2), each cooperative”; and

(B) by adding at the end the following new paragraphs:

“(2) A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project.

“(3) For purposes of this subsection, the term ‘cost’ means the total value of cash and non-cash contributions.”.

SEC. 212. Disclosure requirements for recipients of Department of Defense research and development funds.

(a) Disclosure requirements.—

(1) IN GENERAL.—Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2374b. Disclosure requirements for recipients of research and development funds

“(a) In general.—Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities.

“(b) Exception.—The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters.

“(c) Waiver.—The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.

“(d) Public document defined.—In this section, the term ‘public document’ means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2374b. Disclosure requirements for recipients of research and development funds.”.

(b) Effective date and applicability.—The amendments made by subsection (a) shall take effect on October 1, 2021, and shall apply with respect to funds for research and development that are awarded by the Department of Defense on or after that date.

SEC. 213. Modification of national security innovation activities and pilot program on strengthening the defense industrial and innovation base.

(a) National security innovation activities.—Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—

(1) by striking subsection (h);

(2) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;

(3) by inserting after subsection (d) the following new subsection:

“(e) Advisory assistance.—

“(1) IN GENERAL.—The Under Secretary shall establish a mechanism to seek advice from existing Federal advisory committees on matters relating to—

“(A) the implementation and prioritization of activities established under subsection (a); and

“(B) determining how such activities may be used to support the overall technology strategy of the Department of Defense.

“(2) EXISTING FEDERAL ADVISORY COMMITTEES DEFINED.—In this subsection, the term ‘existing Federal advisory committee’ means an advisory committee that—

“(A) is established pursuant to a provision of Federal law other than this section; and

“(B) has responsibilities relevant to the activities established under subsection (a), as determined by the Under Secretary.”; and

(4) in paragraph (1) of subsection (g) (as so redesignated) by striking “strengthening manufacturing in the defense industrial base” and inserting “strengthening the defense industrial and innovation base”.

(b) Plan.—Not later than April 1, 2021, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a plan that describes—

(1) the mechanism the Under Secretary will use to seek advice from existing Federal advisory committees as required under section 230(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) (as added by subsection (a) of this section); and

(2) the expected roles and responsibilities of such committees with respect to advising the Under Secretary on the activities established under section 230 of such Act.

(c) Pilot program on defense industrial and innovation base.—Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2505 note) is amended—

(1) in the section heading, by striking “manufacturing in the defense industrial base” and inserting “the defense industrial and innovation base”;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1), by inserting “and the defense innovation base” after “industrial base”;

(B) in paragraph (1), by inserting “development, prototyping, and manufacturing” before “production”; and

(C) in paragraph (2), by striking “manufacturing and production” and inserting “development, prototyping, and manufacturing”;

(3) in subsection (b)—

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following new paragraph:

“(2) Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).”;

(4) in subsection (c)—

(A) in paragraph (1), by striking “manufacturing and production” and inserting “development, prototyping, and manufacturing”;

(B) in paragraph (3), by striking “manufacturing and production”;

(C) in paragraph (4), by striking “manufacturers” and inserting “companies”; and

(D) in paragraph (5), by striking “manufacturers” and inserting “companies”;

(5) in subsection (d), by striking “the date that is four years after the date of the enactment of this Act” and inserting “December 31, 2026”; and

(6) in subsection (e), by striking “January 31, 2022” and inserting “January 31, 2027”.

SEC. 214. Updates to Defense Quantum Information Science and Technology Research and Development program.

Section 234 of the John S. McCain National Defense Authorization Act for Fiscal year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

“(e) Use of quantum computing capabilities.—The Secretary of each military department shall—

“(1) develop and annually update a list of technical problems and research challenges which are likely to be addressable by quantum computers available for use within in the next one to three years, with a priority for technical problems and challenges where quantum computing systems have performance advantages over traditional computing systems, in order to enhance the capabilities of such quantum computers and support the addressing of relevant technical problems and research challenges; and

“(2) establish programs and enter into agreements with appropriate medium and small businesses with functional quantum computing capabilities to provide such private sector capabilities to government, industry, and academic researchers working on relevant technical problems and research activities.”.

SEC. 215. Establishment of Directed Energy Working Group.

Section 219 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended—

(1) in subsection (c)—

(A) by striking paragraph (4); and

(B) by redesignating paragraph (5) as paragraph (4); and

(2) by adding at the end the following new subsection:

“(d) Directed Energy Working Group.—

“(1) IN GENERAL.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for fiscal year 2021, the Secretary of Defense shall establish a working group to be known as the ‘Directed Energy Working Group’.

“(2) RESPONSIBILITIES.—The Directed Energy Working Group shall—

“(A) analyze and evaluate the current and planned directed energy programs of each of the military departments;

“(B) make recommendations to the Secretary of Defense—

“(i) describing how memoranda of understanding may be used to coordinate the directed energy activities conducted by the Department of Defense using amounts authorized to be appropriated for research, development, test, and evaluation; and

“(ii) proposing the establishment of specific memoranda of understanding between individual organizations and elements of the Department of Defense to facilitate such coordination;

“(C) identify methods of quickly fielding directed energy capabilities and programs; and

“(D) develop a compendium on the effectiveness of directed energy weapon systems and integrate the compendium into an overall Joint Effectiveness Manual under the guidance from the Joint Technical Coordination Group for Munitions Effectiveness.

“(3) HEAD OF WORKING GROUP.—The head of the Directed Energy Working Group shall be the Under Secretary of Defense for Research and Engineering or the designee of the Under Secretary.

“(4) MEMBERSHIP.—The members of the Directed Energy Working Group shall be appointed as follows:

“(A) One member from each military department, appointed by the Secretary of the military department concerned.

“(B) One member appointed by the Under Secretary of Defense for Research and Engineering.

“(C) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.

“(D) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.

“(E) One member appointed by the Director of the Defense Advanced Research Projects Agency.

“(F) One member appointed by the Director of Operational Test and Evaluation.

“(G) One member appointed by the Director of the Missile Defense Agency.

“(H) Such other members as may be appointed by the Secretary of Defense from among individuals serving in the Department of Defense.

“(5) DEADLINE FOR APPOINTMENT.—Members of the Directed Energy Working Group shall be appointed not later than 30 days after the date of the establishment of the working group under paragraph (1).

“(6) BRIEFINGS TO CONGRESS.—Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not less frequently than once every 180 days thereafter, the Directed Energy Working Group shall provide to the congressional defense committees a briefing on the progress of each directed energy program that is being adopted or fielded by the Department of Defense.

“(7) TERMINATION.—The Directed Energy Working Group established under this subsection shall terminate 4 years after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”..”.

SEC. 216. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

(a) In general.—Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended—

(1) in subsection (e), by striking “2022” and inserting “2027”; and

(2) in subsection (f)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—Not later than one year after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the pilot program.”; and

(B) in paragraph (2), by adding at the end the following new subparagraph:

“(F) With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of—

“(i) any issues that may be preventing such participation; and

“(ii) any offices or other elements of the Department of Defense that may be responsible for the delay in participation.”.

(b) Technical amendment.—Effective as of December 23, 2016, and as if included therein as enacted, section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking “Assistant Secretary of the Army for Acquisition, Technology, and Logistics” and inserting “Assistant Secretary of the Army for Acquisition, Logistics, and Technology”.

(c) Extension of pilot program to improve incentives for technology transfer from Department of Defense laboratories.—Subsection (e) of section 233 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2514 note) is amended to read as follows:

“(e) Sunset.—The pilot program under this section shall terminate on September 30, 2025.”.

SEC. 217. Designation of senior officials for critical technology areas supportive of the National Defense Strategy.

(a) Designation of senior officials.—The Under Secretary of Defense for Research and Engineering shall—

(1) identify technology areas that the Under Secretary considers critical for the support of the National Defense Strategy; and

(2) for each such technology area, designate a senior official of the Department of Defense to coordinate research and engineering activities in that area.

(b) Duties.—The duties of each senior official designated under subsection (a) shall include, with respect to the technology area overseen by such official—

(1) developing and continuously updating research and technology development roadmaps, funding strategies, and technology transition strategies to ensure—

(A) the effective and efficient development of new capabilities in the area; and

(B) the operational use of appropriate technologies;

(2) conducting annual assessments of workforce, infrastructure, and industrial base capabilities and capacity to support—

(A) the roadmaps developed under paragraph (1); and

(B) the goals of the National Defense Strategy;

(3) reviewing the relevant research and engineering budgets of appropriate organizations within the Department of Defense, including the Armed Forces, and advising the Under Secretary on—

(A) the consistency of the budgets with the roadmaps developed under paragraph (1);

(B) any technical and programmatic risks to the achievement of the research and technology development goals of the National Defense Strategy;

(C) programs, projects, and activities that demonstrate—

(i) unwanted or inefficient duplication, including duplication with activities of other government agencies and the commercial sector;

(ii) lack of appropriate coordination with other organizations; or

(iii) inappropriate alignment with organizational missions and capabilities;

(4) coordinating the research and engineering activities of the Department with appropriate international, interagency, and private sector organizations; and

(5) tasking appropriate intelligence agencies of the Department to develop a direct comparison between the capabilities of the United States in the technology area concerned and the capabilities of adversaries of the United States in that area.

(c) Annual reports.—

(1) IN GENERAL.—Not later than December 1, 2021, and not later than December 1 of each year thereafter through December 1, 2025, the Under Secretary shall submit to the congressional defense committees a report on research and engineering activities and on the status of the technology areas identified under subsection (a)(1), including a description of any programs, projects, or activities in such areas, that have, in the year preceding the date of the report—

(A) achieved significant technical progress;

(B) transitioned from the research and development phase to formal acquisition programs;

(C) transitioned from the research and development phase into operational use; or

(D) been transferred from the Department of Defense to private sector organizations for further commercial development or commercial sales.

(2) FORM.—Each report under paragraph (1) shall submitted in unclassified form that can be made available to the public, but may include a classified annex.

(d) Coordination of research and engineering activities.—The Service Acquisition Executive for each military department and the Director of the Defense Advanced Research Projects Agency shall each identify senior officials to ensure coordination of appropriate research and engineering activities with each of the senior officials designated under subsection (a).

(e) Conforming amendments.—Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note) is amended—

(1) in subsection (a) by striking the second sentence and inserting “The Office shall carry out the program and activities described in subsections (b) and (c) and shall have such other responsibilities relating to hypersonics as the Secretary shall specify”;

(2) by striking subsections (b), (e) and (f);

(3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

(4) in subsection (b)(1), as so redesignated, by striking “provide the Office with” and all that follows through the period at the end and inserting “provide the Office with foundational and applied hypersonic research, development, and workforce support in areas that the Office determines to be relevant for the Department of Defense.”;

(5) in subsection (c), as so redesignated—

(A) in the matter preceding paragraph (1), by striking “In carrying out the program required by subsection (b), the Office” and inserting “The Office”;

(B) by amending paragraph (1) to read as follows:

“(1) Expedite testing, evaluation, and acquisition of hypersonic technologies to meet the stated needs of the warfighter, including flight testing, ground-based-testing, and underwater launch testing.”;

(C) by striking paragraphs (2) and (3);

(D) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (2), (3), (4), and (6), respectively;

(E) by amending paragraph (2), as so redesignated, to read as follows:

“(2) Ensure prototyping demonstration programs on hypersonic systems integrate advanced technologies to speed the maturation and deployment of future hypersonic systems.”;

(F) by amending paragraph (3), as so redesignated, to read as follows:

“(3) Ensure that any demonstration program on hypersonic systems is carried out only if determined to be consistent with the roadmap for the relevant critical technology area supportive of the National Defense Strategy, as developed by the senior official with responsibility for such area under section 217 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”;

(G) by amending paragraph (4), as so redesignated, to read as follows:

“(4) Develop strategies and roadmaps for hypersonic technologies to enable the transition of such technologies to future operational capabilities for the warfighter.”;

(H) by inserting after paragraph (4), as so redesignated, the following:

“(5) Develop and implement a strategy for enhancing the current and future hypersonics workforce.”; and

(I) by amending paragraph (6), as so redesignated, to read as follows:

“(6) Coordinate with relevant stakeholders and agencies to support the technological advantage of the United States in developing hypersonic systems.”.

SEC. 218. Executive agent for Autonomy.

(a) In general.—Not later than February 1, 2022, the Secretary of the Navy shall designate an existing program executive officer from within the Department of the Navy to serve as the acquisition executive agent for autonomy who shall be the official within the Department with primary responsibility for the acquisition of autonomous technology. The officer designated as acquisition executive agent for autonomy shall carry out the responsibilities of such position in addition to the responsibilities otherwise assigned to such officer as a program executive officer.

(b) Program executive officer defined.—In this section, the term “program executive officer” has the meaning given that term in section 1737(a)(4) of title 10, United States Code.

SEC. 219. National security innovation partnerships.

(a) Establishment.—The Secretary of Defense shall establish an activity—

(1) to support partnerships between the Department of Defense and academic institutions, private sector firms in defense and commercial sectors, commercial accelerators and incubators, commercial innovation hubs, public sector organizations, and nonprofit entities with missions relating to national security innovation;

(2) to expand the national security innovation base, including through engagement with academia, defense industry, commercial industry, government organizations, and the venture capital community;

(3) to accelerate the transition of technologies and services into acquisition programs and operational use;

(4) to work in coordination with the Under Secretary of Defense for Personnel and Readiness, other organizations within the Office of the Secretary, and the Armed Forces to create new pathways and models of national security service that facilitate employment within the Department;

(5) to facilitate engagement with entities described in paragraph (1) for the purpose of developing solutions to national security and defense problems articulated by entities within the Department, including through programs such as the Hacking for Defense program;

(6) to establish physical locations throughout the United States to support partnerships with academic, government, and private sector industry partners; and

(7) to enhance the capabilities of the Department in market research, industrial and technology base awareness, source selection, partnerships with private sector capital, and access to commercial technologies.

(b) Authorities.—In addition to the authorities provided under this section, in carrying out this section, the Secretary of Defense may use the following authorities:

(1) Section 1599g of title 10, United States Code, relating to public-private talent exchanges.

(2) Section 2368 of title 10, United States Code, relating to Centers for Science, Technology, and Engineering Partnerships.

(3) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements.

(4) Section 2474 of title 10, United States Code, relating to Centers of Industrial and Technical Excellence.

(5) Section 2521 of title 10, United States Code, relating to the Manufacturing Technology Program.

(6) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.

(7) Chapter 47 of title 5, United States Code, relating to personnel research programs and demonstration projects.

(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

(9) Such other authorities as the Secretary considers appropriate.

(c) Implementation.—

(1) SUPPORT FROM OTHER DEPARTMENT OF DEFENSE ORGANIZATIONS.—The Secretary of Defense may direct other organizations and elements of the Department of Defense to provide personnel, resources, and other support to the activity established under this section, as the Secretary determines appropriate.

(2) IMPLEMENTATION PLAN.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementing the activity established under this section.

(B) ELEMENTS.—The plan required under subparagraph (A) shall include the following:

(i) Plans that describe any support that will be provided for the activity by other organizations and elements of the Department of Defense under paragraph (1).

(ii) Plans for the implementation of the activity, including plans for—

(I) future funding and administrative support of the activity;

(II) integration of the activity into the programming, planning, budgeting, and execution process of the Department of Defense;

(III) integration of the activity with the other programs and initiatives within the Department that have missions relating to innovation and outreach to the academic and the private sector ; and

(IV) performance indicators by which the activity will be assessed and evaluated.

(iii) A description of any additional authorities the Secretary may require to effectively carry out the responsibilities under this section.

SEC. 220. Social science, management science, and information science research activities.

(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science.

(b) Purposes.—The purposes of the program under subsection (a) are as follows:

(1) To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness, efficiency, and agility of the Department’s operational and management activities.

(2) To develop and manage a portfolio of research initiatives in fundamental and applied social science, management science, and information science that is stable, consistent, and balanced across relevant disciplines.

(3) To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science between the Department of Defense and appropriate private sector and international entities that are involved in research and development in such fields.

(4) To accelerate the development of a research community and industry to support Department of Defense missions in the fields of social science, management science, and information science, including the development of facilities, a workforce, infrastructure, and partnerships in support of such missions.

(5) To coordinate all research and development within the Department of Defense in the fields of social science, management science, and information science.

(6) To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.

(7) To assess and appropriately share, with other departments and agencies of the Federal Government and appropriate entities in the private sector—

(A) challenges within the Department of Defense that may be addressed through the application of advances in social science, management science, and information science; and

(B) datasets related to such challenges.

(8) To support the identification of organizational and institutional barriers to the implementation of management and organizational enhancements and best practices.

(9) To accelerate efforts—

(A) to transition, and deploy within the Department of Defense, technologies and concepts derived from research and development in the fields of social science, management science, and information science; and

(B) to establish policies, procedures, and standards for measuring the success of such efforts.

(10) To integrate knowledge from cross-disciplinary research on—

(A) how factors relating to social science, management science, and information science affect the global security environment; and

(B) best practices for management in the public and private sectors.

(11) To apply principles, tools, and methods from social science, management science, and information science—

(A) to ensure the Department of Defense is more agile, efficient, and effective in organizational management and in deterring and countering current and emerging threats; and

(B) to support the National Defense Strategy.

(c) Administration.—The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).

(d) Activities.—The Under Secretary of Defense for Research and Engineering, in consultation with the Under Secretary of Defense for Policy, the Secretaries of the military departments, and the heads of relevant Defense Agencies, shall—

(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—

(A) optimization of analysis of national security data sets;

(B) development of innovative defense-related management activities;

(C) improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;

(D) improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and

(E) developing a Department of Defense workforce capable of developing and leveraging innovations and best practices in the fields of social science, management science, and information science to support defense missions;

(2) develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Departmental management challenges that—

(A) includes definitive milestones;

(B) provides for achieving specific technical goals;

(C) establishes pathways to address the operational and management missions of the Department through—

(i) the evaluation of innovations and advances in social science, management science, and information science for potential implementation within the Department; and

(ii) implementation of such innovations and advances within the Department, as appropriate; and

(C) builds upon the investments of the Department, other departments and agencies of the Federal Government, and the commercial sector in the fields of social science, management science, and information science;

(3) develop plans for—

(A) the development of the Department’s workforce in social science, management science, and information science; and

(B) improving awareness of—

(i) the fields of social science, management science, and information science;

(ii) advances and innovations in such fields; and

(iii) and the ability of such advances and innovations to enhance the efficiency and effectiveness of the Department; and

(4) develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary—

(A) to carry out the program under subsection (a); and

(B) to transition appropriate products, services, and innovations relating social science, management science, and information science into use within the Department.

(e) Guidance required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science, management science, and information science activities, including—

(A) classification and data management plans for such activities;

(B) policies for control of personnel participating in such activities to protect national security interests; and

(C) ensuring that research findings and innovations in the fields of social science, management science, and information science are incorporated into the activities and strategic documents of the Department.

(2) UPDATES.—The Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph (1).

(f) Designation of entity.—The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary, which may include a Department of Defense Laboratory, an academic institution, or another appropriate organization, to support interdisciplinary research and development activities in the fields of social science, management science, and information science, and engage with appropriate public and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and deployment of social science, management science, and information science within the Department.

(g) Use of other authority.—The Secretary of Defense shall use the authority provided under section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) to enhance the ability of the Department of Defense to access technical talent and expertise at academic institutions in support of the purposes of this section.

(h) Report.—

(1) IN GENERAL.—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the program under subsection (a).

(2) FORM OF REPORT.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 221. Accountability measures relating to the Advanced Battle Management System.

(a) Cost assessments.—

(1) INITIAL COST ESTIMATE.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Director of Cost Assessment and Program Evaluation, shall—

(A) define key technical, programmatic, and operational characteristics for the Advanced Battle Management System; and

(B) produce an initial cost estimate for the System that includes—

(i) estimated costs for each product category described in the report submitted to Congress under section 236 the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281); and

(ii) a description of each cost estimating methodology used in the preparation of the estimate.

(2) REVIEW AND REPORT.—Not later than 120 days after the completion of the estimate required under paragraph (1), the Air Force Cost Analysis Agency shall—

(A) conduct a non-advocate cost assessment of the estimate; and

(B) submit to the congressional defense committees and the Government Accountability Office a report on the results of the assessment.

(b) Program update briefings.—

(1) IN GENERAL.—Beginning not later than January 1, 2021, and on a quarterly basis thereafter, the Secretary of the Air Force shall provide to the congressional defense committees a program update briefing on the Advanced Battle Management System and all associated technologies.

(2) ELEMENTS.—Each briefing under paragraph (1) shall include—

(A) a detailed explanation of any on-ramp exercise of the Advanced Battle Management System conducted during the quarter covered by the report, including an explanation of—

(i) the objectives achieved by the exercise and any data collected for the purposes of decision making;

(ii) identification of the portions of the exercise that were scripted and unscripted and any technical workarounds or substitutes used for purposes of the exercise; and

(iii) the interim capabilities provided to combatant commanders after the conclusion of the exercise (commonly known as “leave behind” capabilities) and a plan for the sustainment or upgrade of such capabilities; and

(iv) the total cost of the exercise and a breakdown of the costs with respect to technology, range and demonstration resources, personnel, and logistics; and

(B) such other information as the Secretary of the Air Force determines appropriate.

(c) Report on security and resiliency measures.—At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report that describes how the Secretary plans to ensure the security and resiliency of the Advanced Battle Management System, including a description of any information assurance and anti-tamper requirements for the System.

(d) Additional report and briefings.—Not later than April 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees the following:

(1) REPORT ON PLANNED CAPABILITIES.—A report on the planned product line capabilities of the Advanced Battle Management System, including—

(A) a description of the technologies needed to implement and achieve such product line capabilities;

(B) a timeline for the technical maturation of such product line capabilities; and

(C) a notional schedule for fielding such product line capabilities over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code, as of the date of the report.

(2) BRIEFING ON ACQUISITION AUTHORITIES.—A briefing on the allocation of responsibilities among the individuals and entities responsible for acquisition for the Advanced Battle Management System, including an explanation of how decision-making and governance of the acquisition process is allocated among the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, the Chief Architect Integration Office, the Air Force Warfighting Integration Capability, and other entities within the Department of the Air Force that are expected provide capabilities for the System.

(3) BRIEFING ON ALIGNMENT WITH COMMON MISSION CONTROL CENTER.—A briefing, which may be provided in classified or unclassified form, that explains how, and to what extent, the Advanced Battle Management System will be aligned and coordinated with the Common Mission Control Center of the Air Force.

(e) Advanced battle management system defined.—In this section, the term “Advanced Battle Management System” has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).

(f) Conforming repeal.—Section 147(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1670) is repealed.

SEC. 222. Activities to improve fielding of Air Force hypersonic capabilities.

(a) Improvement of ground-based test facilities.—The Secretary of Defense shall take such actions as may be necessary to improve ground-based test facilities used for the research, development, test, and evaluation of hypersonic capabilities.

(b) Increasing flight test rate.—The Secretary of Defense shall increase the rate at which hypersonic capabilities are flight tested to expedite the maturation and fielding of such capabilities.

(c) Strategy and plan.—Not later than 60 days after the date of the enactment of this Act, the Chief of Staff of the Air Force, in consultation with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a strategy and plan for fielding air-launched and air-breathing hypersonic weapons capabilities within the period of three years following such date of enactment.

(d) Report.—In addition to the strategy and plan required under subsection (c), not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in consultation with the Director of Operational Test and Evaluation, shall submit to the congressional defense committees a report on the testing capabilities and infrastructure used for hypersonic weapons development. The report shall include—

(1) an assessment of the sufficiency of the testing capabilities and infrastructure used for fielding hypersonic weapons; and

(2) a description of any investments in testing capabilities and infrastructure that may be required to support in-flight and ground-based testing for such weapons.

SEC. 223. Disclosure of funding sources in applications for Federal research and development awards.

(a) Disclosure requirement.—Each Federal research agency shall require, as part of any application for a research and development award from such agency—

(1) that each covered individual listed on the application—

(A) disclose the amount, type, and source of all current and pending research support received by, or expected to be received by, the individual as of the time of the disclosure;

(B) certify that the disclosure is current, accurate, and complete; and

(C) agree to update such disclosure at the request of the agency prior to the award of support and at any subsequent time the agency determines appropriate during the term of the award; and

(2) that any entity applying for such award certify that each covered individual who is employed by the entity and listed on the application has been made aware of the requirements under paragraph (1).

(b) Consistency.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent.

(c) Enforcement.—

(1) REJECTION FOR VIOLATION OF LAW OR AGENCY TERMS.—A Federal research agency may reject an application for a research and development award if the current and pending research support disclosed by an individual under subsection (a) violates Federal law or agency terms and conditions.

(2) ENFORCEMENT FOR NONCOMPLIANCE.—Subject to paragraph (3), in the event that a covered individual listed on an entity’s application for a research and development award knowingly fails to disclose information under subsection (a), a Federal research agency may take one or more of the following actions:

(A) Reject the application.

(B) Suspend or terminate a research and development award made by that agency to the individual or entity.

(C) Temporarily or permanently discontinue any or all funding from that agency for the individual or entity.

(D) Temporarily or permanently suspend or debar the individual or entity in accordance with part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation, from receiving government funding.

(E) Refer the failure to disclose under subsection (a) to the Inspector General of the agency concerned for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were violated.

(F) Place the individual or entity in the Federal Awardee Performance and Integrity Information System for noncompliance to alert other agencies.

(G) Take such other actions against the individual or entity as are authorized under applicable law or regulations.

(3) SPECIAL RULE FOR ENFORCEMENT AGAINST ENTITIES.—An enforcement action described in paragraph (2) may be taken against an entity only in a case in which—

(A) the entity did not meet the requirements of subsection (a)(2);

(B) the entity knew that a covered individual failed to disclose information under subsection (a)(1) and the entity did not take steps to remedy such nondisclosure before the application was submitted; or

(C) the head of the Federal research agency concerned determines that—

(i) the entity is owned, controlled, or substantially influenced by a covered individual; and

(ii) such individual knowingly failed to disclose information under subsection (a)(1).

(4) NOTICE.—A Federal research agency that intends to take action under paragraph (1) or (2) shall, as practicable and in accordance with part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation, notify each individual or entity subject to such action about the specific reason for the action, and shall provide such individuals and entities with the opportunity to, and a process by which, to contest the proposed action.

(5) EVIDENTIARY STANDARDS.—A Federal research agency seeking suspension or debarment under paragraph (2)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation.

(d) Definitions.—In this section:

(1) The term “covered individual” means an individual who—

(A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and

(B) is designated as a covered individual by the Federal research agency concerned.

(2) The term “current and pending research support”—

(A) means all resources made available, or expected to be made available, to an individual in support of the individual’s research and development efforts, regardless of—

(i) whether the source of the resource is foreign or domestic;

(ii) whether the resource is made available through the entity applying for a research and development award or directly to the individual; or

(iii) whether the resource has monetary value; and

(B) includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research and development efforts, such as the provision of office or laboratory space, equipment, supplies, employees, or students.

(3) The term “entity” means an entity that has applied for or received a research and development award from a Federal research agency.

(4) The term “Federal research agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.

(5) The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.

SEC. 224. Governance of fifth-generation wireless networking in the Department of Defense.

(a) Transition of 5G wireless networking to operational use.—

(1) TRANSITION PLAN REQUIRED.—The Under Secretary of Defense for Research and Engineering, in consultation with the cross functional team established under subsection (c), shall develop a plan to transition fifth-generation (commonly known as “5G”) wireless technology to operational use within the Department of Defense.

(2) ELEMENTS.—The transition plan under paragraph (1) shall include the following:

(A) A timeline for the transition of responsibility for 5G wireless networking to the Chief Information Officer, as required under subsection (b)(1).

(B) A description of the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking for the Department, as determined by the Secretary of Defense in accordance with subsection (d).

(3) INTERIM BRIEFING.—Not later than March 31, 2021 the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of the plan required under paragraph (1).

(4) FINAL REPORT.—Not later than September 30, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that includes the plan developed under paragraph (1).

(b) Senior official for 5G wireless networking.—

(1) DESIGNATION OF CHIEF INFORMATION OFFICER.—Not later than October 1, 2023, the Secretary of Defense shall designate the Chief Information Officer as the senior official within Department of Defense with primary responsibility for—

(A) policy, oversight, guidance, research, and coordination on matters relating to 5G wireless networking; and

(B) making proposals to the Secretary on governance, management, and organizational policy for 5G wireless networking.

(2) ROLE OF UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.—The Under Secretary of Defense for Research and Engineering shall carry out the responsibilities specified in paragraph (1) until the date on which the Secretary of Defense designates the Chief Information Officer as the senior official responsible for 5G wireless networking under such paragraph.

(c) Cross-functional team for 5G wireless networking.—

(1) ESTABLISHMENT.—Using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team for 5G wireless networking.

(2) DUTIES.—The duties of the cross-functional team established under paragraph (1) shall be—

(A) to assist the Secretary of Defense in determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking, as required under subsection (d);

(B) to assist the senior official responsible for 5G wireless networking in carrying out the responsibilities assigned to such official under subsection (b);

(C) to oversee the implementation of the strategy developed under section 254 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223a note) for harnessing 5G wireless networking technologies, coordinated across all relevant elements of the Department;

(D) to advance the adoption of commercially available, next-generation wireless communication technologies, capabilities, security, and applications by the Department and the defense industrial base; and

(E) to support public-private partnerships between the Department and industry on matters relating to 5G wireless networking;

(F) to coordinate research and development, implementation and acquisition activities, warfighting concept development, spectrum policy, industrial policy and commercial outreach and partnership relating to 5G wireless networking in the Department, and interagency and international engagement;

(G) to integrate the Department’s 5G wireless networking programs and policies with major initiatives, programs, and policies of the Department relating to secure microelectronics and command and control; and

(H) to oversee, coordinate, execute, and lead initiatives to advance 5G wireless network technologies and associated applications developed for the Department.

(3) TEAM LEADER.—The Under Secretary of Defense for Research and Engineering shall lead the cross-functional team established under paragraph (1) until the date on which the Secretary of Defense designates the Chief Information Officer as the senior official responsible for 5G wireless networking as required under subsection (b)(1). Beginning on the date of such designation, the Chief Information Officer shall lead the cross functional team.

(d) Determination of organizational roles and responsibilities.—The Secretary of Defense, acting through the cross-functional team established under subsection (c), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking for the Department, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense Agencies and Department of Defense Field Activities, the Armed Forces, combatant commands, and the Joint Staff.

(e) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a briefing on the progress of the Secretary in—

(1) establishing the cross-functional team under subsection (c); and

(2) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect to 5G wireless networking as required under subsection (d).

(f) 5G procurement decisions.—Each Secretary of a military department shall be responsible for decisions relating to the procurement of 5G wireless technology for that department.

(g) Telecommunications security program.—

(1) PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to identify and mitigate vulnerabilities in the 5G telecommunications infrastructure of the Department of Defense.

(2) ELEMENTS.—In carrying out the program under paragraph (1), the Secretary shall—

(A) develop a capability to communicate clearly and authoritatively about threats by foreign adversaries;

(B) conduct independent red-team security analysis of systems, subsystems, devices, and components of the Department of Defense including no-knowledge testing and testing with limited or full knowledge of expected functionalities;

(C) verify the integrity of personnel who are tasked with design fabrication, integration, configuration, storage, test, and documentation of noncommercial 5G technology to be used by the Department;

(D) verify the efficacy of the physical security measures used at Department locations where system design, fabrication, integration, configuration, storage, test, and documentation of 5G technology occurs;

(E) direct the Chief Information Officer to assess, using existing government evaluation models and schema where applicable, 5G core service providers whose services will be used by the Department through the Department’s provisional authorization process; and

(F) direct the Defense Information Systems Agency and the United States Cyber Command to develop a capability for continuous, independent monitoring of non-commercial, government-transiting packet streams for 5G data on frequencies assigned to the Department to validate the availability, confidentiality, and integrity of the Department’s communications systems.

(3) IMPLEMENTATION PLAN.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for the implementation of the program under paragraph (1).

(4) REPORT.—Not later than 270 days after submitting the plan under paragraph (3), the Secretary of Defense shall submit to Congress a report that includes—

(A) a comprehensive assessment of the findings and conclusions of the program under paragraph (1);

(B) recommendations on how to mitigate vulnerabilities in the telecommunications infrastructure of the Department of Defense; and

(C) an explanation of how the Department plans to implement such recommendations.

(h) Rule of construction.—

(1) IN GENERAL.—Nothing in this section shall be construed as providing the Chief Information Officer immediate responsibility for the activities of the Department of Defense in fifth-generation wireless networking experimentation and science and technology development.

(2) PURVIEW OF EXPERIMENTATION AND SCIENCE AND TECHNOLOGY DEVELOPMENT.—The activities described in paragraph (1) shall remain within the purview of the Under Secretary of Defense for Research and Engineering, but shall inform and be informed by the activities of the cross-functional team established pursuant to subsection (c).

SEC. 225. Demonstration project on use of certain technologies for fifth-generation wireless networking services.

(a) Demonstration project.—The Secretary of Defense shall carry out a demonstration project to evaluate the maturity, performance, and cost of covered technologies to provide additional options for providers of fifth-generation wireless network services.

(b) Location.—The Secretary of Defense shall carry out the demonstration project under subsection (a) in at least one location where the Secretary plans to deploy a fifth-generation wireless network.

(c) Coordination.—The Secretary shall carry out the demonstration project under subsection (a) in coordination with at least one major wireless network service provider based in the United States.

(d) Covered technologies defined.—In this section, the term “covered technologies” means—

(1) a disaggregated or virtualized radio access network and core in which components can be provided by different vendors and interoperate through open protocols and interfaces, including those protocols and interfaces utilizing the Open Radio Access Network (commonly known as “Open RAN” or “oRAN”) approach; and

(2) one or more massive multiple-input, multiple-output radio arrays, provided by one or more companies based in the United States, that have the potential to compete favorably with radios produced by foreign companies in terms of cost, performance, and efficiency.

SEC. 226. Research, development, and deployment of technologies to support water sustainment.

(a) In general.—The Secretary of Defense shall research, develop, and deploy advanced water harvesting technologies to support and improve water sustainment within the Department of Defense and in geographic regions where the Department operates.

(b) Required activities.—In carrying out subsection (a), the Secretary shall—

(1) develop advanced water harvesting systems that reduce weight and logistics support needs compared to conventional water supply systems, including—

(A) modular water harvesting systems that are easily transportable; and

(B) trailer mounted water harvesting systems that reduce resupply needs;

(2) develop and implement storage requirements for water harvesting systems at forward operating bases; and

(3) establish cross functional teams to identify geographic regions where the deployment of water harvesting systems could reduce conflict and potentially eliminate the need for the presence of the Armed Forces.

(c) Additional activities.—In addition to the activities required under subsection (b), the Secretary shall—

(1) seek to leverage existing water harvesting techniques and technologies and apply such techniques and technologies to military operations carried out by the United States;

(2) consider using commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and near-ready deployment technologies to achieve cost savings and improve the self sufficiency of warfighters; and

(3) seek to enter into information sharing arrangements with foreign militaries and other organizations that have the proven ability to operate in water constrained areas for the purpose of sharing lessons learned and best practices relating to water harvesting.

(d) Implementation.—The Secretary shall deploy technologies developed under subsection (b)(1) for use by expeditionary forces not later than January 1, 2025.

(e) Water harvesting defined.—In this section, the term “water harvesting”, when used with respect to a system or technology, means a system or technology that is capable of creating useable water by—

(1) harvesting water from underutilized environmental sources, such as by capturing water from ambient humidity; or

(2) recycling or otherwise reclaiming water that has previously been used.

SEC. 227. Limitation on contract awards for certain unmanned vessels.

(a) Limitation.—Not less than 30 days before awarding a contract using any funds from the Research, Development, Test, and Evaluation, Navy account for the purchase of a covered vessel, the Secretary of the Navy shall submit to the congressional defense committees a report and certification described in subsection (c) for such contract and covered vessel.

(b) Covered vessels.—For purposes of this section, a covered vessel is one of the following:

(1) A large unmanned surface vessel (LUSV).

(2) A medium unmanned surface vehicle (MUSV).

(c) Report and certification described.—A report and certification described in this subsection regarding a contract for a covered vessel is—

(1) a report—

(A) submitted to the congressional defense committees not later than 60 days after the date of the completion of an independent technical risk assessment for such covered vessel;

(B) on the findings and recommendations of the Senior Technical Authority for the class of naval vessels that includes the covered vessel with respect to such assessment; and

(C) that includes such assessment; and

(2) a certification, submitted to the congressional defense committees with the report described in paragraph (1), that certifies that—

(A) the Secretary has determined, in conjunction with the Senior Technical Authority for the class of naval vessels that includes the covered vessel, that the critical mission, hull, mechanical, and electrical subsystems of the covered vessel—

(i) have been demonstrated in vessel-representative form, fit, and function; and

(ii) have achieved performance levels equal to or greater than applicable Department of Defense threshold requirements for such class of vessels or have maturation plans in place to achieve such performance levels prior to transition to a program of record, including a detailed description of such achieved performance or maturation plans; and

(B) such contract is necessary to meet Department research, development, test, and evaluation objectives for such covered vessel that cannot otherwise be met through further land-based subsystem prototyping or other demonstration approaches.

(d) Limitation on weapon integration.—

(1) IN GENERAL.—The Secretary may not integrate any offensive weapon system into a covered vessel until the date that is 30 days after the date on which the Secretary of the Defense certifies to the congressional defense committees that such covered vessel—

(A) will comply with applicable laws, including the law of armed conflict, with a detailed explanation of how such compliance will be achieved; and

(B) has been determined to be the most appropriate surface vessel to meet applicable offensive military requirements.

(2) COMPLETION OF ANALYSIS OF ALTERNATIVES REQUIRED.—A determination under paragraph (1)(B) shall be made only after the completion of an analysis of alternatives that—

(A) is described in subsection (e)(1); and

(B) supports such determination.

(e) Submittal of analysis of alternatives to Congress.—

(1) ANALYSIS OF ALTERNATIVES REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an analysis of alternatives regarding covered vessels with an integrated offensive weapon system and the most appropriate surface vessels to meet applicable offensive military requirements.

(2) CONTENTS.—The analysis submitted under paragraph (1) shall include, at a minimum, the following elements:

(A) Identification of capability needs applicable to such covered vessels, including offensive strike capability and capacity from the Mark–41 vertical launch system.

(B) Projected threats.

(C) Projected operational environments.

(D) Projected operational concepts.

(E) Projected operational requirements.

(F) Status quo (baseline) and surface vessel alternatives able to meet the capability needs identified in subparagraph (A), including—

(i) modified naval vessel designs, including amphibious ships, expeditionary fast transports, and expeditionary sea bases;

(ii) modified commercial vessel designs, including container ships and bulk carriers;

(iii) new naval vessel designs; and

(iv) new commercial vessel designs.

(G) Vessel design, performance, and measures of effectiveness of the baseline and each alternative, including a description of critical mission, hull, mechanical, and electrical subsystems.

(H) Estimated research, development, test, and evaluation cost of baseline and each alternative.

(I) Estimated lead vessel and average follow-on vessel procurement costs of baseline and each alternative.

(J) Life-cycle costs of baseline and each alternative.

(K) Life-cycle cost per baseline vessel and each alternative vessel.

(L) Life-cycle cost per specified quantity of baseline vessels and alternative vessels.

(M) Technology readiness assessment of baseline and each alternative.

(N) Analysis of alternatives, including relative cost and capability performance of baseline and alternative vessels.

(O) Trade-off analysis.

(P) Sensitivity analysis.

(Q) Conclusions and recommendations, which if the Secretary of Defense deems it appropriate, shall include the determination required under subsection (d)(1)(B).

(f) Definitions.—In this section:

(1) The term “critical mission, hull, mechanical, and electrical subsystems”, with respect to a covered vessel, includes the following subsystems:

(A) Command, control, communications, computers, intelligence, surveillance, and reconnaissance.

(B) Autonomous vessel navigation, vessel control, contact management, and contact avoidance.

(C) Communications security, including cryptopgraphy, encryption, and decryption.

(D) Main engines, including the lube oil, fuel oil, and other supporting systems.

(E) Electrical generation and distribution, including supporting systems.

(F) Military payloads.

(G) Any other subsystem identified as critical by the Senior Technical Authority for the class of naval vessels that includes the covered vessel.

(2) The term “Senior Technical Authority” means, with respect to a class of naval vessels, the Senior Technical Authority designated for that class of naval vessels under section 8669b of title 10, United States Code.

subtitle CArtificial Intelligence and Emerging Technology

SEC. 231. Modification of biannual report on the Joint Artificial Intelligence Center.

Section 260(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293) is amended by adding at the end the following new paragraphs:

“(11) The results of an assessment, conducted biannually, on the efforts of the Center and the Department of Defense to develop or contribute to the development of standards for artificial intelligence, including—

“(A) a description of such efforts;

“(B) an evaluation of the need to incorporate standards for artificial intelligence into the strategies and doctrine of the Department and a description of any efforts undertaken to further the development and adoption of such standards;

“(C) an explanation of any collaboration on artificial intelligence standards development with—

“(i) other organizations and elements of the Department of Defense (including the Defense Agencies and the military departments);

“(ii) agencies of the Federal Government;

“(iii) the intelligence community;

“(iv) representatives of the defense industrial base and other sectors of private industry; and

“(v) any other agencies, entities, organizations, or persons the Secretary considers appropriate; and

“(D) an explanation of any participation by the Center and the Department of Defense in international or other multi-stakeholder standard-setting bodies.

“(12) For each member of the Armed Forces who concluded a formal assignment supporting the Center in the period of six months preceding the date of the report, a position description of the billet that the member transitioned into, as provided to the Center by the Armed Force of the member within 30 days of reassignment.

“(13) An annual update, developed in consultation with the Armed Forces, on the status of active duty members of the Armed Forces assigned to the Center. This update shall include the following:

“(A) An assessment of the effectiveness of such assignments in strengthening the ties between the Center and the Armed Forces for the purposes of—

“(i) identifying tactical and operational use cases for artificial intelligence;

“(ii) improving data collection relating to artificial intelligence; and

“(iii) establishing effective lines of communication between the Center and the Armed Forces to identify and address concerns from the Armed Forces relating to the widespread adoption and dissemination of artificial intelligence.

“(B) A description of any efforts undertaken to create opportunities for additional nontraditional broadening assignments at the Center for members of the Armed Forces on active duty.

“(C) An analysis of the career trajectories of active duty members of the Armed Forces assigned to the Center, including any potential negative effects of such assignment on the career trajectories of such members.”.

SEC. 232. Modification of joint artificial intelligence research, development, and transition activities.

Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting “acquire,” before “develop”; and

(B) by amending paragraph (2) to read as follows:

“(2) EMPHASIS.—The set of activities established under paragraph (1) shall include—

“(A) acquisition and development of mature artificial intelligence technologies in support of defense missions;

“(B) applying artificial intelligence and machine learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces and other organizations and elements of the Department of Defense;

“(C) accelerating the development, testing, and fielding of new artificial intelligence and artificial intelligence-enabling capabilities; and

“(D) coordinating and deconflicting activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Department.”;

(2) by striking subsection (e);

(3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(4) by inserting after subsection (b) the following new subsection:

“(c) Organization and roles.—

“(1) ASSIGNMENT OF ROLES AND RESPONSIBILITIES.—

“(A) IN GENERAL.—In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies.

“(B) APPROPRIATE OFFICIALS.—The officials assigned roles and responsibilities under subparagraph (A) shall include—

“(i) the Under Secretary of Defense for Research and Engineering;

“(ii) the Under Secretary of Defense for Acquisition and Sustainment;

“(iii) the Director of the Joint Artificial Intelligence Center;

“(iv) one or more officials in each military department;

“(v) officials of appropriate Defense Agencies; and

“(vi) such other officials as the Secretary of Defense determines appropriate.

“(2) ROLE OF DIRECTOR OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—

“(A) DIRECT REPORT TO DEPUTY SECRETARY OF DEFENSE.—During the covered period, the Director of the Joint Artificial Intelligence Center shall report directly to the Deputy Secretary of Defense without intervening authority.

“(B) CONTINUATION.—The Director of the Joint Artificial Intelligence Center shall continue to report to the Deputy Secretary of Defense as described in subparagraph (A) after the expiration of the covered period if, not later than 30 days before such period expires, the Deputy Secretary—

“(i) determines that the Director should continue to report to Deputy Secretary without intervening authority; and

“(ii) transmits notice of such determination to the congressional defense committees.

“(C) COVERED PERIOD DEFINED.—In this paragraph, the term ‘covered period’ means the period of two years beginning on the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”;

(5) in subsection (d), as so redesignated—

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting “acquire,” before “develop”;

(B) in the heading of paragraph (2), by striking “development” and inserting “acquisition, development”; and

(C) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by striking “To the degree practicable, the designated official” and inserting “The official designated under subsection (b)”;

(ii) in subparagraph (A), by striking “development” and inserting “acquisition”;

(iii) by redesignating subparagraphs (H) and (I) as subparagraphs (J) and (K), respectively; and

(iv) by inserting after subparagraph (G), the following new subparagraphs:

“(H) develop standard data formats for the Department that—

“(i) aid in defining the relative maturity of datasets; and

“(ii) inform best practices for cost and schedule computation, data collection strategies aligned to mission outcomes, and dataset maintenance practices;

“(I) establish data and model usage agreements and collaborative partnership agreements for artificial intelligence product development with each organization and element of the Department, including each of the Armed Forces;”;

(6) in subsection (e), as so redesignated—

(A) by striking “The Secretary shall” and inserting “Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall issue regulations to”;

(B) by striking “the coordination described in subsection (b) and the duties set forth in subsection (c)” and inserting “the duties set forth in subsection (d)”; and

(C) by adding at the end the following new sentence: “At a minimum, such access shall ensure that the Director of the Joint Artificial Intelligence Center has the ability to discover, access, share, and appropriately reuse data and models of the Armed Forces and other organizations and elements of the Department of Defense, build and maintain artificial intelligence capabilities for the Department, and execute the duties assigned to the Director by the Secretary.”; and

(7) by adding at the end the following new subsection:

“(h) Joint Artificial Intelligence Center defined.—In this section, term ‘Joint Artificial Intelligence Center’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled ‘Establishment of the Joint Artificial Intelligence Center’, or any successor to such Center.”.

SEC. 233. Board of advisors for the Joint Artificial Intelligence Center.

(a) Establishment.—The Secretary of Defense shall establish a board of advisors for the Joint Artificial Intelligence Center.

(b) Duties.—The duties of the board of advisors shall include the following:

(1) Provide independent strategic advice and technical expertise to the Secretary and the Director on matters relating to the development and use of artificial intelligence by the Department of Defense.

(2) Evaluate and advise the Secretary and the Director on ethical matters relating to the development and use of artificial intelligence by the Department.

(3) Conduct long-term and long-range studies on matters relating to artificial intelligence, as required.

(4) Evaluate and provide recommendations to the Secretary and the Director regarding the Department’s development of a robust workforce proficient in artificial intelligence.

(5) Assist the Secretary and the Director in developing strategic level guidance on artificial intelligence-related hardware procurement, supply-chain matters, and other technical matters relating to artificial intelligence.

(c) Membership.—The board of advisors shall be composed of appropriate experts from academic or private sector organizations outside the Department of Defense, who shall be appointed by the Secretary.

(d) Chairperson.—The chairperson of the board of advisors shall be selected by the Secretary.

(e) Meetings.—The board of advisors shall meet not less than once each fiscal quarter and may meet at other times at the call of the chairperson or a majority of its members.

(f) Reports.—Not later than September 30 of each year through September 30, 2024, the board of advisors shall submit to the congressional defense committees a report that summarizes the activities of the board over the preceding year.

(g) Definitions.—In this section:

(1) The term “artificial intelligence” has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).

(2) The term “Director” means the Director of the Joint Artificial Intelligence Center.

(3) The term “Joint Artificial Intelligence Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled “Establishment of the Joint Artificial Intelligence Center”, or any successor to such Center.

(4) The term “Secretary” means the Secretary of Defense.

SEC. 234. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy.

(a) Identification of use cases.—The Secretary of Defense, acting through such officers and employees of the Department of Defense as the Secretary considers appropriate, including the chief data officers and chief management officers of the military departments, shall identify a set of no fewer than five use cases of the application of existing artificial intelligence enabled systems to support improved management of enterprise acquisition, personnel, audit, or financial management functions, or other appropriate management functions, that are consistent with reform efforts that support the National Defense Strategy.

(b) Prototyping activities aligned to use cases.—The Secretary, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Director of the Joint Artificial Intelligence Center and such other officers and employees as the Secretary considers appropriate, shall pilot technology development and prototyping activities that leverage commercially available technologies and systems to demonstrate new artificial intelligence enabled capabilities to support the use cases identified under subsection (a).

(c) Briefing.—Not later than October 1, 2021, the Secretary shall provide to the congressional defense committees a briefing summarizing the activities carried out under this section.

SEC. 235. Acquisition of ethically and responsibly developed artificial intelligence technology.

(a) Assessment required.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, shall conduct an assessment to determine—

(A) whether the Department of Defense has the ability, requisite resourcing, and sufficient expertise to ensure that any artificial intelligence technology acquired by the Department is ethically and responsibly developed; and

(B) how the Department can most effectively implement ethical artificial intelligence standards in acquisition processes and supply chains.

(2) ELEMENTS.—The assessment conducted under paragraph (1) shall address the following:

(A) Whether there are personnel occupying relevant roles within the Department of Defense who have sufficient expertise, across multiple disciplines (including ethical, legal, and technical expertise)—

(i) to advise on the acquisition of artificial intelligence technology; and

(ii) to ensure the acquisition of ethically and responsibly developed artificial intelligence technology.

(B) The feasibility and advisability of retaining outside experts as consultants to assist the Department in strengthening capacity and filling any gaps in expertise identified under subparagraph (A).

(C) The extent to which existing acquisition processes encourage or require consultation with relevant experts across multiple disciplines within the Department to ensure that artificial intelligence technology acquired by the Department is ethically and responsibly developed.

(D) Quantitative and qualitative standards for assessing the extent to which experts across multiple disciplines are engaged in the acquisition of artificial intelligence technology by the department.

(b) Briefing required.—

(1) IN GENERAL.—Not later than 30 days after the date on which the Secretary of Defense completes the assessment under subsection (a), the Secretary shall provide to the congressional defense committees a briefing on the results of the assessment.

(2) ELEMENTS.—The briefing under paragraph (1) shall include, based on the results of the assessment—

(A) an explanation of whether the Department of Defense has personnel, in the proper roles and with sufficient expertise across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology;

(B) an explanation of whether the Department has adequate procedures to encourage or require the consultation of such experts as part of the acquisition process for artificial intelligence technology;

(C) an explanation of any procedures the Department has in place to ensure that activities involving artificial intelligence are consistent with the Department’s ethical artificial intelligence standards; and

(D) with respect to any deficiencies identified under subparagraph (A), (B), or (C), a description of any measures that have been taken, and any additional resources that may be needed, to mitigate such deficiencies.

SEC. 236. Steering committee on emerging technology.

(a) Establishment.—The Secretary of Defense may establish a steering committee on emerging technology and national security threats (referred to in this section as the “Steering Committee”).

(b) Membership.—The Steering Committee shall be composed of the following:

(1) The Deputy Secretary of Defense.

(2) The Vice Chairman of the Joint Chiefs of Staff.

(3) The Under Secretary of Defense for Intelligence and Security.

(4) The Under Secretary of Defense for Research and Engineering.

(5) The Under Secretary of Defense for Personnel and Readiness.

(6) The Under Secretary of Defense for Acquisition and Sustainment.

(7) The Chief Information Officer.

(8) Such other officials of the Department of Defense as the Secretary of Defense determines appropriate.

(c) Responsibilities.—The Steering Committee shall be responsible for—

(1) developing a strategy for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological superiority of the United States military as outlined in the National Defense Strategy;

(2) providing assessments of emerging threats and identifying investments and advances in emerging technology areas undertaken by adversaries of the United States;

(3) making recommendations to the Secretary of Defense on—

(A) the implementation of the strategy developed under paragraph (1);

(B) steps that may be taken to address the threats identified under paragraph (2);

(C) any changes to a program of record that may be required to achieve the strategy under paragraph (1);

(D) any changes to the Defense Planning Guidance required by section 113(g)(2)(A) of title 10, United States Code, that may be required to achieve the strategy under paragraph (1); and

(E) whether sufficient resources are available for the research activities, workforce, and infrastructure of the Department of Defense to support the development of capabilities to defeat emerging threats to the United States; and

(4) carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense.

(d) Emerging technology defined.—In this section, the term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be identified by the Secretary.

(e) Sunset.—This section shall terminate on October 1, 2024.

subtitle DEducation and Workforce Development

SEC. 241. Measuring and incentivizing programming proficiency.

(a) In general.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out the following activities:

(1) Leverage existing civilian software development and software architecture certification programs to implement coding language proficiency and artificial intelligence competency tests within the Department of Defense that—

(A) measure an individual's competency in using machine learning tools, in a manner similar to the way the Defense Language Proficiency Test measures competency in foreign language skills;

(B) enable the identification of members of the Armed Forces and civilian employees of the Department of Defense who have varying levels of quantified coding comprehension and skills and a propensity to learn new programming paradigms, algorithms, and data analytics; and

(C) include hands-on coding demonstrations and challenges.

(2) Update existing recordkeeping systems to track artificial intelligence and programming certification testing results in a manner that is comparable to the system used for tracking and documenting foreign language competency, and use that recordkeeping system to ensure that workforce coding and artificial intelligence comprehension and skills are taken into consideration when making assignments.

(3) Implement a system of rewards, including appropriate incentive pay and retention incentives, for members of the Armed Forces and civilian employees of the Department of Defense who perform successfully on specific language coding proficiency and artificial intelligence competency tests and make their skills available to the Department.

(b) Information sharing with other Federal agencies.—The Secretary of Defense shall share information on the activities carried out under subsection (a) with the Secretary of Homeland Security, the Attorney General, the Director of National Intelligence, and the heads of such other organizations of the intelligence community as the Secretary determines appropriate, for purposes of—

(1) making information about the coding language proficiency and artificial intelligence competency tests developed under such subsection available to other Federal national security agencies; and

(2) encouraging the heads of such agencies to implement tracking and reward systems that are comparable to those implemented by the Department of Defense pursuant to such subsection.

(c) Special pay for programming language proficiency beneficial for national security interests.—

(1) IN GENERAL.—Chapter 81 of title 10, United States Code, is amended by inserting after section 1596b the following new section:

§ 1596c. Programming language proficiency: special pay for proficiency beneficial for national security interests

“(a) Authority.—The Secretary of Defense, under the sole and exclusive discretion of the Secretary, may pay special pay under this section to an employee of the Department of Defense who—

“(1) has been certified by the Secretary to be proficient in a computer or digital programming language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests; and

“(2) is assigned duties requiring proficiency in that programming language.

“(b) Rate.—The rate of special pay for an employee under this section shall be prescribed by the Secretary, but may not exceed 20 percent of the employee's rate of basic pay.

“(c) Relationship to other pay and allowances.—Special pay under this section is in addition to any other pay or allowances to which the employee is entitled.

“(d) Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 1596b the following new item:


“1596c. Programming language proficiency: special pay for proficiency beneficial for national security interests.”.

SEC. 242. Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.

Section 2192a of title 10, United States Code, is amended—

(1) in subsection (c)(1)(B)(i), by inserting “, including by serving on active duty in the Armed Forces” after “Department”;

(2) in subsection (d)—

(A) in paragraph (1), by striking “; and” and inserting a semicolon;

(B) in paragraph (2), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following new paragraph:

“(3) may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor.”; and

(3) in subsection (f)—

(A) by inserting “(1)” before “The Secretary”; and

(B) by adding at the end the following new paragraph:

“(2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).”.

SEC. 243. Improvements to Technology and National Security Fellowship of Department of Defense.

(a) Modification regarding basic pay.—Subparagraph (A) of section 235(a)(4) of National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1580 note prec.) is amended to read as follows:

“(A) shall be compensated at a rate of basic pay that is not less than the minimum rate of basic pay payable for a position at GS–10 of the General Schedule (subchapter III of chapter 53 of title 5, United States Code) and not more than the maximum rate of basic pay payable for a position at GS–15 of such Schedule; and”.

(b) Background checks.—Subsection (b) of such section is amended by adding at the end the following new paragraph:

“(3) BACKGROUND CHECK REQUIREMENT.—No individual may participate in the fellows program without first undergoing a background check that the Secretary of Defense considers appropriate for participation in the program.”.

SEC. 244. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions.

Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “National Defense Authorization Act for Fiscal Year 2020” and inserting “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”; and

(ii) by striking “not fewer than three” and inserting “not fewer than four”;

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following new paragraph:

“(2) COORDINATION.—In carrying out paragraph (1), the Secretary of Defense may act through the Defense Advanced Research Projects Agency or any other organization or element of the Department of Defense the Secretary considers appropriate.”; and

(D) in paragraph (3), as so redesignated, by inserting “training,” after “management,”;

(2) in subsection (e)—

(A) in paragraph (28) by striking “Infrastructure resilience” and inserting “Additive manufacturing”;

(B) by redesignating paragraph (30) as paragraph (31); and

(C) by inserting after paragraph (29) the following new paragraph:

“(30) 3D and virtual technology training platforms.”;

(3) by redesignating subsections (f) and (g) as subsection (g) and (h), respectively;

(4) by inserting after subsection (e) the following new subsection:

“(f) Requirement To establish consortia.—

“(1) IN GENERAL.—In carrying out subsection (a)(1)—

“(A) the Secretary of Defense shall seek to establish at least one multi-institution consortium through the Office of the Secretary of Defense;

“(B) the Secretary of the Army shall seek to establish at least one multi-institution consortium through the Army;

“(C) the Secretary of the Navy shall seek to establish at least one multi-institution consortium through the Navy; and

“(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the Air Force.

“(2) REPORT REQUIRED.—Not later than September 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the efforts to establish consortia under paragraph (1).”; and

(5) in subsection (g), as so redesignated, by striking “2022” and inserting “2026”.

SEC. 245. Encouragement of contractor science, technology, engineering, and mathematics (STEM) programs.

(a) In general.—The Under Secretary of Defense for Research and Engineering, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop programs and incentives to ensure that Department of Defense contractors take appropriate steps to—

(1) enhance undergraduate, graduate, and doctoral programs in science, technology, engineering, and mathematics (in this section referred to as “STEM”);

(2) make investments, such as programming and curriculum development, in STEM programs within elementary schools and secondary schools;

(3) encourage employees to volunteer in elementary schools and secondary schools, including schools that the Secretary of Defense determines serve high numbers or percentages of students from low-income families or that serve significant populations of military dependents, in order to enhance STEM education and programs;

(4) establish partnerships with appropriate entities, including institutions of higher education for the purpose of training students in technical disciplines;

(5) make personnel available to advise and assist in STEM educational activities aligned with functions of the Department of Defense;

(6) award scholarships and fellowships, and establish work-based learning programs in scientific disciplines;

(7) conduct recruitment activities to enhance the diversity of the STEM workforce; or

(8) make internships available to students of secondary schools, undergraduate, graduate, and doctoral programs in STEM disciplines.

(b) Award program.—The Secretary of Defense shall establish procedures to recognize defense industry contractors that demonstrate excellence in supporting STEM education, partnerships, programming, and other activities to enhance participation in STEM fields.

(c) Implementation.—Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the steps taken to implement the requirements of this section.

(d) Definitions.—In this section:

(1) The terms “elementary school” and “secondary school” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(e) Conforming repeal.—Section 862 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. note prec. 2191) is repealed.

SEC. 246. Training program for human resources personnel in best practices for technical workforce.

(a) Pilot training program.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Research and Engineering, shall develop and implement a pilot program to provide covered human resources personnel with training in public and private sector best practices for attracting and retaining technical talent.

(2) TRAINING AREAS.—The pilot program shall include training in the authorities and procedures that may be used to recruit technical personnel for positions in the Department of Defense, including—

(A) appropriate direct hiring authorities;

(B) excepted service authorities;

(C) personnel exchange authorities;

(D) authorities for hiring special government employees and highly qualified experts;

(E) special pay authorities; and

(F) private sector best practices to attract and retain technical talent.

(3) METRICS.—The Secretary of Defense shall develop metrics to evaluate the effectiveness of the pilot program in contributing to the ability of the Department of Defense to attract and retain technical talent.

(4) PLAN REQUIRED.—The Secretary of Defense shall develop a plan for the implementation of the pilot program.

(b) Reports.—

(1) REPORT ON PLAN.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the plan required under subsection (a)(4).

(2) REPORT ON PILOT PROGRAM.—Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program.

(c) Definitions.—In this section:

(1) The term “covered human resources personnel” means members of the Armed Forces and civilian employees of the Department of Defense, including human resources professionals, hiring managers, and recruiters, who are responsible for hiring technical talent.

(2) The term “technical talent” means individuals with expertise in high priority technical disciplines.

(d) Termination.—The requirement to carry out the pilot program under this section shall terminate five years after the date of the enactment of this Act.

SEC. 247. Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions.

(a) Pilot program.—Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which certain applicants for technical positions within the Department of Defense will be evaluated, in part, based on electronic portfolios of the applicant’s work, as described in subsection (b).

(b) Activities.—Under the pilot program, the human resources manager of each organization of the Department of Defense participating in the program, in consultation with relevant subject matter experts, shall—

(1) identify a subset of technical positions for which the evaluation of electronic portfolios would be appropriate as part of the hiring process; and

(2) as appropriate, assess applicants for such positions by reviewing electronic portfolios of the applicants’ best work, as selected by the applicant concerned.

(c) Scope of program.—The Secretary of Defense shall carry out the pilot program under subsection (a) in—

(1) the Joint Artificial Intelligence Center;

(2) the Defense Digital Service;

(3) at least one activity of each military department, as identified by the Secretary of the department concerned; and

(4) such other organizations and elements of the Department of Defense as the Secretary determines appropriate.

(d) Report.—Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the program. At a minimum, the report shall—

(1) describe how the use of electronic portfolios in the hiring process affected the timeliness of the hiring process for technical positions in organizations of the Department of Defense participating in the program;

(2) assess the level of satisfaction of organization leaders, hiring authorities, and subject matter experts with the quality of applicants who were hired based on evaluations of electronic portfolios;

(3) identify other job series that could benefit from the use of electronic portfolios in the hiring process;

(4) recommend whether the use of electronic portfolios in the hiring process should be expanded or made permanent; and

(5) recommend any statutory, regulatory, or policy changes required to support the goals of the pilot program under subsection (a).

(e) Technical position defined.—In this section, the term “technical position” means a position in the Department of Defense that—

(1) requires expertise in artificial intelligence, data science, or software development; and

(2) is eligible for direct hire authority under section 9905 of title 5, United States Code, or section 2358a of title 10, United States Code.

(f) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate 5 years after the date of the enactment of this Act.

SEC. 248. Pilot program on self-directed training in advanced technologies.

(a) Online courses.—The Secretary of Defense shall carry out a pilot program under which the Secretary makes available a list of approved online courses relating to advanced technologies that may be taken by civilian employees of the Department of Defense and members of the Armed Forces on a voluntary basis while not engaged in the performance of their duties.

(b) Procedures.—The Secretary shall establish procedures for the development, selection, approval, adoption, and evaluation of online courses under subsection (a) to ensure that such courses are supportive of the goals of this section and overall goals for the training and education of the civilian and military workforce of the Department of Defense.

(c) Documentation of completion.—The Secretary of Defense shall develop and implement a system—

(1) to confirm whether a civilian employee of the Department of Defense or member of the Armed Forces has completed an online course approved by the Secretary under subsection (a); and

(2) to document the completion of such course by such employee or member.

(d) Incentives.—The Secretary of Defense shall develop and implement incentives to encourage civilian employees of the Department of Defense and members of the Armed Forces to complete online courses approved by the Secretary under subsection (a).

(e) Metrics.—The Secretary of Defense shall develop metrics to evaluate whether, and to what extent, the pilot program under this section improves the ability of participants—

(1) to perform job-related functions; and

(2) to execute relevant missions of the Department of Defense.

(f) Advanced technologies defined.—In this section, the term “advanced technologies” means technologies that the Secretary of Defense determines to be in high-demand within the Department of Defense and to which significant research and development efforts are devoted, including technologies such as artificial intelligence, data science, machine learning, fifth-generation telecommunications technology, and biotechnology.

(g) Deadline.—The Secretary of Defense shall carry out the activities described in subsections (a) through (e) not later than one year after the date of the enactment of this Act.

(h) Sunset.—This section shall terminate on October 1, 2024.

SEC. 249. Part-time and term employment of university faculty and students in the Defense science and technology enterprise.

(a) Program required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a program under which opportunities for part-time and term employment are made available in the Defense science and technology enterprise for faculty and students of institutions of higher education for the purpose of enabling such faculty and students to carry out research projects in accordance with subsection (b).

(b) Research projects.—

(1) FACULTY.—A faculty member who is employed in position made available under subsection (a) shall, in the course of such employment, carry out a research project that—

(A) relates to a topic in the field of science, technology, engineering, or mathematics; and

(B) contributes to the objectives of the Department of Defense, as determined by the Secretary of Defense.

(2) STUDENTS.—A student employed in position made available under subsection (a) shall assist a faculty member with a research project described in paragraph (1).

(c) Selection of participants.—The Secretary of Defense, acting through the heads of participating organizations in the Defense science and technology enterprise, shall select individuals for participation in the program under subsection (a) as follows:

(1) Faculty members shall be selected for participation on the basis of—

(A) the academic credentials and research experience of the faculty member; and

(B) the extent to which the research proposed to be carried out by the faculty member will contribute to the objectives of the Department of Defense.

(2) Students shall be selected to assist with a research project under the program on the basis of—

(A) the academic credentials and other qualifications of the student; and

(B) the student’s ability to fulfill the responsibilities assigned to the student as part of the project.

(d) Minimum number of positions.—

(1) IN GENERAL.—During the first year of the program under subsection (a), the Secretary of Defense shall establish not fewer than 10 part-time or term positions for faculty.

(2) ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.—Of the positions established under paragraph (1), not fewer than five such positions shall be reserved for faculty who will conduct research in the area of artificial intelligence and machine learning.

(e) Authorities.—In carrying out the program under subsection (a), the Secretary of Defense, or the head of an organization in the Defense science and technology enterprise, as applicable, may—

(1) use any hiring authority available to the Secretary or the head of such organization, including—

(A) any hiring authority available under a laboratory demonstration program, including the hiring authority provided under section 2358a of title 10, United States Code;

(B) direct hiring authority under section 1599h of title 10, United States Code; and

(C) expert hiring authority under section 3109 of title 5, United States Code;

(2) enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) to enable the sharing of research and expertise with institutions of higher education and the private sector; and

(3) pay referral bonuses to faculty or students participating in the program who identify—

(A) students to assist in a research project under the program; or

(B) students or recent graduates to participate in other programs in the Defense science and technology enterprise, including internships at Department of Defense laboratories and in the Pathways Program of the Department.

(f) Annual reports.—

(1) INITIAL REPORT.—Not later than 30 days after the conclusion of the first year of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. The report shall include—

(A) identification of the number of faculty and students employed under the program;

(B) identification of the organizations in the Defense science and technology enterprise that employed such individuals; and

(C) a description of the types of research conducted by such individuals.

(2) SUBSEQUENT REPORTS.—Not later than 30 days after the conclusion of the second and third years of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the program. Each report shall include—

(A) the information described in subparagraphs (A) through (C) of paragraph (1);

(B) the results of any research projects conducted under the program; and

(C) the number of students and recent graduates who, pursuant to a reference from a faculty member or student participating in the program as described in subsection (e)(3), were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise.

(g) Definitions.—In this section:

(1) The term “Defense science and technology enterprise” means—

(A) the research organizations of the military departments;

(B) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));

(C) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and

(D) the Defense Advanced Research Projects Agency.

(2) The term “faculty” means an individual who serves as a professor, researcher, or instructor at an institution of higher education.

(3) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

SEC. 250. National security workforce and educational diversity activities.

(a) In general.—The Secretary of Defense shall seek to diversify participation in the Science, Mathematics, and Research for Transformation (SMART) Defense Education Program under section 2192a of title 10, United States Code.

(b) Activities.—In carrying out subsection (a), the Secretary shall—

(1) subject to the availability of appropriations for this purpose, set aside funds for financial assistance, scholarships, and fellowships for students at historically Black colleges or universities or at minority institutions of higher education and such other institutions as the Secretary considers appropriate;

(2) partner with institutions of higher education, and such other public and private sector organizations as the Secretary considers appropriate, to increase diversity of participants in the program described in subsection (a);

(3) establish individual and organizational incentives, and such other activities as the Secretary considers appropriate, to increase diversity of student participation in the program described in subsection (a);

(4) increase awareness of opportunities to participate in the program described in subsection (a);

(5) evaluate the potential for new programs, fellowships, and other activities at historically Black colleges or universities and minority institutions of higher education to increase diversity in educational and workforce development programs;

(6) identify potential changes to the program described in subsection (a) that would improve diversity of participants in such program; and

(7) establish metrics to evaluate success of activities under this section.

(c) Report.—Not later than September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that evaluates the success of activities conducted by the Secretary in increasing diversity in appropriate programs of the Department of Defense and hiring and retaining diverse individuals in the science, mathematics, and research workforce of the public sector.

SEC. 251. Coordination of scholarship and employment programs of the Department of Defense.

(a) Establishment or designation of organization.—The Secretary of Defense shall establish or designate an organization within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various scholarship and employment programs of the Department.

(b) Duties.—The organization established or designated under subsection (a) shall have the following duties:

(1) To establish an interconnected network and database across the scholarship and employment programs of the Department.

(2) To aid in matching scholarships to individuals pursuing courses of study in high demand skill areas.

(3) To build a network of current and former program participants for potential engagement or employment with Department activities.

(c) Annual listing.—On an annual basis, the organization established or designated under subsection (a) shall publish, on a publicly accessible website of the Department, a listing of scholarship and employment programs carried out by the Department.

SEC. 252. Study on mechanisms for attracting and retaining high quality talent in the Department of Defense.

(a) Study required.—The Secretary of Defense shall enter into an agreement with an independent academic institution to conduct a study to develop policy options and recommendations for the establishment of a program to attract and retain covered individuals for employment in the Department of Defense.

(b) Elements.—The study required under subsection (a) shall include the following:

(1) An analysis of mechanisms the Department may use to engage public and private sector organizations to assist in the identification and recruitment of covered individuals for employment in the Department of Defense.

(2) Identification of statutory, regulatory, and organizational barriers to the development of the program described in subsection (a).

(3) An analysis of monetary and nonmonetary incentives that may be provided to retain covered individuals in positions in the Department.

(4) An analysis of methods that may be implemented to ensure appropriate vetting of covered individuals.

(5) An analysis of the size of a program required to advance the competitiveness of the research, development, test, and evaluation efforts of the Department in the critical technologies identified in the National Defense Strategy.

(6) The type and amount of resources required to implement the program described in subsection (a).

(c) Reports.—

(1) INITIAL REPORT.—Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on the plan of the Secretary to execute the study required under subsection (a).

(2) FINAL REPORT.—Not later than February 1, 2022, the Secretary shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).

(d) Covered individual defined.—In this section, the term “covered individual” means an individual who—

(1) is engaged in work to promote and protect the national security of the United States;

(2) is engaged in basic or applied research, funded by the Department of Defense; and

(3) possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679).

subtitle ESustainable Chemistry

SEC. 261. National coordinating entity for sustainable chemistry.

(a) Establishment.—Not later than 180 days after the date of enactment of this title, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this subtitle as the “Entity”) under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections 263 and 264.

(b) Coordination with existing groups.—In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as—

(1) the Committee on Environment;

(2) the Committee on Technology;

(3) the Committee on Science; or

(4) related groups or subcommittees.

(c) Co-chairs.—The Entity shall be co-chaired by the Director of the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.

(d) Agency participation.—The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate.

(e) Termination.—The Entity shall terminate on the date that is 10 years after the date of the enactment of this Act.

SEC. 262. Strategic plan for sustainable chemistry.

(a) Strategic plan.—Not later than 2 years after the date of the enactment of this subtitle, the Entity shall—

(1) consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of “sustainable chemistry” to guide the activities under this subtitle;

(2) develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry, as described in subsection (b);

(3) assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;

(4) coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;

(5) identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration, and use of sustainable chemistry processes and products;

(6) identify major scientific challenges, roadblocks, and hurdles to transformational progress in improving the sustainability of the chemical sciences; and

(7) review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.

(b) Characterizing and assessing sustainable chemistry.—The Entity shall develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry for the purposes of carrying out this subtitle. In developing this framework, the Entity shall—

(1) seek advice and input from stakeholders as described in subsection (c);

(2) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;

(3) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and

(4) consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.

(c) Consultation.—In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—

(1) business and industry, including trade associations and small- and medium-sized enterprises from across the value chain;

(2) the scientific community, including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia;

(3) the defense community;

(4) State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;

(5) nongovernmental organizations; and

(6) other appropriate organizations.

(d) Report to congress.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Education and Labor, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—

(A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;

(B) a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;

(C) an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;

(D) an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;

(E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and

(F) an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.

(2) SUBMISSION TO GAO.—The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.

(3) ADDITIONAL REPORTS.—The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) every 3 years, commencing after the initial report is submitted until the Entity terminates.

SEC. 263. Agency activities in support of sustainable chemistry.

(a) In general.—The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency.

(b) Activities.—The activities described in subsection (a) shall—

(1) incorporate sustainable chemistry into existing research, development, demonstration, technology transfer, commercialization, education, and training programs, that the agency determines to be relevant, including consideration of—

(A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators, for research and development;

(B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;

(C) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies;

(D) incentive prize competitions and challenges in coordination with such existing Federal agency programs; and

(E) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products;

(2) collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices;

(3) expand the education and training of students at appropriate levels of education, professional scientists and engineers, and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training, including through—

(A) partnerships with industry as described in section 264;

(B) support for the integration of sustainable chemistry principles into chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and

(C) support for integration of sustainable chemistry principles into existing or new professional development opportunities for professionals including teachers, faculty, and individuals involved in laboratory research (product development, materials specification and testing, life cycle analysis, and management);

(4) as relevant to an agency’s programs, examine methods by which the Federal agencies, in collaboration and consultation with the National Institute of Standards and Technology, may facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products;

(5) through programs identified by an agency, support, including through technical assistance, participation, financial support, communications tools, awards, or other forms of support, outreach and dissemination of sustainable chemistry advances such as non-Federal symposia, forums, conferences, and publications in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups;

(6) provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate;

(7) within each agency, develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency; and

(8) incentivize or recognize actions that advance sustainable chemistry products, processes, or initiatives, including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and chemical technologies.

(c) Limitations .—Financial support provided under this section shall—

(1) be available only for pre-competitive activities; and

(2) not be used to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.

SEC. 264. Partnerships in sustainable chemistry.

(a) In general.—The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to—

(1) create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and

(2) train students and retrain professional scientists, engineers, and others involved in materials specification on the use of sustainable chemistry concepts and strategies by methods, including—

(A) developing or recognizing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists, engineers, and others involved in materials specification; and

(B) publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses.

(b) Private sector participation.—To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization.

(c) Selection of partnerships.—In selecting partnerships for support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the strategic plan and report described in section 262.

(d) Prohibited use of funds.—Financial support provided under this section may not be used—

(1) to support or expand a regulatory chemical management program at an implementing agency under a State law;

(2) to construct or renovate a building or structure; or

(3) to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.

SEC. 265. Prioritization.

In carrying out this subtitle, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the highest extent practicable, the goals outlined in the subtitle.

SEC. 266. Rule of construction.

Nothing in this subtitle shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State.

SEC. 267. Major multi-user research facility project.

Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–2) is amended by striking (g)(2) and inserting the following:

“(2) MAJOR MULTI-USER RESEARCH FACILITY PROJECT.—The term ‘major multi-user research facility project’ means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.”.

subtitle FPlans, Reports, and Other Matters

SEC. 271. Modification to annual report of the Director of Operational Test and Evaluation.

Section 139(h)(2) of title 10, United States Code, is amended—

(1) by striking “Engineering,,” and inserting “Engineering,”; and

(2) by striking “, through January 31, 2025” and inserting “, through January 31, 2026”.

SEC. 272. Modification to Test Resource Management Center strategic plan reporting cycle and contents.

(a) Quadrennial strategic plan.—Section 196 of title 10, United States Code, is amended—

(1) in subsections (c)(1)(C) and (e)(2)(B), by inserting “quadrennial” before “strategic plan”; and

(2) in subsection (d)—

(A) in the heading, by inserting “Quadrennial” before “Strategic plan”; and

(B) by inserting “quadrennial” before “strategic plan” each place it occurs.

(b) Timing and coverage of plan.—Subsection (d)(1) of such section, as amended by subsection (a)(2), is further amended, in the first sentence, by striking “two fiscal years” and inserting “four fiscal years, and within one year after release of the National Defense Strategy,”.

(c) Amendment to contents of plan.—Subsection (d)(2)(C) of such section is amended by striking “based on current” and all that follows through the end and inserting “for test and evaluation of the Department of Defense major weapon systems based on current and emerging threats.”.

(d) Annual update to plan.—Subsection (d) of such section is amended by adding at the end the following new paragraph:

“(5) (A) In addition to the quadrennial strategic plan completed under paragraph (1), the Director of the Department of Defense Test Resource Management Center shall also complete an annual update to the quadrennial strategic plan.

“(B) Each annual update completed under subparagraph (A) shall include the following:

“(i) A summary of changes to the assessment provided in the most recent quadrennial strategic plan.

“(ii) Comments and recommendations the Director considers appropriate.

“(iii) Test and evaluation challenges raised since the completion of the most recent quadrennial strategic plan.

“(iv) Actions taken or planned to address such challenges.”.

(e) Technical correction.—Subsection (d)(1) of such, as amended by subsections (a)(2) and (b), is further amended by striking “Test Resources Management Center” and inserting “Test Resource Management Center”.

SEC. 273. Modification of requirements relating to energetics plan to include assessment of feasibility and advisability of establishing a program office for energetics.

Section 253(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1287; Public Law 116–92) is amended—

(1) in paragraph (2), by striking “; and” and inserting a semicolon; and

(2) in paragraph (3), by striking the period and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(4) assesses the feasibility and advisability of establishing a program office—

“(A) to coordinate energetics research; and

“(B) to ensure a robust and sustained energetics material enterprise.”.

SEC. 274. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.

Section 257(b)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1291) is amended by adding at end the following new subparagraph:

“(J) Efforts to work with academic consortia on high priority cybersecurity research activities.”.

SEC. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program.

Section 261 of the National Defense Authorization Act for Fiscal Year 2020 (Public law 116–92; 133 Stat. 1294) is repealed.

SEC. 276. Microelectronics and national security.

Section 231 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—

(1) in subsection (a)—

(A) by inserting “, in collaboration with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary for Research and Engineering, and the Director of the Defense Advanced Research Projects Agency,” after “shall”; and

(B) by striking “September 30, 2019” and inserting “June 1, 2021”;

(2) in subsection (b), by adding at the end the following new paragraphs:

“(10) An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including access to state-of-the-art node sizes through commercial manufacturing, heterogeneous integration, advantaged sensor manufacturing, boutique chip designs, and variable volume production capabilities.

“(11) An assessment of current microelectronics supply chain management best practices, including—

“(A) intellectual property controls;

“(B) international standards;

“(C) guidelines of the National Institute of Standards and Technology;

“(D) product traceability and provenance; and

“(E) location of design, manufacturing, and packaging facilities.

“(12) An assessment of existing risks to the current microelectronics supply chain.

“(13) A description of actions that may be carried out by the defense industrial base to implement best practices described in paragraph (11) and mitigate risks described in paragraph (12).

“(14) A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development.

“(15) An assessment of the feasibility, usefulness, efficacy, and cost of—

“(A) developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and

“(B) incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.

“(16) The development of multiple models of public-private partnerships to execute the strategy, including in-depth analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, that would have the authority and funds to provide grants or approve investment tax credits, or both, to implement the strategy.

“(17) Processes and criteria for competitive selection of commercial companies, including companies headquartered in countries that are allies or partners with the United States, to provide design, foundry and assembly, and packaging services and to build and operate the industrial capabilities associated with such services.

“(18) The role that other Federal agencies should play in organizing and supporting the strategy, including any required direct or indirect funding support, or legislative and regulatory actions, including restricting procurement to domestic sources, and providing antitrust and export control relief.

“(19) All potential funding sources and mechanisms for initial and sustaining investments in microelectronics.

“(20) Such other matters as the Secretary of Defense determines to be relevant.”;

(3) in subsection (d), by striking “September 30, 2019” and inserting “June 1, 2021”;

(4) in subsection (e), by striking “September 30, 2020” and inserting “June 1, 2021”; and

(5) by redeignating subsection (f) as subsection (g);

(6) by inserting after subsection (e) the following new subsection (f):

“(f) Submission.—Not later than June 1, 2021, the Secretary of Defense shall submit the strategy required in subsection (a), along with any views and recommendations and an estimated budget to implement the strategy, to the President, the National Security Council, and the National Economic Council.”.

SEC. 277. Independent evaluation of personal protective and diagnostic testing equipment.

(a) Independent evaluation required.—The Director of Operational Test and Evaluation shall conduct an independent evaluation of whether covered personal protective and diagnostic testing equipment is operationally effective and suitable to satisfy the specific needs and required protection of the workforce of the Department of Defense.

(b) Availability of information.—The Secretary of Defense shall provide the Director of Operational Test and Evaluation with such information as may be necessary for the Director to conduct the evaluations required under subsection (a).

(c) Report to Congress.—Not later than 90 days after the completion of each evaluation under subsection (a), the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the evaluation.

(d) Covered personal protective and diagnostic testing equipment defined.—In this section, the term “covered personal protective and diagnostic testing equipment” means any personal protective equipment or diagnostic testing equipment developed, acquired, or used by the Department of Defense—

(1) in response to COVID–19; or

(2) as part of any follow-on, long-term acquisition and distribution program for such equipment.

SEC. 278. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.

(a) Assessment and comparison required.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security, shall conduct an assessment and direct comparison of capabilities in emerging biotechnologies for national security purposes, including applications in material, manufacturing, and health, between the capabilities of the United States and the capabilities of adversaries of the United States.

(2) ELEMENTS.—The assessment and comparison carried out under paragraph (1) shall include the following:

(A) An evaluation of the quantity, quality, and progress of United States fundamental and applied research for emerging biotechnology initiatives for national security purposes.

(B) An assessment of the resourcing of United States efforts to harness emerging biotechnology capabilities for national security purposes, including the supporting facilities, test infrastructure, and workforce.

(C) An intelligence assessment of adversary emerging biotechnology capabilities and research as well as an assessment of adversary intent and willingness to use emerging biotechnologies for national security purposes.

(D) An assessment of the analytic and operational subject matter expertise necessary to assess rapidly-evolving foreign military developments in biotechnology, and the current state of the workforce in the intelligence community.

(E) Recommendations to improve and accelerate United States capabilities in emerging biotechnologies and the associated intelligence community expertise.

(F) Such other matters as the Secretary considers appropriate.

(b) Report.—

(1) IN GENERAL.—Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on the assessment carried out under subsection (a).

(2) FORM.—The report submitted under paragraph (1) shall be submitted in the following formats—

(A) unclassified form, which may include a classified annex; and

(B) publically releasable form, representing appropriate information from the report under subparagraph (A).

(c) Definition of intelligence community.—In this section, the term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

SEC. 279. Annual reports regarding the SBIR program of the Department of Defense.

(a) Reports required.—Not later than 90 days after the date of the enactment of this Act, and not later than 120 days after the end of each fiscal years 2021, 2022, and 2023, the Secretary of Defense, after consultation with the Secretary of each military department, shall submit to Congress a report that describes the following:

(1) The ways in which the Department of Defense is using incentives under section 9(y)(6)(B) of the Small Business Act (15 U.S.C. 638(y)(6)(B)) to increase the number of Phase II SBIR contracts that lead to technology transition into programs of record or fielded systems.

(2) The extent to which the Department has developed simplified and standardized procedures and model contracts throughout the agency for Phase I, Phase II, and Phase III SBIR awards, as required under section 9(hh)(2)(A)(i) of the Small Business Act (15 U.S.C. 638(hh)(2)(A)(i)).

(3) The extent to which any incentives described in this section and implemented by the Secretary of Defense have resulted in an increased number of Phase II contracts under the SBIR program of the Department of Defense leading to technology transition into programs of record or fielded systems.

(4) The extent to which Phase I, Phase II, and Phase III projects under the SBIR program of the Department align with the modernization priorities of the Department.

(5) Actions taken to ensure that the SBIR program of the Department aligns with the goals of the program, namely—

(A) to stimulate technological innovation;

(B) to meet Federal research and development needs;

(C) to foster and encourage participation in innovation and entrepreneurship by women and socially or economically disadvantaged individuals; and

(D) to increase private-sector commercialization of innovations derived from Federal research and development funding.

(6) Any other action taken, and proposed to be taken, to increase the number of Department Phase II SBIR contracts leading to technology transition into programs of record or fielded systems.

(b) SBIR defined.—In this section, the term “SBIR” has the meaning given the term in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

SEC. 280. Reports on F–35 physiological episodes and mitigation efforts.

(a) Study and report.—

(1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study to determine the underlying causes of physiological episodes affecting crewmembers of F–35 aircraft.

(2) ELEMENTS.—The study under subsection (a) shall include—

(A) an examination of each physiological episode reported by a crewmember of an F–35 aircraft as of the date of the enactment of this Act;

(B) a determination as to the underlying cause of the episode; and

(C) an examination of—

(i) any long-term effects, including potential long-term effects, of the episode; and

(ii) any additional care an affected crewmember may need.

(3) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—

(A) the results the study conducted under subsection (a), including a description of each physiological episode examined under the study and an explanation of the underlying cause of the episode;

(B) a description of any actions that may be taken to address the underlying causes of such episodes, including any resources that may be required to carry out such actions; and

(C) any other findings and recommendations of the study.

(b) Annual reports on mitigation efforts.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059), a detailed description of—

(1) the efforts of the Department of Defense to address physiological episodes affecting crewmembers of F–35 aircraft; and

(2) the funding allocated for such efforts.

SEC. 281. Review and report on next generation air dominance capabilities.

(a) Reviews.—

(1) IN GENERAL.—The Director of Cost Assessment and Program Evaluation shall conduct—

(A) a non-advocate review of the next generation air dominance initiative of the Air Force;

(B) a non-advocate review of the next generation air dominance initiative of the Navy; and

(C) a non-advocate review of the business case analysis developed by the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics regarding the Digital Century Series Aircraft acquisition strategy of the Air Force.

(2) ELEMENTS.— (A) The reviews under paragraphs (1)(A) and (1)(B) shall include an assessment of—

(i) all risks associated with cost, schedule, development, integration, production, fielding, and sustainment of next generation air dominance capabilities;

(ii) the technological maturity of significant hardware and software efforts planned or carried out as part of the development of such capabilities; and

(iii) affordability goals that the Air Force and the Navy (as the case may be) will be required to achieve during development, production, and sustainment activities for such capabilities that will not jeopardize or otherwise be detrimental to other high-priority future capabilities being developed and procured to support and execute other primary core competencies and missions.

(B) The review under paragraph (1)(C) shall include an assessment of—

(i) methods, objectives, risks, ground rules, and assumptions;

(ii) validity, accuracy, and deficiencies in knowledge and data used in support of the analysis;

(iii) financial and nonfinancial business benefits and impacts;

(iv) likelihood of risks to materialize; and

(v) conclusions, recommendations, and any other information the Director believes to be relevant to the review.

(b) Reports.—The Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees—

(1) a report on the results of the review conducted under subsection (a)(1)(A) with respect to the Air Force;

(2) a report on the results of the review conducted under subsection (a)(1)(B) with respect to the Navy; and

(3) a report on the results of the review conducted under subsection (a)(1)(C).

SEC. 282. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program.

Not later than March 1, 2021, the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics shall—

(1) submit to the congressional defense committees an executable plan for the operational test and utility evaluation of systems for the Low-Cost Attributable Aircraft Technology (LCAAT) program of the Air Force; and

(2) provide to the congressional defense committees a briefing on the plan so submitted.

SEC. 283. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related and defense-related fields.

(a) Agreement.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.

(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b) Review.—

(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall carry out a comparative analysis of efforts by China and the United States Government to recruit and retain domestic and foreign researchers and develop recommendations for the Secretary of Defense and the heads of other Federal agencies as appropriate.

(2) ELEMENTS.—The comparative analysis carried out under paragraph (1) and the recommendations developed under such paragraph shall include the following:

(A) A list of the “talent programs” used by China and a list of the incentive programs used by the United States to recruit and retain researchers in fields relating to national security or defense research.

(B) The types of researchers, scientists, other technical experts, and fields targeted by each talent program listed under subparagraph (A).

(C) The number of researchers in academia, the Department of Defense Science and Technology Reinvention Laboratories, and national security science and engineering programs of the National Nuclear Security Administration targeted by the talent programs listed under subparagraph (A).

(D) The number of personnel currently participating in the talent programs listed under subparagraph (A) and the number of researchers currently participating in the incentive programs listed under such subparagraph.

(E) The incentives offered by each of the talent programs listed under subparagraph (A) and a description of the incentives offered through incentive programs under such subparagraph to recruit and retain researchers, scientists, and other technical experts.

(F) A characterization of the national security, economic, and scientific benefits China gains through the talent programs listed under subparagraph (A) and a description of similar gains accrued to the United States through incentive programs listed under such subparagraph.

(G) An assessment of the risks to national security and benefits to the United States of scientific research cooperation between the United States and China, such as that which is performed under the agreement between the United States and the People's Republic of China known as the “Agreement between the Government of the United States of America and the Government of the People's Republic of China on Cooperation in Science and Technology”, signed in Washington on January 31, 1979, successor agreements, and similar agreements, administered by the Secretary of State and the heads of other Federal agencies.

(H) A list of findings and recommendations relating to policies that can be implemented by the United States, especially the Department of Defense and other appropriate Federal agencies, to improve the relative effectiveness of United States activities to recruit and retain researchers, scientists, and other technical experts relative to China.

(c) Report.—

(1) IN GENERAL.—Not later than one year after the date of the execution of an agreement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall—

(A) submit to the congressional defense committees a report on the findings National Academies of Sciences, Engineering, and Medicine with respect to the review carried out under this section and the recommendations developed under this section; and

(B) make available to the public on a publicly accessible website a version of report that is suitable for public viewing.

(2) FORM.—The report submitted under paragraph (1)(A) shall be submitted in unclassified form, but may include a classified annex.

TITLE IIIOperation and Maintenance


Sec. 301. Authorization of appropriations.

Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Sec. 312. Readiness and Environmental Protection Integration Program.

Sec. 313. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.

Sec. 314. Modification of authority for environmental restoration projects of National Guard.

Sec. 315. Modification of authority to carry out military installation resilience projects.

Sec. 316. Energy resilience and energy security measures on military installations.

Sec. 317. Modification to availability of energy cost savings for Department of Defense.

Sec. 318. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations.

Sec. 319. Native American lands environmental mitigation program.

Sec. 320. Study on alternatives to address impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense.

Sec. 321. Pilot program on alternative fuel vehicle purchasing.

Sec. 322. Budgeting of Department of Defense relating to operational energy improvement.

Sec. 323. Assessment of Department of Defense operational energy usage.

Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense.

Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility.

Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center.

Sec. 327. Requirement to update Department of Defense adaptation roadmap.

Sec. 328. Department of Defense report on greenhouse gas emissions levels.

Sec. 329. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.

Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent.

Sec. 331. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam.

Sec. 332. Interagency body on research related to per- and polyfluoroalkyl substances.

Sec. 333. Restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.

Sec. 334. Research and development of alternative to aqueous film-forming foam.

Sec. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.

Sec. 336. Reporting on energy savings performance contracts.

Sec. 337. Increase in funding for Centers for Disease Control Study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.

Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.

Sec. 339. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.

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.

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.

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 AAuthorization of Appropriations

SEC. 301. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

subtitle BEnergy and Environment

SEC. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Section 183a(c) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking “If the Clearinghouse” and inserting “(A) If the Clearinghouse”; and

(B) by adding at the end the following new subparagraph:

“(B) After the Clearinghouse issues a notice under subparagraph (A) with respect to an energy project, the parties should seek to identify feasible and affordable actions that can be taken by the Department, the developer of such energy project, or others to mitigate any adverse impact on military operations and readiness.”;

(2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.”; and

(4) in paragraph (7), as so redesignated, by striking “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.”.

SEC. 312. Readiness and Environmental Protection Integration Program.

(a) Use of funds.—Section 2684a(i) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) Funds obligated to carry out an agreement under this section shall be available for use with regard to any property in the geographic scope specified in the agreement—

“(A) at the time the funds are obligated; and

“(B) in any subsequent modification to the agreement.”.

(b) Clarification of references to eligible entities.—

(1) DEFINITION.—Subsection (b) of section 2684a of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking “An agreement under this section may be entered into with” and inserting “For purposes of this section, an eligible entity is”.

(2) ACQUISITION OF PROPERTY AND INTERESTS.—Subsection (d)(1) of such section is amended by striking “the entity or entities” each place it appears and inserting “an eligible entity or entities”.

(3) RETROACTIVE APPLICATION.—The amendments made by paragraphs (1) and (2) shall apply to any agreement entered into under section 2684a of title 10, United States Code, on or after December 2, 2002.

(c) Facilitating agreements with other Federal agencies to limit encroachments.—Section 2684a(d)(5) of title 10, United States Code, is amended—

(1) in the second sentence of subparagraph (A), by inserting “or another Federal agency” after “to a State” both places it appears; and

(2) by striking subparagraph (B) and inserting the following:

“(B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Secretary concerned reasonable advance notice of its intent. If the Secretary concerned determines it necessary to preserve the purposes of this section, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. If the Secretary concerned does not make such a request within a reasonable time period, all such rights of the Secretary concerned to request transfer of the property or interest shall remain available to the Secretary concerned with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.”.

SEC. 313. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.

Section 325(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “a 12-month period” and inserting “two 12-month periods, including one such period that begins in fiscal year 2021”.

SEC. 314. Modification of authority for environmental restoration projects of National Guard.

(a) In general.—Section 2707(e) of title 10, United States Code, is amended—

(1) by striking “Notwithstanding” and inserting “(1) Notwithstanding”;

(2) by inserting “where military activities are conducted by the National Guard of a State under title 32” after “facility”; and

(3) by adding at the end the following new paragraph:

“(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).”.

(b) Correction of definition of facility.—Paragraph (1) of section 2700 of such title is amended—

(1) in subparagraph (A), by striking “(A) The terms” and inserting “The term”; and

(2) by striking subparagraph (B).

SEC. 315. Modification of authority to carry out military installation resilience projects.

(a) Modification of authority.—Section 2815 of title 10, United States Code is amended—

(1) in subsection (a), by inserting “(except as provided in subsections (d)(3) and (e))” before the period at the end;

(2) in subsection (c), by striking “A project” and inserting “Except as provided in subsection (e)(2), a project”;

(3) by redesignating subsection (d) as subsection (f); and

(4) by inserting after subsection (c) the following new subsections:

“(d) Location of projects.—Projects carried out pursuant to this section may be carried out—

“(1) on a military installation;

“(2) on a facility used by the Department of Defense that is owned and operated by a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, even if the facility is not under the jurisdiction of the Department of Defense, if the Secretary of Defense determines that the facility is subject to significant use by the armed forces for testing or training; or

“(3) outside of a military installation or facility described in paragraph (2) if the Secretary concerned determines that the project would preserve or enhance the resilience of—

“(A) a military installation;

“(B) a facility described in paragraph (2); or

“(C) community infrastructure determined by the Secretary concerned to be necessary to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.

“(e) Alternative funding source.— (1) In carrying out a project under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits a notification to the congressional defense committees of the decision to carry out the project using such amounts and includes in the notification—

“(A) the current estimate of the cost of the project;

“(B) the source of funds for the project; and

“(C) a certification that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.

“(2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.

“(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.”.

(b) Consideration of military installation resilience in agreements and interagency cooperation.—Section 2684a of such title is amended—

(1) in subsection (a)—

(A) in paragraph (2)(B)—

(i) by striking clause (ii); and

(ii) in clause (i)—

(I) by striking “(i)”; and

(II) by striking “; or” and inserting a semicolon;

(B) by redesignating paragraph (3) as paragraph (4); and

(C) by inserting after paragraph (2) the following new paragraph (3):

“(3) maintaining or improving military installation resilience; or”; and

(2) by amending subsection (h) to read as follows:

“(h) Interagency cooperation in conservation and resilience programs to avoid or reduce adverse impacts on military installation resilience and military readiness activities.—In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect the environment, military installation resilience, and military readiness, the recipient of funds provided pursuant to an agreement under this section or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal agency notwithstanding any limitation of such program on the source of matching or cost-sharing funds.”.

SEC. 316. Energy resilience and energy security measures on military installations.

(a) In general.—Subchapter I of chapter 173 of title 10, United States Code, is amended by inserting after section 2919 the following new section:

§ 2920. Energy resilience and energy security measures on military installations

“(a) Energy resilience measures.— (1) The Secretary of Defense shall, by the end of fiscal year 2030, provide that 100 percent of the energy load required to maintain the critical missions of each installation have a minimum level of availability of 99.9 percent per fiscal year.

“(2) The Secretary of Defense shall issue standards establishing levels of availability relative to specific critical missions, with such standards providing a range of not less than 99.9 percent availability per fiscal year and not more than 99.9999 percent availability per fiscal year, depending on the criticality of the mission.

“(3) The Secretary may establish interim goals to take effect prior to fiscal year 2025 to ensure the requirements under this subsection are met.

“(4) The Secretary of each military department and the head of each Defense Agency shall ensure that their organizations meet the requirements of this subsection.

“(b) Planning.— (1) The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to plan for the provision of energy resilience and energy security for installations.

“(2) Planning under paragraph (1) shall—

“(A) promote the use of multiple and diverse sources of energy, with an emphasis favoring energy resources originating on the installation such as modular generation;

“(B) promote installing microgrids to ensure the energy security and energy resilience of critical missions; and

“(C) favor the use of full-time, installed energy sources rather than emergency generation.

“(c) Development of information.—The planning required by subsection (b) shall identify each of the following for each installation:

“(1) The critical missions of the installation.

“(2) The energy requirements of those critical missions.

“(3) The duration that those energy requirements are likely to be needed in the event of a disruption or emergency.

“(4) The current source of energy provided to those critical missions.

“(5) The duration that the currently provided energy would likely be available in the event of a disruption or emergency.

“(6) Any currently available sources of energy that would provide uninterrupted energy to critical missions in the event of a disruption or emergency.

“(7) Alternative sources of energy that could be developed to provide uninterrupted energy to critical missions in the event of a disruption or emergency.

“(d) Testing and measuring.— (1) (A) The Secretary of Defense shall require the Secretary of each military department and head of each Defense Agency to conduct monitoring, measuring, and testing to provide the data necessary to comply with this section.

“(B) Any data provided under subparagraph (A) shall be made available to the Assistant Secretary of Defense for Sustainment upon request.

“(2) (A) The Secretary of Defense shall require that black start exercises be conducted to assess the energy resilience and energy security of installations for periods established to evaluate the ability of the installation to perform critical missions without access to off-installation energy resources.

“(B) A black start exercise conducted under subparagraph (A) may exclude, if technically feasible, housing areas, commissaries, exchanges, and morale, welfare, and recreation facilities.

“(C) The Secretary of Defense shall—

“(i) provide uniform policy for the military departments and the Defense Agencies with respect to conducting black start exercises; and

“(ii) establish a schedule of black start exercises for the military departments and the Defense Agencies, with each military department and Defense Agency scheduled to conduct such an exercise on a number of installations each year sufficient to allow that military department or Defense Agency to meet the goals of this section, but in any event not fewer than five installations each year for each military department through fiscal year 2027.

“(D) (i) Except as provided in clause (ii), the Secretary of each military department shall, notwithstanding any other provision of law, conduct black start exercises in accordance with the schedule provided for in subparagraph (C)(ii), with any such exercise not to last longer than five days.

“(ii) The Secretary of a military department may conduct more black start exercises than those identified in the schedule provided for in subparagraph (C)(ii).

“(e) Contract requirements.—For contracts for energy and utility services, the Secretary of Defense shall—

“(1) specify methods and processes to measure, manage, and verify compliance with subsection (a); and

“(2) ensure that such contracts include requirements appropriate to ensure energy resilience and energy security, including requirements for metering to measure, manage, and verify energy consumption, availability, and reliability consistent with this section and the energy resilience metrics and standards under section 2911(b) of this title.

“(f) Exception.—This section does not apply to fuels used in aircraft, vessels, or motor vehicles.

“(g) Report.—If by the end of fiscal year 2029, the Secretary determines that the Department will be unable to meet the requirements under subsection (a), not later than 90 days after the end of such fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report detailing—

“(1) the projected shortfall;

“(2) reasons for the projected shortfall;

“(3) any statutory, technological, or monetary impediments to achieving such requirements;

“(4) any impact to readiness or ability to meet the national defense posture; and

“(5) any other relevant information as the Secretary considers appropriate.

“(h) Definitions.—In this section:

“(1) The term ‘availability’ means the availability of required energy at a stated instant of time or over a stated period of time for a specific purpose.

“(2) The term ‘black start exercise’ means an exercise in which delivery of energy provided from off an installation is terminated before backup generation assets on the installation are turned on. Such an exercise shall—

“(A) determine the ability of the backup systems to start independently, transfer the load, and carry the load until energy from off the installation is restored;

“(B) align organizations with critical missions to coordinate in meeting critical mission requirements;

“(C) validate mission operation plans, such as continuity of operations plans;

“(D) identify infrastructure interdependencies; and

“(E) verify backup electric power system performance.

“(3) The term ‘critical mission’—

“(A) means those aspects of the missions of an installation, including mission essential operations, that are critical to successful performance of the strategic national defense mission;

“(B) may include operational headquarters facilities, airfields and supporting infrastructure, harbor facilities supporting naval vessels, munitions production and storage facilities, missile fields, radars, satellite control facilities, cyber operations facilities, space launch facilities, operational communications facilities, and biological defense facilities; and

“(C) does not include military housing (including privatized military housing), morale, welfare, and recreation facilities, exchanges, commissaries, or privately owned facilities.

“(4) The term ‘energy’ means electricity, natural gas, steam, chilled water, and heated water.

“(5) The term ‘installation’ has the meaning given the term ‘military installation’ in section 2801(c)(4) of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter I of chapter 173 of such title is amended by inserting after the item relating to section 2919 the following new item:


“2920. Energy resilience and energy security measures on military installations.”.

SEC. 317. Modification to availability of energy cost savings for Department of Defense.

Section 2912(a) of title 10, United States Code, is amended by inserting “and, in the case of operational energy, from both training and operational missions,” after “under section 2913 of this title,”.

SEC. 318. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations.

(a) In general.—Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2712. Reporting on usage and spills of aqueous film-forming foam

“(a) In general.—Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of a usage or spill of greater than 10 gallons of concentrate, or greater than 300 gallons of mixed foam. Each such notice shall include each of the following information:

“(1) The name of the installation where the usage or spill occurred.

“(2) The date on which the usage or spill occurred.

“(3) The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.

“(4) The cause of the usage or spill.

“(5) A summary narrative of the usage or spill.

“(b) Action plan.—Not later than 60 days after submitting notice of a usage or spill under subsection (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an action plan for addressing such usage or spill. The action plan shall include the following:

“(1) A description of what actions have been taken to arrest and clean up a spill.

“(2) A description of any coordination with relevant local and State environmental protection agencies.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2712. Reporting on usage and spills of aqueous film-forming foam.”.

SEC. 319. Native American lands environmental mitigation program.

(a) In general.—Chapter 160 of title 10, United States Code, as amended by section 318(a), is further amended by adding at the end the following new section:

§ 2713. Native American lands environmental mitigation program

“(a) Establishment.—The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and on other locations where the Department, an Indian tribe, and the current land owner agree that such mitigation is appropriate.

“(b) Program activities.—The activities that may be carried out under the program established under subsection (a) are the following:

“(1) Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.

“(2) Development of mitigation options for such environmental effects, including development of cost‐to‐complete estimates and a system for prioritizing mitigation actions.

“(3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.

“(4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.

“(5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.

“(6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.

“(c) Cooperative agreements.— (1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.

“(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.

“(3) A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed two calendar years.

“(d) Definitions.—In this section:

“(1) The term ‘Indian land’ includes—

“(A) any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;

“(B) any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;

“(C) Alaska Native village and regional corporation lands; and

“(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, Act of Congress, or action by the President.

“(2) The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

“(e) Limitation.—Nothing in this section shall be interpreted to require, compel, or otherwise authorize access to any lands without the landowner’s consent.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 160 of such title, as amended by section 318(b), is further amended by inserting after the item relating to section 2712 the following new item:


“2713. Native American lands environmental mitigation program.”.

SEC. 320. Study on alternatives to address impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense.

(a) Study.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator of the Environmental Protection Agency, the Secretary of State, and the United States Commissioner of the International Boundary and Water Commission, shall develop criteria for the selection of project alternatives to address the impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on the personnel, activities, and installations of the Department of Defense.

(b) Elements.—The projects referred to in subsection (b) shall address the short-term, long-term, primary, and secondary impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River and include recommendations to mitigate such impacts.

SEC. 321. Pilot program on alternative fuel vehicle purchasing.

(a) In general.—The Secretary of Defense, in coordination with the Secretary of Energy and the Administrator of the General Services Administration, shall carry out a pilot program under which the Secretary of Defense may, notwithstanding section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative fuel vehicles for which the initial cost of such vehicles exceeds the initial cost of a comparable gasoline or diesel fueled vehicle by not more than 10 percent.

(b) Locations.—

(1) IN GENERAL.—The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than 2 facilities or installations of each military department in the continental United States that—

(A) have the largest total number of attached noncombat vehicles as compared to other facilities or installations of the Department of Defense; and

(B) are located within 20 miles of public or private refueling or recharging stations.

(2) AIR FORCE LOGISTICS CENTER.—One of the facilities or installations selected under paragraph (1) shall be an Air Force Logistics Center.

(c) Alternative fuel vehicle defined.—In this section, the term “alternative fuel vehicle” includes a vehicle that uses—

(1) a fuel or power source described in the first sentence of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or

(2) propane.

SEC. 322. Budgeting of Department of Defense relating to operational energy improvement.

The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code, a dedicated budget line item for fielding operational energy improvements, including such improvements for which funds from the Operational Energy Capability Improvement Fund have been expended to create the operational and business case for broader employment.

SEC. 323. Assessment of Department of Defense operational energy usage.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of Department of Defense operational energy usage, including an agency-wide view and breakdowns of progress by service branch.

(b) Elements.—The assessment required under subsection (a) shall include—

(1) an analysis of the extent to which the Department of Defense developed an integrated operational energy strategy and the extent to which each of the military departments has implemented such strategy;

(2) an analysis of the viability of implementing net zero initiatives within the operational energy enterprise without negatively impacting mission capability;

(3) an analysis of ways to overcome contested logistics challenges such as the tyranny of distance within the United States Indo-Pacific Command, including—

(A) strategies to improve the energy production, storage, and distribution system that enhance logistics supply chain resiliency; and

(B) ways to reduce the demand for resupply to decrease the strain on the logistics supply chain; and

(4) an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments, and recommendations for improving coordination.

(c) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

SEC. 324. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense.

(a) Management of the Operational Energy Capability Improvement Fund.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall exercise authority, direction, and control over the Operational Energy Capability Improvement Fund of the Department of Defense (in this section referred to as the “OECIF”).

(b) Alignment and coordination with related programs.—

(1) REALIGNMENT OF OECIF.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall realign the OECIF under the Assistant Secretary of Defense for Energy, Installations, and Environment, with such realignment to include personnel positions adequate for the mission of the OECIF.

(2) BETTER COORDINATION WITH RELATED PROGRAMS.—The Assistant Secretary shall ensure that the placement under the authority of the Assistant Secretary of the OECIF along with the Strategic Environmental Research Program, the Environmental Security Technology Certification Program, and the Operational Energy Prototyping Program is utilized to advance common goals of the Department, promote organizational synergies, and avoid unnecessary duplication of effort.

(c) Program for operational energy prototyping.—

(1) IN GENERAL.—Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall carry out a program for the demonstration of technologies related to operational energy prototyping, including demonstration of operational energy technology and validation prototyping.

(2) OPERATION OF PROGRAM.—The Secretary shall ensure that the program under paragraph (1) operates in conjunction with the OECIF to promote the transfer of innovative technologies that have successfully established proof of concept for use in production or in the field.

(3) PROGRAM ELEMENTS.—In carrying out the program under paragraph (1) the Secretary shall—

(A) identify and demonstrate the most promising, innovative, and cost-effective technologies and methods that address high-priority operational energy requirements of the Department of Defense;

(B) in conducting demonstrations under subparagraph (A)—

(i) collect cost and performance data to overcome barriers against employing an innovative technology because of concerns regarding technical or programmatic risk; and

(ii) ensure that components of the Department have time to establish new requirements where necessary and plan, program, and budget for technology transition to programs of record;

(C) utilize project structures similar to those of the OECIF to ensure transparency and accountability throughout the efforts conducted under the program; and

(D) give priority, in conjunction with the OECIF, to the development and fielding of clean technologies that reduce reliance on fossil fuels.

(4) TOOL FOR ACCOUNTABILITY AND TRANSITION.—

(A) IN GENERAL.—In carrying out the program under paragraph (1) the Secretary shall develop and utilize a tool to track relevant investments in operational energy from applied research to transition to use to ensure user organizations have the full picture of technology maturation and development.

(B) TRANSITION.—The tool developed and utilized under subparagraph (A) shall be designed to overcome transition challenges with rigorous and well-documented demonstrations that provide the information needed by all stakeholders for acceptance of the technology.

(5) LOCATIONS.—

(A) IN GENERAL.—The Secretary shall carry out the testing and evaluation phase of the program under paragraph (1) at installations of the Department of Defense or in conjunction with exercises conducted by the Joint Staff, a combatant command, or a military department.

(B) FORMAL DEMONSTRATIONS.—The Secretary shall carry out any formal demonstrations under the program under paragraph (1) at installations of the Department or in operational settings to document and validate improved warfighting performance and cost savings.

SEC. 325. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility.

(a) Reviews.—

(1) REVIEWS REQUIRED.—At least once every 5 years, concurrently with the Department of the Navy’s Tank Upgrade Alternative (TUA) decision review, the Secretary of the Navy shall conduct a review of available technologies relating to the containment of fuel to determine whether any such technology may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility, Hawaii.

(2) DEADLINE FOR INITIAL REVIEW.—The Secretary shall conduct the first review under paragraph (1) concurrent with the first TUA decision review conducted after the date of the enactment of this Act.

(b) Briefings.—Not later than 60 days after the date on which a review conducted under subsection (a) is completed, the Secretary shall provide to the congressional defense committees a briefing on—

(1) any technology identified in such review that the Secretary determines may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility; and

(2) the feasibility and cost of implementing any such technology at the Red Hill Bulk Fuel Storage Facility.

(c) Termination.—The requirements to conduct reviews under subsection (a) and provide briefings under subsection (b) shall terminate on the date on which the Red Hill Bulk Fuel Storage Facility ceases operation, as determined by the Secretary of the Navy.

SEC. 326. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be used to enter into a contract for the acquisition of furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter referred to as the “Medical Center”) before the date on which Secretary of Defense submits to the congressional defense committees a written certification that the Medical Center does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy.

SEC. 327. Requirement to update Department of Defense adaptation roadmap.

(a) In general.—Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an update to the Department of Defense 2014 Adaptation Roadmap. Such update shall include an outline of the strategy and implementation plan of the Department to address the current and foreseeable effects of extreme weather and sea level fluctuations on the mission of the Department of Defense.

(b) Elements of strategy and implementation plan.—The strategy and implementation plan required to be included in the update under subsection (a) shall include—

(1) a description of the overarching approach of the Department to extreme weather, sea level fluctuations, and associated mitigation measures; and

(2) a discussion of the current and foreseeable effects of extreme weather and seal level fluctuations on—

(A) plans and operations, including—

(i) military readiness;

(ii) increased frequency, if any, of extreme weather events, including flooding, drought, desertification, wildfires, thawing permafrost, hurricanes, and extreme heat;

(iii) geopolitical instability, if any, caused by climate events, including extreme weather;

(iv) increased demand, if any for Defense Support for Civil Authorities and disaster or humanitarian relief operations;

(v) the operating environment of the Arctic and of the strategic and geopolitical implications of an ice-free Arctic Ocean; and

(vi) alteration or limitation on operation environments;

(B) training and testing, including—

(i) changes in land carrying capacity;

(ii) increased maintenance and repair requirements for equipment and infrastructure;

(iii) mitigation of heat stress and heat-related illnesses resulting from increasing temperatures;

(iv) increased dust generation and fire hazards; and

(v) maintaining testing and training capacity to support increased operations and civil support missions;

(C) built and natural infrastructure, including—

(i) military installation resilience, as such term is defined in section 101(e)(8) of title 10, United States Code, of installations both within and outside the United States and its possessions and territories and of the State-owned National Guard installations of the several States;

(ii) resilience of the air and sea ports of our allies and partners that are critical to the training, deployment, and operations of the Armed Forces of the United States and its allies and partners;

(iii) resilience of the deployment system and structure of the Department of Defense and of the United States, including the strategic highway network, the strategic rail network, and designated strategic air and sea ports;

(iv) best practices for modeling and mitigating risks posed to military installations by increased inundation, erosion, flood, wind, and fire damage;

(v) changing energy demand at military installations to include heating and cooling, particularly in communities experiencing grid stress;

(vi) disruption and competition for reliable energy and water resources;

(vii) increased maintenance and sustainment costs;

(viii) damage to natural and constructed infrastructure from thawing permafrost and sea ice; and

(ix) the effects of extreme weather and sea level fluctuations on community support infrastructure, including roads, transportation hubs, and medical facilities;

(D) acquisition and supply chain, including—

(i) measures to ensure that the current and projected future scale and impacts of extreme weather and sea level fluctuations are fully considered in the research, development, testing, and acquisition of major weapon systems and of associated supplies and equipment;

(ii) required alterations of stockpiles;

(iii) reduced or changed availability and access to materials, equipment, and supplies, including water and food sources;

(iv) disruptions in fuel availability and distribution;

(v) estimated investments required to address foreseeable costs incurred or influenced by extreme weather and sea level fluctuations for each of the lines of effort in this report, to include extreme weather response, over the next 5, 10, and 20 years, with topline estimates and a qualitative discussion of cost drivers for each; and

(vi) equipment and infrastructure investments required to address a changing Arctic environment; and

(E) such other matters as the Secretary determines appropriate; and

(c) Assessments and projections.—In preparing the update as required under subsection (a), the Secretary shall consider—

(1) climate projections from the Global Change Research Office, National Climate Assessment, the National Oceanic and Atmospheric Administration, and other Federal agencies; and

(2) data on, and analysis of, the national security effects of climate prepared by the Climate Security Advisory Council of the Office of the Director of National Intelligence established pursuant to section 120 of the National Security Act of 1947 (50 U.S.C. 3060) and by other elements of the intelligence community.

(d) Form.—The update to the adaptation roadmap required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. If the Secretary determines that the inclusion of a classified annex is necessary, the Secretary shall conduct an in-person briefing for Members of the Committees on Armed Services of the Senate and House of Representatives by not later than 90 days after the date of the submission of the update.

SEC. 328. Department of Defense report on greenhouse gas emissions levels.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives and to the Comptroller General a report on the total level of greenhouse gas emissions for each of the last 10 fiscal years. Such emissions levels shall include the agency-wide total, breakdowns by military department, and delineations between installation and operational emissions.

(b) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

SEC. 329. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.

(a) In general.—To ensure opportunities for Department of Defense participation in wildlife conservation banking programs pursuant to section 2694c of title 10, United States Code, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall issue regulations of general applicability establishing objectives, measurable performance standards, and criteria for use, consistent with the Endangered Species Act (16 U.S.C. 1531 et seq.), for mitigation banking offsetting effects on a species, or habitat of such species, that is endangered, threatened, a candidate for listing, or otherwise at risk under such Act. To the maximum extent practicable, the regulatory standards and criteria shall maximize available credits and opportunities for mitigation, provide flexibility for characteristics of various species, and apply equivalent standards and criteria to all mitigation banks.

(b) Deadline for regulations.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall publish an advance notice of proposed rulemaking for the regulations required by subsection (a) by not later than 1 year after the date of the enactment of this Act.

SEC. 330. Prizes for development of non-PFAS-containing fire-fighting agent.

(a) Authority.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Sustainment and the Strategic Environmental Research and Development Program, may carry out a program to award cash prizes and other types of prizes that the Secretary determines are appropriate to recognize outstanding achievements in the development of a non-PFAS-containing fire-fighting agent to replace aqueous film-forming foam with the potential for application to the performance of the military missions of the Department of Defense.

(b) Competition requirements.—A program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes. The process shall include the widely-advertised solicitation of submissions of research results, technology developments, and prototypes.

(c) Limitations.—The following limitations shall apply to a program under subsection (a):

(1) No prize competition may result in the award of a prize with a fair market value of more than $5,000,000.

(2) No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Assistant Secretary of Defense for Sustainment.

(3) No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 without the approval of the Assistant Secretary of Defense for Sustainment.

(d) Relationship to other authority.—A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Department of Defense.

(e) Use of prize authority.—Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.

(f) PFAS defined.—In this section, the term “PFAS” means—

(1) man-made chemicals of which all of the carbon atoms are fully fluorinated carbon atoms; and

(2) man-made chemicals containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(g) Termination.—The authority to carry out a program under this section shall terminate on October 1, 2024.

SEC. 331. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam.

(a) Survey of technologies.—The Secretary of Defense shall conduct a survey of relevant technologies, other than fire-fighting agent solutions, to determine whether any such technologies are available and can be adapted for use by the Department of Defense to facilitate the phase-out of fluorinated aqueous film-forming foam. The technologies surveyed under this subsection shall include hangar flooring systems, fire-fighting agent delivery systems, containment systems, and other relevant technologies the Secretary determines appropriate.

(b) Briefing.—Not later than 1 year after the date of enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the results of the survey conducted under subsection (a). The briefing shall include—

(1) a description of the technologies included in the survey;

(2) a list of the technologies that were considered for further testing or analysis; and

(3) any technologies that are undergoing additional analysis for possible application within the Department.

SEC. 332. Interagency body on research related to per- and polyfluoroalkyl substances.

(a) Establishment.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish, or designate, an interagency working group to coordinate Federal activities related to PFAS research and development.

(b) Agency participation.—The interagency working group shall include a representative of each of—

(1) the Environmental Protection Agency;

(2) the National Institute of Environmental Health Sciences;

(3) the Agency for Toxic Substances and Disease Registry;

(4) the National Science Foundation;

(5) the Department of Defense;

(6) the National Institutes of Health;

(7) the National Institute of Standards and Technology;

(8) the National Oceanic and Atmospheric Administration;

(9) the Department of the Interior;

(10) the Department of Transportation;

(11) the Department of Homeland Security;

(12) the National Aeronautics and Space Administration;

(13) the National Toxicology Program;

(14) the Department of Agriculture;

(15) the Geological Survey;

(16) the Department of Commerce;

(17) the Department of Energy;

(18) the Office of Information and Regulatory Affairs;

(19) the Office of Management and Budget; and

(20) any such other Federal department or agency as the Director of the Office of Science and Technology Policy considers appropriate.

(c) Co-chairs.—The Interagency working group shall be co-chaired by the Director of the Office of Science and Technology Policy and, on a biannual rotating basis, a representative from a member agency, as selected by the Director of the Office of Science and Technology Policy.

(d) Responsibilities of the working group.—The interagency working group established under subsection (a) shall—

(1) provide for interagency coordination of federally funded PFAS research and development; and

(2) not later than 12 months after the date of enactment of this Act, develop and make publicly available a strategic plan for Federal support for PFAS research and development (to be updated not less frequently than once every three years) that—

(A) identifies all current federally funded PFAS research and development, including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;

(B) identifies all federally funded PFAS research and development having taken place in the last three years, excluding the research listed under subparagraph (A), including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;

(C) identifies scientific and technological challenges that must be addressed to understand and to significantly reduce the environmental and human health impacts of PFAS and to identify cost-effective—

(i) alternatives to PFAS that are designed to be safer and more environmentally friendly;

(ii) methods for removal of PFAS from the environment; and

(iii) methods to safely destroy or degrade PFAS;

(D) establishes goals, priorities, and metrics for federally funded PFAS research and development that takes into account the current state of research and development identified in subparagraph (A) and the challenges identified in subparagraph (C); and

(E) an implementation plan for Federal agencies and, for each update to the strategic plan under this paragraph, a description of how Federal agencies have been following the implementation plan.

(e) Consultation.—In developing the strategic plan under subsection (d)(2), the interagency working group shall consult with States, tribes, territories, local governments, appropriate industries, academic institutions and nongovernmental organizations with expertise in PFAS research and development, treatment, management, and alternative development.

(f) Sunset.—The strategic plan requirement described under section (d)(2) shall cease on the date that is 20 years after the initial strategic plan is developed.

(g) Definitions.—In this section:

(1) PFAS.—The term “PFAS” means—

(A) man-made chemicals of which all of the carbon atoms are fully fluorinated carbon atoms; and

(B) man-made chemicals containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(2) PFAS RESEARCH AND DEVELOPMENT DEFINED.—The term “PFAS research and development” includes any research or project that has the goal of accomplishing the following:

(A) The removal of PFAS from the environment.

(B) The safe destruction or degradation of PFAS.

(C) The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS.

(D) The understanding of sources of environmental PFAS contamination and pathways to exposure for the public.

(E) The understanding of the toxicity of PFAS to humans and animals.

SEC. 333. Restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.

(a) Prohibition.—The Department of Defense may not procure any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA).

(b) Definitions.—In this section, the term “covered item” means—

(1) nonstick cookware or cooking utensils for use in galleys or dining facilities; and

(2) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.

(c) Effective date.—This section shall take effect on April 1, 2023.

SEC. 334. Research and development of alternative to aqueous film-forming foam.

(a) In general.—The Secretary of Defense, acting through the National Institute of Standards and Technology and in consultation with appropriate stakeholders and manufactures, research institutions, and other Federal agencies shall award grants and carry out other activities to—

(1) promote and advance the research and development of additional alternatives to aqueous film-forming foam (in this section referred to as “AFFF”) containing per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) to facilitate the development of a military specification and subsequent fielding of a PFAS-free fire-fighting foam;

(2) advance the use of green and sustainable chemistry for a fluorine-free alternative to AFFF;

(3) increase opportunities for sharing best practices within the research and development sector with respect to AFFF;

(4) assist in the testing of potential alternatives to AFFF; and

(5) provide guidelines on priorities with respect to an alternative to AFFF.

(b) Additional requirements.—In carrying out the program required under subsection (a), the Secretary shall—

(1) take into consideration the different uses of AFFF and the priorities of the Department of Defense in finding an alternative;

(2) prioritize green and sustainable chemicals that do not pose a threat to public health or the environment; and

(3) use and leverage research from existing Department of Defense programs.

(c) Report.—The Secretary shall submit to Congress a report on—

(1) the priorities and actions taken with respect to finding an alternative to AFFF and the implementation of such priorities; and

(2) any alternatives the Secretary has denied, and the reason for any such denial.

(d) Use of funds.—This section shall be carried out using amounts authorized to be available for the Strategic Environmental Research and Development Program.

SEC. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.

(a) Notification required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection (b) to any agricultural operation located within one mile down gradient of a military installation or National Guard facility where covered PFAS—

(1) has been detected in groundwater;

(2) has been hydrologically linked to a local agricultural or drinking water source, including a water well; and

(3) is suspected to be, or known to be, the result of the use of PFAS at an installation of the Department of Defense located in the United States or State-owned facility of the National Guard.

(b) Notification requirements.—The notification required under subsection (a) shall include the following information:

(1) The name of the Department of Defense installation or National Guard facility from which the covered PFAS in groundwater originated.

(2) The specific covered PFAS detected in groundwater.

(3) The levels of the covered PFAS detected.

(4) Relevant governmental information regarding the health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater, livestock, food commodities and drinking water, and any known restrictions for sale of agricultural products that have been irrigated or watered with water containing PFAS.

(c) Additional testing results.—The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving validated test results.

(d) Report to Congress.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report—

(1) the approximate locations of such operations relative to installations of the Department of Defense located in the United States and State-owned facilities of the National Guard;

(2) the covered PFAS detected in groundwater; and

(3) the levels of covered PFAS detected.

(e) Definitions.—In this section:

(1) The term “covered PFAS” means each of the following:

(A) Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOS.

(B) Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOA.

(C) Perfluorobutanesulfonic acid (commonly referred to as “PFBS”) (Chemical Abstracts Service No. 375–73–5) detected in groundwater above 40 parts per billion.

(2) The term “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.

SEC. 336. Reporting on energy savings performance contracts.

(a) In general.—Section 2925(a) of title 10, United States Code, is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new paragraph:

“(7) A description of the use of energy savings performance contracts (in this paragraph referred to as ‘ESPCs’) by the Department of Defense, including—

“(A) the total investment value of the total number of ESPCs per service for the previous five fiscal years;

“(B) the location of facilities with ESPCs for the previous five fiscal years;

“(C) any limitations on expanding ESPCs throughout the Department of Defense;

“(D) the effect ESPCs have on military readiness; and

“(E) any additional information the Secretary determines relevant.”.

(b) Applicability.—The reporting requirement under paragraph (7) of section 2925(a) of title 10, United States Code, as added by subsection (a) of this section, applies to reports submitted under such section 2925 for fiscal year 2021 and thereafter.

SEC. 337. Increase in funding for Centers for Disease Control Study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.

Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350) is amended by striking “$10,000,000” and inserting “$15,000,000”.

SEC. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.

(a) Short title.—This section may be cited as the “Guaranteeing Equipment Safety for Firefighters Act of 2020”.

(b) National Institute of Standards and Technology study on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters.—

(1) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, subject to availability of appropriations, in consultation with the Director of the National Institute for Occupational Safety and Health, complete a study of the contents and composition of new and unused personal protective equipment worn by firefighters.

(2) CONTENTS OF STUDY.—In carrying out the study required by paragraph (1), the Director of the National Institute of Standards and Technology shall examine—

(A) the identity, prevalence, and concentration of per- and polyfluoroalkyl substances (commonly known as “PFAS”) in the personal protective equipment worn by firefighters;

(B) the conditions and extent to which per- and polyfluoroalkyl substances are released into the environment over time from the degradation of personal protective equipment from normal use by firefighters; and

(C) the relative risk of exposure to per- and polyfluoroalkyl substances faced by firefighters from—

(i) their use of personal protective equipment; and

(ii) degradation of personal protective equipment from normal use by firefighters.

(3) REPORTS.—

(A) PROGRESS REPORTS.—Not less frequently than once each year for the duration of the study conducted under paragraph (1), the Director shall submit to Congress a report on the progress of the Director in conducting such study.

(B) FINAL REPORT.—Not later than 90 days after the date on which the Director completes the study required by paragraph (1), the Director shall submit to Congress a report describing—

(i) the findings of the Director with respect to the study; and

(ii) recommendations on what additional research or technical improvements to personal protective equipment materials or components should be pursued to avoid unnecessary occupational exposure among firefighters to per- and polyfluoroalkyl substances through personal protective equipment.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $2,500,000 for each of fiscal years 2021 and 2022.

(c) Research on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters.—

(1) IN GENERAL.—Not later than 180 days after the date of the submittal of the report required by subsection (b)(3)(B), the Director of the National Institute of Standards and Technology shall, subject to the availability of appropriations—

(A) issue a solicitation for research proposals to carry out the research recommendations identified in the report submitted under subsection (b)(3)(B); and

(B) award grants to applicants that submit research proposals to develop safe alternatives to per- and polyfluoroalkyl substances in personal protective equipment.

(2) CRITERIA.—The Director shall select research proposals to receive a grant under paragraph (1) on the basis of merit, using criteria identified by the Director, including the likelihood that the research results will address the findings of the Director with respect to the study conducted under subsection (b)(1).

(3) ELIGIBLE ENTITIES.—Any entity or group of 2 or more entities may submit to the Director a research proposal in response to the solicitation for research proposals under paragraph (1), including—

(A) State and local agencies;

(B) public institutions, including public institutions of higher education;

(C) private corporations; and

(D) nonprofit organizations.

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for fiscal year 2023, $5,000,000 for fiscal year 2024, and $5,000,000 for fiscal year 2025 to carry out this section.

(d) Authority for Director of the National Institute of Standards and Technology to consult with experts on matters relating to per- and polyfluoroalkyl substances.—In carrying out this section, the Director of the National Institute of Standards and Technology may consult with Federal agencies, nongovernmental organizations, State and local governments, and science and research institutions determined by the Director to have scientific or material interest in reducing unnecessary occupational exposure to per- and polyfluoroalkyl substances by firefighters.

SEC. 339. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.

(a) Assessment of programs.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Director of the Defense Logistics Agency, jointly with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall assess the Firefighter Property Program (FFP) and the Federal Excess Personal Property Program (FEPP) implementation and best practices, taking into account community need and risk, including whether a community is an at-risk community (as defined in section 101(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).

(2) COLLABORATION.—In carrying out the assessment required under paragraph (1), the Secretary of Defense, acting through the Director of the Defense Logistics Agency, and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall consult with State foresters and participants in the programs described in such paragraph.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, jointly with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall submit to the Committee on Armed Services and the Committee on Agriculture of the House of Representatives and the Committee on Armed Services and the Committee on Agriculture, Forestry, and Nutrition of the Senate a report on the assessment required under paragraph (1) of subsection (a) and any findings and recommendations with respect to the programs described in such paragraph.

subtitle CLogistics 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:

§ 118a. National Defense Sustainment and Logistics Review

“(a) Review required.—Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.

“(b) Report to Congress.— (1) Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under section 113(g) of this title, the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Each such report shall include each of the following:

“(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of forces to meet steady state and contingency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment.

“(B) An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements.

“(C) An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements.

“(D) An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to store, transport, and distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.

“(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.

“(F) An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.

“(G) An assessment of the condition, capacity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and outside the continental United States, including agreements with and infrastructure provided by international partners, required to generate, project, and sustain military forces to meet steady-state and contingency requirements.

“(H) An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.

“(I) An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.

“(J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.

“(K) An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of the logistics constraints and restraints to operations identified through such wargames.

“(L) An assessment of the ability of the Department of Defense, the Armed Forces, and the combatant commands to leverage and integrate emergent logistics related technologies and advanced computing systems.

“(M) Such other matters the Secretary of Defense considers appropriate.

“(2) In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff.

“(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.

“(c) Comptroller general review.—Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:

“(1) Whether the report includes each of the elements referred to in subsection (b).

“(2) The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.

“(3) Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.

“(d) Relationship to budget.—Nothing in this section shall be construed to affect section 1105(a) of title 31.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item:


“118a. National Defense Sustainment and Logistics Review.”.

(c) Deadline for submittal of first report.—Notwithstanding the deadline in subsection (b)(1) of section 118a of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit the first report under such section not later than the date that is 18 months after the date of the enactment of this Act, unless a new National Defense Strategy is released prior to such date.

SEC. 342. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet.

Section 9515 of title 10, United States Code, is amended by striking subsection (k).

SEC. 343. Additional elements for inclusion in Navy ship depot maintenance budget report.

Section 363(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new paragraphs:

“(6) The execution of the planned schedule, categorized by class of ship, for each of the three preceding fiscal years, including—

“(A) the actual contract award compared to the milestone;

“(B) the planned completion date compared to the actual completion date; and

“(C) each regional maintenance center’s availability schedule performance for on-time availability completion.

“(7) In accordance with the findings of the Government Accountability Office (GAO 20–370)—

“(A) in 2021, an analysis plan for the evaluation of pilot program availabilities funded by the Other Procurement, Navy account; and

“(B) in 2022, a report on the Navy’s progress implementing such analysis plan.”.

SEC. 344. Clarification of limitation on length of overseas forward deployment of currently deployed naval vessels.

Section 323(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amended by striking “In the case of any naval vessel” and inserting “In the case of any aircraft carrier, amphibious ship, cruiser, destroyer, frigate, or littoral combat ship”.

SEC. 345. Independent advisory panel on weapon system sustainment.

(a) Establishment.—The Secretary of Defense shall establish an independent advisory panel (in this section referred to as the “panel”) on the weapon system sustainment ecosystem. The National Defense University and the Defense Acquisition University shall sponsor the panel, including by providing administrative support.

(b) Membership.—

(1) COMPOSITION.—The panel shall be comprised of nine members, of whom—

(A) five shall be appointed by the Secretary of Defense;

(B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;

(C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;

(D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and

(E) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.

(2) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in public and private-sector acquisition, sustainment, and logistics policy in aviation, ground, maritime systems, and space systems and their related components.

(3) APPOINTMENT DATE.—The appointment of the members of the panel shall be made not later than 120 days after the date of the enactment of this Act.

(c) Duties.—The panel shall—

(1) review the weapon system sustainment ecosystem from development, production, and sustainment of the weapon system through use in the field, depot and field-level maintenance, modification, and disposal with a goal of—

(A) maximizing the availability and mission capabilities of weapon systems;

(B) reducing overall life-cycle costs of weapon systems during fielding, operation and sustainment; and

(C) aligning weapon system sustainment functions to the most recent national defense strategy submitted pursuant to section 113 of title 10, United States Code; and

(2) using information from the review of the weapon system sustainment ecosystem, make recommendations related to statutory, regulatory, policy, or operational best practices the panel considers necessary.

(d) Report.—

(1) INTERIM REPORT.—Not later than 1 year after the date on which all members of the panel have been appointed, the panel shall provide to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim findings and recommendations of the panel.

(2) FINAL REPORT.—Not later than 2 years after the date on which all members of the panel have been appointed, the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report setting forth a detailed statement of the findings and conclusions of the panel as a result of the review described in subsection (c), together with such recommendations related to statutory, regulatory, policy, or operational practices as the panel considers appropriate in light of the results of the review.

(e) Administrative matters.—

(1) IN GENERAL.—The Secretary of Defense shall provide the panel with timely access to appropriate information, data, resources, analysis, and logistics support so that the panel may conduct a thorough and independent assessment as required under this section.

(2) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If any member has not been appointed by the date specified in subsection (b)(3), the authority to appoint such member under subsection (b)(1) shall expire, and the number of members of the panel shall be reduced by the number equal to the number of appointments so not made.

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members of the panel shall be appointed for the duration of the panel. Any vacancy in the panel shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4) CHAIR.—The panel shall select a Chair from among its members. The Chair may not be a Federal officer or employee.

(f) Termination.—The panel shall terminate 90 days after the date on which the panel submits the report required under subsection (d)(2).

SEC. 346. Biannual briefings on status of Shipyard Infrastructure Optimization Plan.

(a) Briefings required.—During the period beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of the Navy shall provide to the congressional defense committees biannual briefings on the status of the Shipyard Infrastructure Optimization Plan.

(b) Elements of briefings.—Each briefing under subsection (a) shall include a discussion of the status of each of the following elements:

(1) A master plan for infrastructure development, including projected military construction and capital equipment projects.

(2) A planning and design update for military construction, minor military construction, and facility sustainment projects over the subsequent five-year period.

(3) A human capital management and development plan.

(4) A workload management plan that includes synchronization requirements for each shipyard and ship class.

(5) Performance metrics and an assessment plan.

(6) A funding and authority plan that includes funding lines across the future years defense program.

(7) A listing of equipment from Federal Supply Classes 3411 (Boring Machines), 3416 (Lathes) and 3441 (Bending and Forming Machines) that has been unserviceable for over 30 consecutive days, including, for each such piece of equipment—

(A) the reason for the delayed repair;

(B) the availability of technical representatives from the manufacturer to provide assistance in diagnosing and repairing the discrepancy; and

(C) the estimated time to repair.

SEC. 347. Materiel readiness metrics and objectives for major weapon systems.

(a) In general.—Section 118 of title 10, United States Code, is amended—

(1) by amending the section heading to read as follows: “Materiel readiness metrics and objectives for major weapon systems”;

(2) by striking “Not later than five days” and inserting the following:

“(d) Budget justification.—Not later than five days”;

(3) by inserting before subsection (d) (as designated by paragraph (2)) the following new subsections:

“(a) Materiel readiness metrics.—Each head of an element of the Department specified in paragraphs (1) through (10) of section 111(b) of this title shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out—

“(1) the strategic framework required by section 113(g)(1)(B)(vii) of this title; and

“(2) guidance issued by the Secretary of Defense pursuant to section 113(g)(1)(B) of this title.

“(b) Required metrics.—At a minimum, the materiel readiness metrics required by subsection (a) shall address the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.

“(c) Materiel readiness objectives.— (1) Not later than one year after the date of the enactment of this subsection, each head of an element described in subsection (a) shall establish the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).

“(2) Annually, each head of an element described in subsection (a) shall review and revise the metrics required by subsection (b) and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.”;

(4) in subsection (d) (as designated by paragraph (2))—

(A) in paragraph (1)—

(i) by striking “materiel reliability, and mean down time metrics for each major weapons system” and inserting “operational availability, and materiel reliability for each major weapon system”; and

(ii) by inserting “and” at the end;

(B) in paragraph (2), by striking “; and” and inserting a period at the end; and

(C) by striking paragraph (3); and

(5) by adding at the end the following new subsection:

“(e) Definitions.—In this section:

“(1) The term ‘major weapon system’ has the meaning given in section 2379(f) of this title.

“(2) The term ‘materiel availability’ means a measure of the percentage of the total inventory of a major weapon system that is operationally capable of performing an assigned mission.

“(3) The term ‘materiel reliability’ means the probability that a major weapon system will perform without failure over a specified interval.

“(4) The term ‘operational availability’ means a measure of the percentage of time a major weapon system is operationally capable.

“(5) The term ‘operationally capable’ means a materiel condition indicating that a major weapon system is capable of performing its assigned mission and has no discrepancies with a subsystem of a major weapon system.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking the item relating to section 118 and inserting the following new item:


“118. Materiel readiness metrics and objectives for major defense acquisition programs.”.

SEC. 348. Repeal of statutory requirement for notification to Director of Defense Logistics Agency three years prior to implementing changes to any uniform or uniform component.

Section 356 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 771 note prec.) is amended—

(1) by striking subsection (a);

(2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and

(3) in subsections (a) and (b), as so redesignated, by striking “Commander” each place it appears and inserting “Director”.

subtitle DMunitions 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.