S.4049 - National Defense Authorization Act for Fiscal Year 2021116th Congress (2019-2020)
Bill
Hide Overview| Sponsor: | Sen. Inhofe, James M. [R-OK] (Introduced 06/23/2020) |
|---|---|
| Committees: | Senate - Armed Services |
| Committee Reports: | S. Rept. 116-236 |
| Latest Action: | House - 08/07/2020 Held at the desk. (All Actions) |
| Roll Call Votes: | There have been 12 roll call votes |
Tracker:
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Introduced
- Passed Senate
Subject — Policy Area:
- Armed Forces and National Security
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Text: S.4049 — 116th Congress (2019-2020)All Information (Except Text)
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Engrossed in Senate (07/23/2020)
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4049 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 4049
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
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 ``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 six 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--Additional Provisions.
(6) Division F--Intelligence Authorization Act for Fiscal
Year 2021.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Integrated air and missile defense assessment.
Sec. 112. Report and limitation on Integrated Visual Augmentation
System acquisition.
Sec. 113. Modifications to requirement for an interim cruise missile
defense capability.
Subtitle C--Navy Programs
Sec. 121. Contract authority for Columbia-class submarine program.
Sec. 122. Limitation on Navy medium and large unmanned surface vessels.
Sec. 123. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Fighter force structure acquisition strategy.
Sec. 126. Treatment of systems added by Congress in future President's
budget requests.
Sec. 127. Report on carrier wing composition.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic
superiority.
Subtitle D--Air Force Programs
Sec. 141. Economic order quantity contracting authority for F-35 joint
strike fighter program.
Sec. 142. Minimum aircraft levels for major mission areas.
Sec. 143. Minimum operational squadron level.
Sec. 144. Minimum Air Force bomber aircraft level.
Sec. 145. F-35 gun system.
Sec. 146. Prohibition on funding for Close Air Support Integration
Group.
Sec. 147. Limitation on divestment of KC-10 and KC-135 aircraft.
Sec. 148. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 149. Limitation on divestment of F-15C aircraft in the European
theater.
Sec. 150. Air base defense development and acquisition strategy.
Sec. 151. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 152. Analysis of requirements and Advanced Battle Management
System capabilities.
Sec. 153. Studies on measures to assess cost-per-effect for key mission
areas.
Sec. 154. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft
Technology program.
Sec. 155. Prohibition on retirement or divestment of A-10 aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army,
and Air Force: annual plan and
certification.
Sec. 172. Authority to use F-35 aircraft withheld from delivery to
Government of Turkey.
Sec. 173. Transfer from Commander of United States Strategic Command to
Chairman of the Joint Chiefs of Staff of
responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 174. Cryptographic modernization schedules.
Sec. 175. Prohibition on purchase of armed overwatch aircraft.
Sec. 176. Special operations armed overwatch.
Sec. 177. Autonomic Logistics Information System redesign strategy.
Sec. 178. Contract aviation services in a country or in airspace in
which a Special Federal Aviation Regulation
applies.
Sec. 179. F-35 aircraft munitions.
Sec. 180. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for United States
Special Operations Command.
Sec. 181. Requirement to accelerate the fielding and development of
counter unmanned aerial systems across the
joint force.
Sec. 182. Joint All Domain Command and Control requirements.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Designation and activities of senior officials for critical
technology areas supportive of the National
Defense Strategy.
Sec. 212. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 213. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 214. Extension of authorities to enhance innovation at Department
of Defense laboratories.
Sec. 215. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 216. Program of part-time and term employment at Department of
Defense science and technology reinvention
laboratories of faculty and students from
institutions of higher education.
Sec. 217. Improvements to Technology and National Security Fellowship
of Department of Defense.
Sec. 218. Department of Defense research, development, and deployment
of technology to support water sustainment.
Sec. 219. Development and testing of hypersonic capabilities.
Sec. 220. Disclosure requirements for recipients of Department of
Defense research and development grants.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Assessment on United States national security emerging
biotechnology efforts and capabilities and
comparison with adversaries.
Sec. 232. Independent comparative analysis of efforts by China and the
United States to recruit and retain
researchers in national security-related
fields.
Sec. 233. Department of Defense demonstration of virtualized radio
access network and massive multiple input
multiple output radio arrays for fifth
generation wireless networking.
Sec. 234. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 235. Report on micro nuclear reactor programs.
Sec. 236. Modification to Test Resource Management Center strategic
plan reporting cycle and contents.
Sec. 237. Limitation on contract awards for certain unmanned vessels.
Sec. 238. Documentation relating to the Advanced Battle Management
System.
Sec. 239. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational
thinking.
Sec. 240. Report on use of testing facilities to research and develop
hypersonic technology.
Sec. 241. Study and plan on the use of additive manufacturing and
three-dimensional bioprinting in support of
the warfighter.
Sec. 242. 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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Modifications and technical corrections to ensure restoration
of contamination by perfluorooctane
sulfonate and perfluorooctanoic acid.
Sec. 312. Readiness and Environmental Protection Integration Program
technical edits and clarification.
Sec. 313. Survey and market research of technologies for phase out by
Department of Defense of use of fluorinated
aqueous film-forming foam.
Sec. 314. Modification of authority to carry out military installation
resilience projects.
Sec. 315. Native American Indian lands environmental mitigation
program.
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. Long-duration demonstration initiative and joint program.
Sec. 319. Pilot program on alternative fuel vehicle purchasing.
Sec. 320. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 321. Study on 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. 322. Increase in funding for study by Centers for Disease Control
and Prevention relating to perfluoroalkyl
and polyfluoroalkyl substance contamination
in drinking water.
Subtitle C--Logistics and Sustainment
Sec. 331. 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. 332. Clarification of limitation on length of overseas forward
deployment of currently deployed naval
vessels.
Subtitle D--Reports
Sec. 351. Report on impact of permafrost thaw on infrastructure,
facilities, and operations of the
Department of Defense.
Sec. 352. Plans and reports on emergency response training for military
installations.
Sec. 353. Report on implementation by Department of Defense of
requirements relating to renewable fuel
pumps.
Sec. 354. Report on effects of extreme weather on Department of
Defense.
Subtitle E--Other Matters
Sec. 371. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft
operated by United States Special
Operations Command.
Sec. 372. Information on overseas construction projects in support of
contingency operations using funds for
operation and maintenance.
Sec. 373. Provision of protection to the National Museum of the Marine
Corps, the National Museum of the United
States Army, the National Museum of the
United States Navy, and the National Museum
of the United States Air Force.
Sec. 374. Inapplicability of congressional notification and dollar
limitation requirements for advance
billings for certain background
investigations.
Sec. 375. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve
Air Fleet.
Sec. 376. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 377. 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. 378. Modifications to review of proposed actions by Military
Aviation and Installation Assurance
Clearinghouse.
Sec. 379. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 380. 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. 381. Clarification of food ingredient requirements for food or
beverages provided by the Department of
Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths
for non-temporary military technicians
(dual status) and maximum end strengths for
temporary military technicians (dual
status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of codified specification of authorized strengths of
certain commissioned 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. Requirement for promotion selection board recommendation of
higher placement on promotion list of
officers of particular merit.
Sec. 504. Special selection review boards for review of promotion of
officers subject to adverse information
identified after recommendation for
promotion and related matters.
Sec. 505. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 506. Mandatory retirement for age.
Sec. 507. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 508. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty,
aeronautical engineering duty, and special
duty.
Subtitle B--Reserve Component Management
Sec. 511. Exclusion of certain reserve general and flag officers on
active duty from limitations on authorized
strengths.
Subtitle C--General Service Authorities
Sec. 516. Increased access to potential recruits.
Sec. 517. Temporary authority to order retired members to active duty
in high-demand, low-density assignments
during war or national emergency.
Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form
214) matters.
Sec. 519. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 520. Reports on diversity and inclusion in the Armed Forces.
Subtitle D--Military Justice and Related Matters
PART I--Investigation, Prosecution, and Defense of Sexual Assault and
Related Matters
Sec. 521. 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. 522. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 523. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response
Victim Advocates to perform duties.
Sec. 524. Briefing on Special Victims' Counsel program.
Sec. 525. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies
and programs of the Department.
Sec. 526. Safe-to-report policy applicable across the Armed Forces.
Sec. 527. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 528. Additional matters for reports of the Defense Advisory
Committee for the Prevention of Sexual
Misconduct.
Sec. 529. Policy on separation of victim and accused at military
service academies and degree-granting
military educational institutions.
Sec. 530. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual
assault onto Non-Rated Periods.
PART II--Other Military Justice Matters
Sec. 531. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-
trial motions, filings, and hearings.
Sec. 532. Consideration of the evidence by Courts of Criminal Appeals.
Sec. 533. Preservation of records of the military justice system.
Sec. 534. 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. 535. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice
system.
Sec. 536. Guardian ad litem program for minor dependents of members of
the Armed Forces.
Subtitle E--Member Education, Training, Transition, and Resilience
Sec. 541. Training on religious accommodation for members of the Armed
Forces.
Sec. 542. Additional elements with 2021 certifications on the Ready,
Relevant Learning initiative of the Navy.
Sec. 543. Report on standardization and potential merger of law
enforcement training for military and
civilian personnel across the Department of
Defense.
Sec. 544. Quarterly reports on implementation of recommendations of the
Comprehensive Review of Special Operations
Forces Culture and Ethics.
Sec. 545. Information on nominations and applications for military
service academies.
Sec. 546. Pilot programs in connection with Senior Reserve Officers'
Training Corps units at Historically Black
Colleges and Universities and minority
institutions.
Sec. 547. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 548. Department of Defense STARBASE Program.
Subtitle F--Decorations and Awards
Sec. 551. Award or presentation of decorations favorably recommended
following determination on merits of
proposals for decorations not previously
submitted in a timely fashion.
Sec. 552. Honorary promotion matters.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
PART I--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher
ratios.
Sec. 564. Matters in connection with free appropriate public education
for dependents of members of the Armed
Forces with special needs.
Sec. 565. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High
School program.
Sec. 566. Pilot program on expansion of eligibility for enrollment at
domestic dependent elementary and secondary
schools.
Sec. 567. Comptroller General of the United States report on the
structural condition of Department of
Defense Education Activity schools.
PART II--Military Family Readiness Matters
Sec. 571. Responsibility for allocation of certain funds for military
child development programs.
Sec. 572. Improvements to Exceptional Family Member Program.
Sec. 573. Procedures of the Office of Special Needs for the development
of individualized services plans for
military families with special needs.
Sec. 574. Restatement and clarification of authority to reimburse
members for spouse relicensing costs
pursuant to a permanent change of station.
Sec. 575. Improvements to Department of Defense tracking of and
response to incidents of child abuse
involving military dependents on military
installations.
Sec. 576. Military child care and child development center matters.
Sec. 577. Expansion of financial assistance under My Career Advancement
Account program.
Subtitle H--Other Matters
Sec. 586. 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. 587. National emergency exception for timing requirements with
respect to certain surveys of members of
the Armed Forces.
Sec. 588. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 589. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of
activities of the federal voting assistance
program.
Sec. 590. Pilot programs on remote provision by National Guard to State
governments and National Guards of other
States of cybersecurity technical
assistance in training, preparation, and
response to cyber incidents.
Sec. 591. 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. 592. Limitation on implementation of Army Combat Fitness Test.
Sec. 593. Report on impact of children of certain Filipino World War II
veterans on national security, foreign
policy, and economic and humanitarian
interests of the United States.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 602. Hazardous duty pay for members of the Armed Forces performing
duty in response to the Coronavirus Disease
2019.
Sec. 603. Compensation and credit for retired pay purposes for
maternity leave taken by members of the
reserve components.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in special and incentive pays for officers in health
professions.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. 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. 622. Modernization and clarification of payment of certain
Reserves while on duty.
Sec. 623. Relief of Richard W. Collins III.
Subtitle D--Other Matters
Sec. 631. Permanent authority for and enhancement of the Government
lodging program.
Sec. 632. Approval of certain activities by retired and reserve members
of the uniformed services.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under
TRICARE program.
Sec. 702. Removal of Christian Science providers as authorized
providers under the TRICARE program.
Sec. 703. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military
medical treatment facilities.
Sec. 704. Mental health resources for members of the Armed Forces and
their dependents during the COVID-19
pandemic.
Sec. 705. Transitional health benefits for certain members of the
National Guard serving under orders in
response to the coronavirus (COVID-19).
Sec. 706. Extramedical maternal health providers demonstration project.
Sec. 707. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE
pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 721. Modifications to transfer of Army Medical Research and
Development Command and public health
commands to Defense Health Agency.
Sec. 722. Delay of applicability of administration of TRICARE dental
plans through Federal Employees Dental and
Vision Insurance Program.
Sec. 723. Authority of Secretary of Defense to waive requirements
during national emergencies for purposes of
provision of health care.
Subtitle C--Reports and Other Matters
Sec. 741. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical
Facility Demonstration Fund.
Sec. 742. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 743. Military Health System Clinical Quality Management Program.
Sec. 744. Modifications to pilot program on civilian and military
partnerships to enhance interoperability
and medical surge capability and capacity
of National Disaster Medical System.
Sec. 745. Study on force mix options and service models to enhance
readiness of medical force of the Armed
Forces to provide combat casualty care.
Sec. 746. Comptroller General study on delivery of mental health
services to members of the reserve
components of the Armed Forces.
Sec. 747. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote
installations outside the contiguous United
States.
Sec. 748. Audit of medical conditions of tenants in privatized military
housing.
Sec. 749. Comptroller General study on prenatal and postpartum mental
health conditions among members of the
Armed Forces and their dependents.
Sec. 750. Plan for evaluation of flexible spending account options for
members of the uniformed services and their
families.
Sec. 751. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment
facilities.
Sec. 752. Report on billing practices for health care from Department
of Defense.
Sec. 753. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 754. Study on the incidence of cancer diagnosis and mortality
among military aviators and aviation
support personnel.
Subtitle D--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and
related outpatient services from Department
of Veterans Affairs to include members of
reserve components of the Armed Forces.
Sec. 763. Provision of mental health services from Department of
Veterans Affairs to members of reserve
components of the Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by
Department of Veterans Affairs to members
of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Industrial Base Matters
Sec. 801. Policy recommendations for implementation of Executive Order
13806 (Assessing and Strengthening the
Manufacturing and Defense Industrial Base
and Supply Chain Resiliency).
Sec. 802. Assessment of national security innovation base.
Sec. 803. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 804. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial
base.
Sec. 805. Assessments of industrial base capabilities and capacity.
Sec. 806. Analyses of certain materials and technology sectors for
action to address sourcing and industrial
capacity.
Sec. 807. Microelectronics manufacturing strategy.
Sec. 808. Additional requirements pertaining to printed circuit boards.
Sec. 809. Statement of policy with respect to supply of strategic
minerals and metals for Department of
Defense purposes.
Sec. 810. Report on strategic and critical minerals and metals.
Sec. 811. Stabilization of shipbuilding industrial base workforce.
Sec. 812. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 813. Use of domestically sourced star trackers in national
security satellites.
Sec. 814. Modification to small purchase threshold exception to
sourcing requirements for certain articles.
Subtitle B--Acquisition Policy and Management
Sec. 831. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework
implementation.
Sec. 832. Comptroller General report on implementation of software
acquisition reforms.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 841. Authority to acquire innovative commercial products and
services using general solicitation
competitive procedures.
Sec. 842. Truth in Negotiations Act threshold for Department of Defense
contracts.
Sec. 843. Revision of proof required when using an evaluation factor
for defense contractors employing or
subcontracting with members of the selected
reserve of the reserve components of the
Armed Forces.
Sec. 844. Contract authority for advanced development of initial or
additional prototype units.
Sec. 845. Definition of business system deficiencies for contractor
business systems.
Sec. 846. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid
protests.
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
Sec. 861. Implementation of modular open systems architecture
requirements.
Sec. 862. Sustainment reviews.
Sec. 863. Recommendations for future direct selections.
Sec. 864. Disclosures for certain shipbuilding major defense
acquisition program offers.
Subtitle E--Small Business Matters
Sec. 871. Prompt payment of contractors.
Sec. 872. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 873. Reporting requirements.
Subtitle F--Provisions Related to Software-Driven Capabilities
Sec. 881. Inclusion of software in government performance of
acquisition functions.
Sec. 882. Balancing security and innovation in software development and
acquisition.
Sec. 883. Comptroller General report on intellectual property
acquisition and licensing.
Sec. 884. Pilot program exploring the use of consumption-based
solutions to address software-intensive
warfighting capability.
Subtitle G--Other Matters
Sec. 891. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and
information.
Sec. 892. Domestic comparative testing activities.
Sec. 893. Repeal of apprenticeship program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 902. Redesignation and codification in law of Office of Economic
Adjustment.
Sec. 903. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional
reporting requirements.
Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an
advisor to the Joint Requirements Oversight
Council.
Sec. 905. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Subtitle B--Department of Defense Management Reform
Sec. 911. Termination of position of Chief Management Officer of the
Department of Defense.
Sec. 912. Report on assignment of responsibilities, duties, and
authorities of Chief Management Officer to
other officers or employees of the
Department of Defense.
Sec. 913. Performance Improvement Officer of the Department of Defense.
Sec. 914. Assignment of certain responsibilities and duties to
particular officers of the Department of
Defense.
Sec. 915. Assignment of responsibilities and duties of Chief Management
Officer to officers or employees of the
Department of Defense to be designated.
Sec. 916. Definition of enterprise business operations for title 10,
United States Code.
Sec. 917. Annual report on enterprise business operations of the
Department of Defense.
Sec. 918. Conforming amendments.
Subtitle C--Space Force Matters
PART I--Amendments to Integrate the Space Force Into Law
Sec. 931. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 931A. Office of the Chief of Space Operations.
Sec. 932. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 933. Amendments to other provisions of title 10, United States
Code.
Sec. 934. Amendments to provisions of law relating to pay and
allowances.
Sec. 935. Amendments relating to provisions of law on veterans'
benefits.
Sec. 936. Amendments to other provisions of the United States Code.
Sec. 937. Applicability to other provisions of law.
PART II--Other Matters
Sec. 941. Matters relating to reserve components for the Space Force.
Sec. 942. Transfers of military and civilian personnel to the Space
Force.
Sec. 943. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 944. Clarification of procurement of commercial satellite
communications services.
Sec. 945. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 946. Application of acquisition demonstration project to
Department of the Air Force employees
assigned to acquisition positions within
the Space Force.
Sec. 947. Air and Space Force Medal.
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 951. Annual report on establishment of field operating agencies.
Sec. 952. Briefing on assignment of members of the Armed Forces on
active duty to the Joint Artificial
Intelligence Center of the Department of
Defense.
Sec. 953. Threats to United States forces from small unmanned aerial
systems worldwide.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year
2020.
Sec. 1003. Incentives for the achievement by the components of the
Department of Defense of unqualified audit
opinions on the financial statements.
Subtitle B--Counterdrug Activities
Sec. 1011. Codification of authority for joint task forces of the
Department of Defense to support law
enforcement agencies conducting
counterterrorism or counter-transnational
organized crime activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification of authority to purchase used vessels with
funds in the National Defense Sealift Fund.
Sec. 1022. Waiver during war or threat to national security of
restrictions on overhaul, repair, or
maintenance of vessels in foreign
shipyards.
Sec. 1023. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy
maritime mine countermeasure platforms.
Sec. 1024. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship
Navy.
Subtitle D--Counterterrorism
Sec. 1031. 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. 1032. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1033. 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. 1034. 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.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Inclusion of disaster-related emergency preparedness
activities among law enforcement activities
authorities for sale or donation of excess
personal property of the Department of
Defense.
Sec. 1042. Expenditure of funds for Department of Defense clandestine
activities that support operational
preparation of the environment.
Sec. 1043. Clarification of authority of military commissions under
chapter 47A of title 10, United States
Code, to punish contempt.
Sec. 1044. Prohibition on actions to infringe upon First Amendment
rights of peaceable assembly and petition
for redress of grievances.
Sec. 1045. Arctic planning, research, and development.
Sec. 1046. Consideration of security risks in certain
telecommunications architecture for future
overseas basing decisions of the Department
of Defense.
Sec. 1047. Foreign military training programs.
Sec. 1048. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth
and charitable organizations authorized to
receive assistance from the National Guard.
Sec. 1050. Department of Defense policy for the regulation of dangerous
dogs.
Sec. 1051. Sense of Congress on the basing of KC-46A aircraft outside
the contiguous United States.
Sec. 1052. Efficient use of sensitive compartmented information
facilities.
Sec. 1053. Assistance for farmer and rancher stress and mental health
of individuals in rural areas.
Sec. 1054. Additional conditions and limitations on the transfer of
Department of Defense property for law
enforcement activities.
Subtitle F--Studies and Reports
Sec. 1061. Report on potential improvements to certain military
educational institutions of the Department
of Defense.
Sec. 1062. Reports on status and modernization of the North Warning
System.
Sec. 1063. Studies on the force structure for Marine Corps aviation.
Sec. 1064. Study on unemployment rate of female veterans who served on
active duty in the Armed Forces after
September 11, 2001.
Sec. 1065. Report on Great Lakes and inland waterways seaports.
Sec. 1066. Report on the Chemical and Biological Defense Program of the
Department of Defense.
Sec. 1067. Report on round-the-clock availability of childcare for
members of the Armed Forces and civilian
employees of the Department of Defense who
work rotating shifts.
Subtitle G--Other Matters
Sec. 1081. Department of Defense strategic Arctic ports.
Sec. 1082. Personal protective equipment matters.
Sec. 1083. Estimate of damages from Federal Communications Commission
Order 20-48.
Sec. 1084. Modernization effort.
Sec. 1085. Sense of Senate on Gold Star Families Remembrance Week.
Sec. 1086. Continuity of the Economy Plan.
Sec. 1087. Improving the authority for operations of unmanned aircraft
for educational purposes.
Sec. 1088. Requirement to post a 100 word summary to regulations.gov.
Sec. 1089. Modification of licensure requirements for health care
professionals providing treatment via
telemedicine.
Sec. 1090. Restrictions on Confucius Institutes.
Sec. 1090A. Additional care for newborn children of veterans.
Sec. 1090B. 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.
Subtitle H--Wireless Supply Chain Innovation and Multilateral Security
Sec. 1091. Definitions.
Sec. 1092. Communications technology security funds.
Sec. 1093. Promoting United States leadership in international
organizations and communications standards-
setting bodies.
Subtitle I--Semiconductor Manufacturing Incentives
Sec. 1094. Semiconductor incentive grants.
Sec. 1095. Department of Defense.
Sec. 1096. Department of Commerce study on status of microelectronics
technologies in the United States
industrial base.
Sec. 1097. Funding for development and adoption of measurably secure
microelectronics and measurably secure
microelectronics supply chains.
Sec. 1098. Advanced semiconductor research and design.
Sec. 1099. Prohibition relating to foreign adversaries.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters
Sec. 1101. Enhanced pay authority for certain acquisition and
technology positions in the Department of
Defense.
Sec. 1102. Enhanced pay authority for certain research and technology
positions in the science and technology
reinvention laboratories of the Department
of Defense.
Sec. 1103. Extension of enhanced appointment and compensation authority
for civilian personnel for care and
treatment of wounded and injured members of
the Armed Forces.
Sec. 1104. Extension of overtime rate 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. 1105. Expansion of direct hire authority for certain Department of
Defense personnel to include installation
military housing office positions
supervising privatized military housing.
Sec. 1106. 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. 1107. Pilot program on enhanced pay authority for certain high-
level management positions in the
Department of Defense.
Sec. 1108. Pilot program on expanded authority for appointment of
recently retired members of the Armed
Forces to positions in the Department of
Defense.
Sec. 1109. Direct hire authority and relocation incentives for
positions at remote locations.
Sec. 1110. Modification of direct hire authority for certain personnel
involved with Department of Defense
maintenance activities.
Sec. 1110A. Fire Fighters Alternative Work Schedule demonstration
project for the Navy Region Mid-Atlantic
Fire and Emergency Services.
Sec. 1110B. Report by Comptroller General of the United States on
diversity and inclusion within the civilian
workforce of the Department of Defense.
Subtitle B--Government-Wide Matters
Sec. 1111. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1112. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1113. Technical amendments to authority for reimbursement of
Federal, State, and local income taxes
incurred during travel, transportation, and
relocation.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Authority to build capacity for air sovereignty operations.
Sec. 1203. Modification to the Inter-European Air Forces Academy.
Sec. 1204. Modification to support of special operations for irregular
warfare.
Sec. 1205. Extension and modification of authority to support border
security operations of certain foreign
countries.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Implementation of the Women, Peace, and Security Act of
2017.
Sec. 1208. Ted Stevens Center for Arctic Security Studies.
Sec. 1209. Functional Center for Security Studies in Irregular Warfare.
Sec. 1210. Open Technology Fund.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1212. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1213. Extension and modification of support for reconciliation
activities led by the Government of
Afghanistan.
Sec. 1214. Sense of Senate on special immigrant visa program for Afghan
allies.
Sec. 1215. Sense of Senate and report on United States presence in
Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension of authority and limitation on use of funds 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.
Subtitle D--Matters Relating to Europe and the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1234. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for
security assistance.
Sec. 1235. Sense of Senate on North Atlantic Treaty Organization
enhanced opportunities partner status for
Ukraine.
Sec. 1236. Extension of authority for training for Eastern European
national security forces in the course of
multilateral exercises.
Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force
of the North Atlantic Treaty Organization.
Sec. 1238. Sense of Senate on strategic competition with the Russian
Federation and related activities of the
Department of Defense.
Sec. 1239. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1240. Participation in European program on multilateral exchange
of surface transportation services.
Sec. 1241. Participation in programs relating to coordination or
exchange of air refueling and air
transportation services.
Sec. 1242. Sense of Congress on support for coordinated action to
ensure the security of Baltic allies.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Sense of Senate on the United States-Vietnam defense
relationship.
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. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1256. Authority to establish a Movement Coordination Center
Pacific in the Indo-Pacific region and
participate in an Air Transport and Air-to-
Air Refueling and other Exchanges of
Services program.
Sec. 1257. Training of ally and partner air forces in Guam.
Sec. 1258. Statement of policy and sense of Senate on the Taiwan
Relations Act.
Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS
Comfort and the USNS Mercy .
Sec. 1260. Limitation on use of funds to reduce total number of members
of the Armed Forces serving on active duty
who are deployed to the Republic of Korea.
Sec. 1261. Sense of Congress on co-development with Japan of a long-
range ground-based anti-ship cruise missile
system.
Sec. 1262. Statement of policy on cooperation in the Indo-Pacific
region.
Sec. 1263. Extension of prohibition on commercial export of certain
munitions to the Hong Kong Police Force.
Sec. 1264. Implementation of the Asia Reassurance Initiative Act with
regard to Taiwan arms sales.
Subtitle F--Reports
Sec. 1271. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 1272. Report on burden sharing contributions by designated
countries.
Sec. 1273. Report on risk to personnel, equipment, and operations due
to Huawei 5G architecture in host
countries.
Sec. 1274. Allied burden sharing report.
Subtitle G--Other Matters
Sec. 1281. Reciprocal patient movement agreements.
Sec. 1282. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1283. Extension of Department of Defense support for stabilization
activities in national security interest of
the United States.
Sec. 1284. Notification with respect to withdrawal of members of the
Armed Forces participating in the
Multinational Force and Observers in Egypt.
Sec. 1285. Modification to initiative to support protection of national
security academic researchers from undue
influence and other security threats.
Sec. 1286. Establishment of United States-Israel Operations-Technology
Working Group.
Sec. 1287. Improved coordination of United States sanctions policy.
Subtitle H--Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act
Sec. 1291. Short title.
Sec. 1292. Assistance for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 1293. Special Envoy for Hostage Affairs.
Sec. 1294. Hostage Recovery Fusion Cell.
Sec. 1295. Hostage Response Group.
Sec. 1296. Authorization of imposition of sanctions.
Sec. 1297. Definitions.
Sec. 1298. Rule of construction.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations for Department of Defense Cooperative
Threat Reduction Program.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized
accrediting organization.
Sec. 1413. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Transition and enhancement of inspector general authorities
for Afghanistan reconstruction.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1602. Development efforts for National Security Space Launch
providers.
Sec. 1603. Timeline for nonrecurring design validation for responsive
space launch.
Sec. 1604. Tactically responsive space launch operations.
Sec. 1605. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1606. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1607. Space launch rate assessment.
Sec. 1608. Report on impact of acquisition strategy for the National
Security Space Launch Program on emerging
foreign space launch providers.
Sec. 1609. Leveraging commercial satellite remote sensing.
Subtitle B--Cyberspace-Related Matters
Sec. 1611. Modification of position of Principal Cyber Advisor.
Sec. 1612. Framework for cyber hunt forward operations.
Sec. 1613. Modification of scope of notification requirements for
sensitive military cyber operations.
Sec. 1614. Modification of requirements for quarterly Department of
Defense cyber operations briefings for
Congress.
Sec. 1615. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1616. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1617. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1618. Pilot program on cybersecurity capability metrics.
Sec. 1619. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department
of Defense networks.
Sec. 1620. Matters concerning the College of Information and Cyberspace
at National Defense University.
Sec. 1621. Modification of mission of cyber command and assignment of
cyber operations forces.
Sec. 1622. Integration of Department of Defense user activity
monitoring and cybersecurity.
Sec. 1623. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1624. Extension of Cyberspace Solarium Commission to track and
assess implementation.
Sec. 1625. Review of regulations and promulgation of guidance relating
to National Guard responses to cyber
attacks.
Sec. 1626. Improvements relating to the quadrennial cyber posture
review.
Sec. 1627. Report on enabling United States Cyber Command resource
allocation.
Sec. 1628. Evaluation of options for establishing a cyber reserve
force.
Sec. 1629. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1630. 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. 1631. Defense industrial base participation in a cybersecurity
threat intelligence sharing program.
Sec. 1632. Assessment on defense industrial base cybersecurity threat
hunting.
Sec. 1633. Assessing risk to national security of quantum computing.
Sec. 1634. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1635. Expansion of authority for access and information relating
to cyber attacks on operationally critical
contractors of the Armed Forces.
Sec. 1636. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
Sec. 1637. Independent assessment of establishment of a National Cyber
Director.
Sec. 1638. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar
capability development projects.
Sec. 1639. Personnel management authority for Commander of United
States Cyber Command and development
program for offensive cyber operations.
Sec. 1640. Implementation of information operations matters.
Sec. 1641. Report on Cyber Institutes Program.
Sec. 1642. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to
cybersecurity.
Sec. 1643. Study on cyberexploitation of members of the Armed Forces
and their families.
Subtitle C--Nuclear Forces
Sec. 1651. Modification to responsibilities of Nuclear Weapons Council.
Sec. 1652. Responsibility of Nuclear Weapons Council in preparation of
National Nuclear Security Administration
budget.
Sec. 1653. Modification of Government Accountability Office review of
annual reports on nuclear weapons
enterprise.
Sec. 1654. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1655. Sense of the Senate on nuclear cooperation between the
United States and the United Kingdom.
Subtitle D--Missile Defense Programs
Sec. 1661. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1662. Acceleration of the deployment of hypersonic and ballistic
tracking space sensor payload.
Sec. 1663. Extension of prohibition relating to missile defense
information and systems.
Sec. 1664. Report on and limitation on expenditure of funds for layered
homeland missile defense system.
Sec. 1665. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition
programs.
Sec. 1666. Repeal of requirement for reporting structure of Missile
Defense Agency.
Sec. 1667. Ground-based midcourse defense interim capability.
TITLE XVII--HONG KONG AUTONOMY ACT
Sec. 1701. Short title.
Sec. 1702. Definitions.
Sec. 1703. Findings.
Sec. 1704. Sense of Congress regarding Hong Kong.
Sec. 1705. Identification of foreign persons involved in the erosion of
the obligations of China under the Joint
Declaration or the Basic Law and foreign
financial institutions that conduct
significant transactions with those
persons.
Sec. 1706. Sanctions with respect to foreign persons that contravene
the obligations of China under the Joint
Declaration or the Basic Law.
Sec. 1707. Sanctions with respect to foreign financial institutions
that conduct significant transactions with
foreign persons that contravene the
obligations of China under the Joint
Declaration or the Basic Law.
Sec. 1708. Waiver, termination, exceptions, and congressional review
process.
Sec. 1709. Implementation; penalties.
Sec. 1710. Rule of construction.
Sec. 1711. Exception relating to importation of goods.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out fiscal year 2017
project at Camp Walker, Korea.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out fiscal year 2018
project at Royal Air Force Lakenheath.
Sec. 2306. Modification of authority to carry out certain fiscal year
2019 projects.
Sec. 2307. Modification of authority to carry out certain fiscal year
2020 family housing projects.
Sec. 2308. Modification of authority to carry out certain fiscal year
2020 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020
project in Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon.
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Responsibility of Navy for military construction
requirements for certain Fleet Readiness
Centers.
Sec. 2802. Construction of ground-based strategic deterrent launch
facilities and launch centers for Air
Force.
Subtitle B--Military Family Housing
Sec. 2821. Prohibition on substandard family housing units.
Sec. 2822. Technical corrections to privatized military housing
program.
Sec. 2823. Requirement that Secretary of Defense implement
recommendations relating to military family
housing contained in report by Inspector
General of Department of Defense.
Subtitle C--Project Management and Oversight Reforms
Sec. 2841. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2842. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
Subtitle D--Land Conveyances
Sec. 2861. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal
and reservation.
Sec. 2863. Transfer of land under the administrative jurisdiction of
the Department of the Interior within Naval
Support Activity Panama City, Florida.
Sec. 2864. Land conveyance, Camp Navajo, Arizona.
Subtitle E--Other Matters
Sec. 2881. Military family readiness considerations in basing
decisions.
Sec. 2882. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the
European theater without creating a similar
protection from attack.
Sec. 2883. Prohibitions relating to closure or returning to host nation
of existing bases under the European
Consolidation Initiative.
Sec. 2884. Enhancement of authority to accept conditional gifts of real
property on behalf of military museums.
Sec. 2885. Equal treatment of insured depository institutions and
credit unions operating on military
installations.
Sec. 2886. Report on operational aviation units impacted by noise
restrictions or noise mitigation measures.
Sec. 2887. Transfer of funds for Oklahoma City national memorial
endowment fund.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
Sec. 2904. Replenishment of certain military constructions funds.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Budget of the National Nuclear Security Administration
Sec. 3111. Review of adequacy of nuclear weapons budget.
Subtitle C--Personnel Matters
Sec. 3121. National Nuclear Security Administration Personnel System.
Sec. 3122. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety
officer for purposes of certain death
benefits.
Sec. 3123. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3124. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3125. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Subtitle D--Cybersecurity
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Sec. 3132. Clarification of responsibility for cybersecurity of
National Nuclear Security Administration
facilities.
Subtitle E--Defense Environmental Cleanup
Sec. 3141. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3142. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3143. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3144. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear
Reservation.
Subtitle F--Other Matters
Sec. 3151. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3152. Prohibition on use of laboratory- or production facility-
directed research and development funds for
general and administrative overhead costs.
Sec. 3153. Monitoring of industrial base for nuclear weapons
components, subsystems, and materials.
Sec. 3154. Prohibition on use of funds for advanced naval nuclear fuel
system based on low-enriched uranium.
Sec. 3155. Authorization of appropriations for W93 nuclear warhead
program.
Sec. 3156. Review of future of computing beyond exascale at the
National Nuclear Security Administration.
Sec. 3157. Application of requirement for independent cost estimates
and reviews to new nuclear weapon systems.
Sec. 3158. Extension and expansion of limitations on importation of
uranium from Russian Federation.
Sec. 3159. Integration of stockpile stewardship and nonproliferation
missions.
Sec. 3160. Technology development and integration program.
Sec. 3161. Advanced manufacturing development program.
Sec. 3162. Materials science program.
Sec. 3163. Modifications to Inertial Confinement Fusion Ignition and
High Yield Program.
Sec. 3164. Earned value management program for life extension programs.
Sec. 3165. Use of high performance computing capabilities for COVID-19
research.
Sec. 3166. Availability of stockpile responsiveness funds for projects
to reduce time necessary to execute a
nuclear test.
Sec. 3167. Sense of the Senate on extension of limitations on
importation of uranium from Russian
Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board.
Sec. 3203. Improvements to operations of Defense Nuclear Facilities
Safety Board.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. PROCUREMENT.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle B--Army Programs
Sec. 5111. Report on CH-47F Chinook Block-II upgrade.
Subtitle C--Navy Programs
Sec. 5121. Limitation on alteration of Navy fleet mix.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 5211. Importance of historically Black colleges and universities
and minority-serving institutions.
Subtitle C--Sustainable Chemistry
Sec. 5221. National coordinating entity for sustainable chemistry.
Sec. 5222. Strategic plan for sustainable chemistry.
Sec. 5223. Agency activities in support of sustainable chemistry.
Sec. 5224. Partnerships in sustainable chemistry.
Sec. 5225. Prioritization.
Sec. 5226. Rule of construction.
Sec. 5227. Major multi-user research facility project.
Subtitle D--Cyber Workforce Matters
Sec. 5231. Improving National Initiative for Cybersecurity Education.
Sec. 5232. Development of standards and guidelines for improving
cybersecurity workforce of Federal
agencies.
Sec. 5233. Modifications to Federal cyber scholarship-for-service
program.
Sec. 5234. Modifications to Federal cyber scholarship-for-service
program.
Sec. 5235. Cybersecurity in programs of the National Science
Foundation.
Sec. 5236. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 5237. Cybersecurity in Department of Transportation programs.
Sec. 5238. National Cybersecurity Challenges.
Sec. 5239. Internet of Things.
Subtitle E--Plans, Reports, and Other Matters
Sec. 5241. Report on Department of Defense strategy on artificial
intelligence standards.
Sec. 5242. Study on establishment of energetics program office.
Sec. 5243. Deepfake report.
Sec. 5244. CISA Director.
Sec. 5245. Agency review.
Sec. 5246. General Services Administration review.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle C--Logistics and Sustainment
Sec. 5331. Use of cost savings realized from intergovernmental services
agreements for installation-support
services.
Subtitle D--Reports
Sec. 5351. Report on non-permissive, global positioning system denied
airfield capabilities.
Subtitle E--Other Matters
Sec. 5371. Increase of amounts available to Marine Corps for base
operations and support.
Sec. 5372. Modernization of congressional reports process.
TITLE LV--MILITARY PERSONNEL POLICY
Subtitle C--General Service Authorities
Sec. 5516. Report on implementation of recommendations of the
Comptroller General of the United States on
recruitment and retention of female members
of the Armed Forces.
Subtitle F--Decorations and Awards
Sec. 5551. Report on regulations and procedures to implement programs
on award of medals or commendations to
handlers of military working dogs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
PART II--Military Family Readiness Matters
Sec. 5571. Independent study and report on military spouse
underemployment.
Subtitle H--Other Matters
Sec. 5586. Questions regarding racism, anti-Semitism, and supremacism
in workplace surveys administered by the
Secretary of Defense.
Sec. 5587. Briefing on the implementation of requirements on
connections of retiring and separating
members of the Armed Forces with community-
based organizations and related entities.
Sec. 5590. Pilot programs on remote provision by National Guard to
State governments and National Guards of
other States of cybersecurity technical
assistance in training, preparation, and
response to cyber incidents.
TITLE LVII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Provisions
Sec. 5707. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE
pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 5723. Authority of Secretary of Defense to waive requirements
during national emergencies for purposes of
provision of health care.
Subtitle C--Reports and Other Matters
Sec. 5741. Study and report on surge capacity of Department of Defense
to establish negative air room containment
systems in military medical treatment
facilities.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Industrial Base Matters
Sec. 5801. Report on use of domestic nonavailability determinations.
Sec. 5802. Report on the effect of the Defense Manufacturing
Communities Support Program on the defense
supply chain.
Sec. 5803. Improving implementation of policy pertaining to the
national technology and industrial base.
Sec. 5808. Additional requirements pertaining to printed circuit
boards.
Sec. 5812. Miscellaneous limitations on the procurement of goods other
than United States goods.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 5841. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19
national emergency.
Subtitle E--Small Business Matters
Sec. 5871. Office of Small Business and Disadvantaged Business
Utilization.
Sec. 5872. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business
Administration programs.
Sec. 5873. Disaster declaration in rural areas.
Sec. 5874. Temporary extension for 8(a) participants.
Sec. 5875. Maximum award price for sole source manufacturing contracts.
Sec. 5876. Annual reports regarding the SBIR program of the Department
of Defense.
Sec. 5877. Small business loans for nonprofit child care providers.
Subtitle G--Other Matters
Sec. 5891. Listing of other transaction authority consortia.
Sec. 5892. Report recommending disposition of notes to certain sections
of title 10, United States Code.
Sec. 5893. Applicability of reporting requirement related to notional
milestones and standard timelines for
foreign military sales.
Sec. 5894. Additional requirements related to mitigating risks related
to foreign ownership, control, or influence
of Department of Defense contractors and
subcontractors.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 5951. Comptroller General of the United States report on
vulnerabilities of the Department of
Defense resulting from offshore technical
support call centers.
TITLE LX--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 6001. Under Secretary of Defense (Comptroller) reports on
improving the budget justification and
related materials of the Department of
Defense.
Sec. 6002. Report on fiscal year 2022 budget request requirements in
connection with Air Force operations in the
Arctic.
Sec. 6003. Providing information to States regarding undelivered
savings bonds.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 6046. Conditions for permanently basing United States equipment or
additional military units in host countries
with at-risk vendors in 5G or 6G networks.
Sec. 6047. Antidiscrimination.
Subtitle F--Studies and Reports
Sec. 6061. Maritime security and domain awareness.
Sec. 6062. Report on pandemic preparedness and planning of the Navy.
Sec. 6063. Study and report on the affordability of insulin.
Subtitle G--Other Matters
Sec. 6081. Modification to First Division monument.
Sec. 6082. Estimate of damages from Federal Communications Commission
Order 20-48.
Sec. 6083. Diesel emissions reduction.
Sec. 6084. Utilizing significant emissions with innovative
technologies.
Sec. 6085. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 6086. Silver Star Service Banner Day.
Sec. 6087. Established Program to Stimulate Competitive Research.
Sec. 6088. Subpoena authority.
Sec. 6089. Thad Cochran headquarters building.
Sec. 6090. Comptroller General of the United States report on handling
by Department of Veterans Affairs of
disability-related benefits claims by
veterans with type 1 diabetes who were
exposed to a herbicide agent.
Sec. 6091. Special rules for certain monthly workers' compensation
payments and other payments for Federal
Government personnel under chief of mission
authority.
Subtitle H--Industries of the Future
Sec. 6094A. Short title.
Sec. 6094B. Report on Federal research and development focused on
industries of the future.
Sec. 6094C. Industries of the Future Coordination Council.
Subtitle I--READI Act
Sec. 6096. Short title.
Sec. 6096A. Definitions.
Sec. 6096B. Wireless Emergency Alerts System offerings.
Sec. 6096C. State Emergency Alert System Plans and Emergency
Communications Committees.
Sec. 6096D. Integrated public alert and warning system guidance.
Sec. 6096E. False alert reporting.
Sec. 6096F. Repeating Emergency Alert System messages for national
security.
Sec. 6096G. Internet and online streaming services emergency alert
examination.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 6211. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive
peace process.
Subtitle D--Matters Relating to Europe and the Russian Federation
Sec. 6231. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream
pipeline projects.
Sec. 6235. Sense of Senate on admission of Ukraine to the North
Atlantic Treaty Organization Enhanced
Opportunities Partnership Program.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 6251. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Subtitle F--Reports
Sec. 6273. Report on risk to personnel, equipment, and operations due
to Huawei 5G architecture in host
countries.
Subtitle G--Other Matters
Sec. 6281. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian
Federation, and the United States.
Sec. 6282. Modification to initiative to support protection of national
security academic researchers from undue
influence and other security threats.
Sec. 6283. Sense of Senate on United States-Israel cooperation on
precision-guided munitions.
Sec. 6284. Blocking deadly fentanyl imports.
Sec. 6286. Establishment of United States-Israel Operations-Technology
Working Group.
Subtitle H--United States-Israel Security Assistance
Sec. 6290. Short title.
Sec. 6290A. Definition.
Chapter 1--Security Assistance for Israel
Sec. 6291. Findings.
Sec. 6292. Statement of policy.
Sec. 6293. Security assistance for Israel.
Sec. 6294. Extension of war reserves stockpile authority.
Sec. 6295. Extension of loan guarantees to Israel.
Sec. 6296. Transfer of precision guided munitions to Israel.
Sec. 6297. Sense of Congress on rapid acquisition and deployment
procedures.
Sec. 6298. Eligibility of Israel for the strategic trade authorization
exception to certain export control
licensing requirements.
Chapter 2--Enhanced United States-Israel Cooperation
Sec. 6299. United States Agency for International Development memoranda
of understanding to enhance cooperation
with Israel.
Sec. 6299A. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 6299B. Joint cooperative program related to innovation and high-
tech for the Middle East region.
Sec. 6299C. Sense of Congress on United States-Israel economic
cooperation.
Sec. 6299D. Cooperation on directed energy capabilities.
Sec. 6299E. Plans to provide Israel with necessary defense articles and
services in a contingency.
Sec. 6299F. Other matters of cooperation.
TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle B--Cyberspace Related Matters
Sec. 6611. Report on use of encryption by Department of Defense
national security systems.
Sec. 6612. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and
other data science and software development
personnel.
Sec. 6613. Cybersecurity State Coordinator Act.
Sec. 6614. Cybersecurity Advisory Committee.
Sec. 6615. Cybersecurity Education and Training Assistance Program.
Subtitle C--Nuclear Forces
Sec. 6651. Report on electromagnetic pulse hardening of ground-based
strategic deterrent weapons system.
TITLE LXVII--NUCLEAR ENERGY LEADERSHIP
Sec. 6701. Advanced nuclear reactor research and development goals.
Sec. 6702. Nuclear energy strategic plan.
Sec. 6703. Versatile, reactor-based fast neutron source.
Sec. 6704. Advanced nuclear fuel security program.
Sec. 6705. University Nuclear Leadership Program.
Sec. 6706. Adjusting strategic petroleum reserve mandated drawdowns.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 7801. Modification to authority for military construction projects
for child development centers at military
installations.
Sec. 7802. Modification of construction of ground-based strategic
deterrent launch facilities and launch
centers for the Air Force.
Subtitle B--Military Family Housing
Sec. 7821. Inclusion of assessment of performance metrics in annual
publication on use of incentive fees for
privatized military housing projects.
Subtitle D--Land Conveyances
Sec. 7861. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation
under public land laws.
Sec. 7862. Lease extension for Bryan Multi-Sports Complex, Wayne
County, North Carolina.
Subtitle E--Other Matters
Sec. 7881. Sense of Congress on relocation of Joint Spectrum Center.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle F--Other Matters
Sec. 8159. Extension and expansion of limitations on importation of
uranium from Russian Federation.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI--INTELLIGENCE ACTIVITIES
Sec. 9101. Authorization of appropriations.
Sec. 9102. Classified Schedule of Authorizations.
Sec. 9103. Intelligence Community Management Account.
TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 9201. Authorization of appropriations.
TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 9301. Restriction on conduct of intelligence activities.
Sec. 9302. Increase in employee compensation and benefits authorized by
law.
Sec. 9303. Clarification of authorities and responsibilities of
National Manager for National Security
Telecommunications and Information Systems
Security.
Sec. 9304. Continuity of operations plans for certain elements of the
intelligence community in the case of a
national emergency.
Sec. 9305. Application of Executive Schedule level III to position of
Director of National Reconnaissance Office.
Sec. 9306. National Intelligence University.
Sec. 9307. Requiring facilitation of establishment of Social Media Data
and Threat Analysis Center.
Sec. 9308. Data collection on attrition in intelligence community.
Sec. 9309. Limitation on delegation of responsibility for program
management of information-sharing
environment.
Sec. 9310. Improvements to provisions relating to intelligence
community information technology
environment.
Sec. 9311. Requirements and authorities for Director of the Central
Intelligence Agency to improve education in
science, technology, engineering, arts, and
mathematics.
Subtitle B--Reports and Assessments Pertaining to Intelligence
Community
Sec. 9321. Assessment by the Comptroller General of the United States
on efforts of the intelligence community
and the Department of Defense to identify
and mitigate risks posed to the
intelligence community and the Department
by the use of direct-to-consumer genetic
testing by the Government of the People's
Republic of China.
Sec. 9322. Report on use by intelligence community of hiring
flexibilities and expedited human resources
practices to assure quality and diversity
in the workforce of the intelligence
community.
Sec. 9323. Report on signals intelligence priorities and requirements.
Sec. 9324. Assessment of demand for student loan repayment program
benefit.
Sec. 9325. Assessment of intelligence community demand for child care.
Sec. 9326. Open source intelligence strategies and plans for the
intelligence community.
TITLE XCIV--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 9401. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 9402. Establishing process parity for security clearance
revocations.
Sec. 9403. Federal policy on sharing of derogatory information
pertaining to contractor employees in the
trusted workforce.
TITLE XCV--REPORTS AND OTHER MATTERS
Sec. 9501. Report on attempts by foreign adversaries to build
telecommunications and cybersecurity
equipment and services for, or to provide
such equipment and services to, certain
allies of the United States.
Sec. 9502. Report on threats posed by use by foreign governments and
entities of commercially available cyber
intrusion and surveillance technology.
Sec. 9503. Reports on recommendations of the Cyberspace Solarium
Commission.
Sec. 9504. Assessment of critical technology trends relating to
artificial intelligence, microchips, and
semiconductors and related supply chains.
Sec. 9505. Combating Chinese influence operations in the United States
and strengthening civil liberties
protections.
Sec. 9506. Annual report on corrupt activities of senior officials of
the Chinese Communist Party.
Sec. 9507. Report on corrupt activities of Russian and other Eastern
European oligarchs.
Sec. 9508. Report on biosecurity risk and disinformation by the Chinese
Communist Party and the Government of the
People's Republic of China.
Sec. 9509. Report on effect of lifting of United Nations arms embargo
on Islamic Republic of Iran.
Sec. 9510. Report on Iranian activities relating to nuclear
nonproliferation.
Sec. 9511. Sense of Congress on Third Option Foundation.
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 purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
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 Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Army Programs
SEC. 111. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.
(a) Assessment by Secretary of the Army.--
(1) In general.--The Secretary of the Army shall conduct a
classified assessment of the capability and capacity of current
and planned integrated air and missile defense (IAMD)
capabilities to meet combatant commander requirements for major
operations against great-power competitors and other global
operations in support of the National Defense Strategy.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) Analysis and characterization of current and
emerging threats, including the following:
(i) Cruise, hypersonic, and ballistic
missiles.
(ii) Unmanned aerial systems.
(iii) Rockets.
(iv) Other indirect fire.
(v) Specific and meaningfully varied
examples within each of subclauses (I) through
(IV).
(B) Analysis of current and planned integrated air
and missile defense capabilities to counter the threats
analyzed and characterized under subparagraph (A),
including the following:
(i) Projected timelines for development,
procurement, and fielding of planned integrated
air and missile defense capabilities.
(ii) Projected capability gaps.
(iii) Opportunities for acceleration or
need for incorporation of interim capabilities
to address current and projected gaps.
(C) 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 munitions.
(ii) Capacity gaps in addressing combatant
command requirements.
(iii) Operations tempo stress on integrated
air and missile defense formations and
personnel.
(iv) Plans of the Secretary to continue to
increase integrated air and missile defense
personnel and formations.
(D) Assessment of integrated air and missile
defense architecture and enabling command and control
systems, including the following:
(i) A description of the integrated air and
missile defense architecture and component
counter unmanned aerial systems (C-UAS) sub-
architecture.
(ii) Identification of the enabling command
and control (C2) systems.
(iii) Inter-connectivity of the enabling
command and control systems.
(iv) Compatibility of the enabling command
and control systems with planned Joint All
Domain Command and Control (JADC2)
architecture.
(E) Assessment of proponency within the Army of
integrated air and missile defense and counter unmanned
aerial systems, including the following:
(i) A description of the current proponency
structure.
(ii) Adequacy of the current proponency
structure to facilitate Army executive agency
integrated air and missile defense and counter
unmanned aerial systems functions for the
Department of Defense.
(iii) Benefits of establishing integrated
air and missile defense and counter unmanned
aerial systems centers of excellence to help
focus Army and joint force efforts to achieving
a functional integrated air and missile defense
capability and capacity to meet requirements of
the combatant commands.
(3) Characterization.--
(A) In general.--In carrying out paragraph (2)(A),
the Secretary shall avoid broad characterizations that
do not sufficiently distinguish between distinctly
different threats in the same general class.
(B) Example.--An example of a broad
characterization to be avoided under such paragraph is
``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) Report and interim briefing.--
(A) Interim briefing.--Not later than December 15,
2020, the Secretary shall provide the Committee on
Armed Services of the Senate and Committee on Armed
Services of the House of Representatives a briefing on
the assessment being conducted by the Secretary under
paragraph (1).
(B) Report.--Not later than February 15, 2021, the
Secretary shall submit to the Committee on Armed
Services of the Senate and Committee on Armed Services
of the House of Representatives a report on the
findings of the Secretary with respect to the
assessment conducted under paragraph (1).
(b) Review by Vice Chairman of the Joint Chiefs of Staff.--
(1) Review.--The Vice Chairman of the Joint Chiefs of Staff
shall review the assessment being conducted under subsection
(a)(1) for potential gaps in capability and capacity to meet
requirements of the National Defense Strategy.
(2) Report.--Not later than April 15, 2021, the Vice
Chairman of the Joint Chiefs of Staff shall submit to the
Committee on Armed Services of the Senate and Committee on
Armed Services of the House of Representatives a report on the
finding of the Vice Chairman with respect to the review
conducted under paragraph (1).
SEC. 112. REPORT AND LIMITATION ON INTEGRATED VISUAL AUGMENTATION
SYSTEM ACQUISITION.
(a) Report Required.--
(1) In general.--Not later than August 15, 2021, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Integrated Visual Augmentation
System (IVAS) subsequent to the completion of operational
testing.
(2) Elements required.--The report required by paragraph
(1) shall include the following:
(A) Certification of the IVAS acquisition strategy,
to include production model costs, full rate production
schedule, and identification of any changes resulting
from operational testing.
(B) Certification of technology levels being
utilized in the full rate production model.
(C) Certification of operational suitability and
soldier acceptability of the production model IVAS.
(b) Limitation on Use of Funds.--Not more than 50 percent of the
amounts authorized to be appropriated by this Act for fiscal year 2021
for procurement of the Integrated Visual Augmentation System may be
obligated or expended until the Secretary submits to the congressional
defense committees the report required under subsection (a).
SEC. 113. 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
two batteries of 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.--Section 112(b)(4) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 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 training and preparation for
operational capability.''.
Subtitle C--Navy Programs
SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-CLASS SUBMARINE PROGRAM.
(a) Contract Authority.--The Secretary of the Navy may enter into a
contract, beginning with fiscal year 2021, for the procurement of up to
two Columbia-class submarines.
(b) Incremental Funding.--With respect to a contract entered into
under subsection (a), the Secretary of the Navy may use incremental
funding to make payments under the contract.
(c) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) total liability of the Federal Government for
termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at time
of termination.
SEC. 122. LIMITATION 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 two different main propulsion engines
and ancillary equipment, including the fuel and lube
oil systems; and
(B) at least two different electrical generators
and ancillary equipment;
(2) final results of test programs of engineering
development models or prototypes for critical systems specified
by the Senior Technical Authority in their final form, fit, and
function and in a realistic environment; 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 Requirements.--The qualification required in
subsection (a)(1) shall include a land-based operational demonstration
of such equipment in the vessel-representative form, fit, and function
for not less than 1,080 continuous hours without preventative
maintenance, corrective maintenance, emergent repair, or any other form
of repair or maintenance.
(c) Requirement to Use Qualified Engines and Generators.--The
Secretary of the Navy shall require that covered programs use only main
propulsion engines and electrical generators that are qualified under
subsection (a)(1).
(d) Limitation.--The Secretary of the Navy may not release a detail
design or construction request for proposals 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.
(e) Definitions.--In this section:
(1) The term ``covered program'' means a program for--
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) The term ``Milestone B approval'' has the meaning given
the term in section 2366(e)(7) of title 10, United States Code.
(3) The term ``milestone decision authority'' means the
official within the Department of Defense designated with the
overall responsibility and authority for acquisition decisions
for the program, including authority to approve entry of the
program into the next phase of the acquisition process.
(4) The term ``Senior Technical Authority'' has the meaning
given the term in section 8669b of title 10, United States
Code.
SEC. 123. 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), is further amended by striking
``for fiscal year 2019 or fiscal year 2020'' and inserting ``for fiscal
years 2019, 2020, or 2021''.
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
Department of the Navy's projected force structure requirements
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 of the Navy 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. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.
(a) Report Required.--Not later than March 1, 2021, the Secretary
of the Navy shall submit to the congressional defense committees a
report with a fighter force structure acquisition strategy that is
aligned with the results of the independent studies required under
section 1064 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1576).The strategy shall establish a
minimum number of F-35 and Next Generation Air Dominance (NGAD)
aircraft that the Navy and Marine Corps would be required to purchase
each year to mitigate or manage strike fighter shortfalls.
(b) Limitation on Deviation From Strategy.--The Department of the
Navy may not deviate from the acquisition strategy established under
subsection (a) until--
(1) the Secretary of the Navy receives a waiver and
justification from the Secretary of Defense; and
(2) 30 days after the Secretary of the Navy notifies the
congressional defense committees of the proposed deviation.
SEC. 126. TREATMENT OF SYSTEMS ADDED BY CONGRESS IN FUTURE PRESIDENT'S
BUDGET REQUESTS.
A procurement quantity of a system authorized by Congress in a
National Defense Authorization Act for a given fiscal year that is
subsequently appropriated by Congress in an amount greater than the
quantity of such system included in the President's annual budget
request submitted to Congress under section 1105 of title 31, United
States Code, for such fiscal year shall not be included as a new
procurement quantity in future annual budget requests.
SEC. 127. REPORT ON CARRIER WING COMPOSITION.
(a) Report.--Not later than May 1, 2021, the Secretary of the Navy,
in consultation with the Chief of Naval Operations and Commandant of
the Marine Corps, shall submit to the congressional defense committees
a report on the optimal composition of the carrier air wing in 2030 and
2040, as well as alternative force design concepts.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An analysis and justification used to reach the 50-50
mix of 4th and 5th generation aircraft for 2030.
(2) An analysis and justification for the optimal mix of
carrier aircraft for 2040.
(3) A plan for incorporating unmanned aerial vehicles and
associated communication capabilities to effectively implement
the future force design.
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 report with a strategy
to ensure full spectrum electromagnetic superiority using the ALQ-249
Next Generation Jammer.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the current procurement strategy of
the ALQ-249 and the analysis of its capability to meet the RF
frequency ranges required in a National Defense Strategy (NDS)
conflict.
(2) An assessment of the ALQ-249's compatibility and
ability to synchronize non-kinetic fires using other Joint
Electronic Warfare (EW) platforms.
(3) A future model of an interlinked/interdependent
electronic warfare menu of options for commanders at tactical,
operational, and strategic levels.
Subtitle D--Air Force Programs
SEC. 141. ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY FOR F-35 JOINT
STRIKE FIGHTER PROGRAM.
(a) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary of Defense may enter into one or more
contracts, beginning with the fiscal year 2020 program year, for the
procurement of economic order quantities of material and equipment for
the F-35 aircraft program for use in procurement contracts to be
awarded for such program during fiscal years 2021 through 2023.
(b) Limitation.--The total amount obligated in fiscal year 2021
under all contracts entered into under subsection (a) shall not exceed
$493,000,000.
(c) Preliminary Findings.--Before entering into a contract under
subsection (a), the Secretary shall make each of the following findings
with respect to such contract:
(1) The use of such a contract will result in significant
savings of the total anticipated costs of carrying out the
program through annual contracts.
(2) The minimum need for the property to be procured is
expected to remain substantially unchanged during the
contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(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
procured, 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 an economic order
quantity contract are realistic.
(6) Entering into the contract will promote the national
security interests of the United States.
(d) Certification Requirement.--Except as provided in subsection
(e), the Secretary of Defense may not enter into a contract under
subsection (a) until 30 days after the Secretary certifies to the
congressional defense committees, in writing, that each of the
following conditions is satisfied:
(1) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most recently available estimates of the program
acquisition unit cost or procurement unit cost for such system
to determine that the estimates of the unit costs are
realistic.
(2) 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 submitted to Congress under section 221 of title 10,
United States Code, for that fiscal year will include the
funding required to execute the program without cancellation.
(3) The contract is a fixed-price type contract.
(4) The proposed contract provides for production at not
less than minimum economic rates given the existing tooling and
facilities.
(5) The Secretary has determined that each of the
conditions described in paragraphs (1) through (6) of
subsection (c) will be met by such contract and has provided
the basis for such determination to the congressional defense
committees.
(6) The determination under paragraph (5) was made after
the completion of a cost analysis performed by the Director of
Cost Assessment and Program Evaluation for the purpose of
section 2334(f)(2) of title 10, United States Code, and the
analysis supports that determination.
(e) Exception.--Notwithstanding subsection (d), the Secretary of
Defense may enter into a contract under subsection (a) on or after
December 1, 2020, if--
(1) the Director of Cost Assessment and Program Evaluation
has not completed a cost analysis of the preliminary findings
made by the Secretary under subsection (c) with respect to the
contract;
(2) the Secretary certifies to the congressional defense
committees, in writing, that each of the conditions described
in paragraphs (1) through (5) of subsection (d) is satisfied;
and
(3) a period of 30 days has elapsed following the date on
which the Secretary submits the certification under paragraph
(2).
SEC. 142. MINIMUM AIRCRAFT LEVELS FOR MAJOR MISSION AREAS.
(a) Minimum Levels.--Except as provided under subsection (b), the
Secretary of the Air Force shall maintain the following minima, based
on Primary Mission Aircraft Inventory (PMAI):
(1) 1,182 Fighter aircraft.
(2) 190 Attack Remotely Piloted Aircraft (RPA).
(3) 92 Bomber aircraft.
(4) 412 Tanker aircraft.
(5) 230 Tactical airlift aircraft.
(6) 235 Strategic airlift aircraft.
(7) 84 Strategic Intelligence, Surveillance, and
Reconnaissance (ISR) aircraft.
(8) 106 Combat Search and Rescue (CSAR) aircraft.
(b) Exceptions.--The Secretary of the Air Force may reduce the
number of aircraft in the PMAI of the Air Force below the minima
specified in subsection (a) only if--
(1) the Secretary certifies to the congressional defense
committees that such reduction is justified by the results of
the new capability and requirements studies; and
(2) a period of 30 days has elapsed following the date on
which the certification is made to the congressional defense
committees under paragraph (1).
(c) Applicability.--The limitation in subsection (a) shall not
apply to aircraft that the Secretary of the Air Force determines, on a
case-by-case basis, to be no longer mission capable because of mishaps,
other damage, or being uneconomical to repair.
SEC. 143. MINIMUM OPERATIONAL SQUADRON LEVEL.
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 a minimum of not fewer than 386
available operational squadrons, or equivalent organizational units,
within the Air Force. In addition to the operational squadrons, the
Secretary shall strive to achieve the following primary mission
aircraft inventory (PMAI) numbers:
(1) 1,680 Fighter aircraft.
(2) 199 Persist attack remotely piloted aircraft (RPA).
(3) 225 Bomber aircraft.
(4) 500 Air refueling aircraft.
(5) 286 Tactical airlift aircraft.
(6) 284 Strategic airlift aircraft.
(7) 55 Command and control aircraft.
(8) 105 Combat search and rescue (CSAR) aircraft.
(9) 30 Intelligence, surveillance, and reconnaissance (ISR)
aircraft.
(10) 179 Special operations aircraft.
(11) 40 Electronic warfare (EW) aircraft.
SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL.
The Secretary of Defense shall submit to the congressional defense
committees recommendations for a minimum number of bomber aircraft,
including penetrating bombers in addition to B-52H aircraft, to enable
the Air Force to carry out its long-range penetrating strike
capability.
SEC. 145. F-35 GUN SYSTEM.
The Secretary of the Air Force shall begin the procurement process
for an alternate 25mm ammunition solution that provides a true full-
spectrum target engagement capability for the F-35A aircraft.
SEC. 146. 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. 147. LIMITATION ON DIVESTMENT OF KC-10 AND KC-135 AIRCRAFT.
The Secretary of Defense may not divest KC-10 and KC-135 aircraft
in excess of the following amounts:
(1) In fiscal year 2021, 6 KC-10 aircraft, including only 3
from primary mission aircraft inventory (PMAI).
(2) In fiscal year 2022, 12 KC-10 aircraft.
(3) In fiscal year 2023, 12 KC-10 and 14 KC-135 aircraft.
SEC. 148. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not take any
action that would prevent the Air Force from maintaining the fleets of
U-2 aircraft or RQ-4 aircraft in their current, or improved,
configurations and capabilities until the Chairman of the Joint
Requirements Oversight Council certifies in writing to the appropriate
committees of Congress that the capability to be fielded at the same
time or before the retirement of the U-2 aircraft or RQ-4 aircraft (as
the case may be) would result in equal or greater capability available
to the commanders of the combatant commands and would not result in
less capacity available to the commanders of the combatant commands.
(b) Waiver.--The Secretary of Defense may waive the certification
requirement under subsection (a) with respect to U-2 aircraft or RQ-4
aircraft if the Secretary--
(1) determines, after analyzing sufficient and relevant
data, that a loss in capacity and capability will not prevent
the combatant commanders from accomplishing their missions at
acceptable levels of risk; and
(2) provides to the appropriate committees of Congress a
certification of such determination and supporting analysis.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 149. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT IN THE EUROPEAN
THEATER.
(a) In General.--The Secretary of the Air Force may not divest F-
15C aircraft in the European theater until the F-15EX aircraft is
integrated into the Air Force and has begun bed down actions in the
European theater.
(b) Waiver.--The Secretary of Defense, after consultation with the
Commander of the United States European Command (EUCOM), may waive the
limitation under subsection (a) if the Secretary certifies to Congress
the divestment is required for the national defense and that there
exists sufficient resources at all times to meet NATO and EUCOM air
superiority requirements for the European theater.
SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND ACQUISITION STRATEGY.
(a) Strategy Required.--Not later than March 1, 2021, the Chief of
Staff of the Air Force (CSAF), in consultation with the Chief of Staff
of the Army (CSA), shall submit to the congressional defense committees
a development and acquisition strategy to procure a capability to
protect air bases and prepositioned sites in contested environments
highlighted in the National Defense Strategy. The strategy should
ensure a solution that is effective against current and emerging cruise
missile and advanced hypersonic missile threats.
(b) Limitation on Use of Operation and Maintenance Funds.--Not more
than 50 percent of the funds authorized to be appropriated by this Act
for fiscal year 2021 for operation and maintenance for the Office of
the Secretary of the Air Force and the Office of the Secretary of the
Army may be obligated or expended until 15 days after submission of the
strategy required under subsection (a).
SEC. 151. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL SYSTEM
LIMITATIONS.
The Secretary of the Air Force shall develop and implement a
complete, one-time solution to the KC-46 aircraft remote visual system
(RVS) operational limitations. Not later than October 1, 2020, the
Secretary shall submit to the congressional defense committees an
implementation strategy for the solution.
SEC. 152. ANALYSIS OF 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 ABMS incorporate the findings of the
analysis.
(2) Congressional notification.--The Joint Requirements
Oversight Council (JROC) 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. 153. STUDIES 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 two independent
studies to devise new measures to assess cost-per-effect for key
mission areas. One of the studies shall be conducted by an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code, and one of the
studies shall be conducted by a federally funded research and
development center.
(b) Scope.--Each 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 of the Air Force
shall, as appropriate, incorporate the findings of the studies
conducted pursuant to subsection (a) in the Air Force's future force
development process. 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 harnessing cost-per-effect
assessments as a key performance parameter within the
Department of Defense's Joint Capabilities Integration and
Development System (JCIDS) requirements process.
SEC. 154. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF SYSTEMS
FOR LOW-COST ATTRIBUTABLE AIRCRAFT TECHNOLOGY PROGRAM.
Not later than October 1, 2020, the Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics shall--
(a) submit to the congressional defense committees an executable
plan for the operational test and utility evaluation of the systems of
the Low-Cost Attributable Aircraft Technology (LCAAT) program of the
Air Force; and
(b) brief the congressional defense committees on such plan.
SEC. 155. PROHIBITION ON RETIREMENT OR DIVESTMENT OF A-10 AIRCRAFT.
The Secretary of Defense may not during fiscal year 2021 divest or
retire any A-10 aircraft, in order to ensure ongoing capabilities to
counter violent extremism and provide close air support and combat
search and rescue in accordance with the National Defense Strategy.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF AIRCRAFT FOR THE NAVY, ARMY,
AND AIR FORCE: ANNUAL PLAN AND CERTIFICATION.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 231 the following new section:
``Sec. 231a. Budgeting for life-cycle cost of aircraft for the Navy,
Army, and Air Force: Annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--Not
later than 45 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--
``(1) a plan for the procurement of the aircraft specified
in subsection (b) for the Department of the Navy, the
Department of the Army, and the Department of the Air Force
developed in accordance with this section; and
``(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)(1) 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 title 10, United States Code, and
National Military Strategy submitted under section 153(b) of title 10,
United States Code.
``(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 Navy, the Department of the Army, and the Department of
the Air Force over the next 30 fiscal years.
``(B) A description of the necessary aviation force
structure to meet the requirements of the national military
strategy of the United States or the most recent Quadrennial
Defense Review, whichever is applicable under paragraph (1).
``(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 or derived from the cost estimate position
of the Office of Cost Analysis and Program Evaluation;
``(ii) if the cost estimate position of the
military department and the cost estimate position of
the Office of Cost Analysis 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 cost between different
services and aircraft are based on similar components
in the life-cycle cost of each program.
``(F) An assessment by the Secretary of Defense of the
extent to which the combined aircraft forces of the Department
of the Navy, the Department of the Army, and the Department of
the Air Force meet the national security requirements of the
United States.
``(3) For any cost estimate required by paragraph (2)(C) or (D),
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 sourced
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 plan is prepared.
``(4) The 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 a fiscal year
provides for funding of the procurement of aircraft for the Department
of the Navy, the Department of the Army, 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 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. Each such report shall include
the following, for the year covered by the report:
``(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.
``(2) Each report submitted under this subsection shall set forth
each item described in paragraph (1) 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) Definition of Budget.--In this section, the term `budget',
with respect to a fiscal year, means the budget for that fiscal year
that is submitted to Congress by the President under section 1105(a) 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 cost of aircraft for the Navy, Army,
and Air Force: Annual plan and
certification.''.
SEC. 172. AUTHORITY TO USE F-35 AIRCRAFT WITHHELD FROM DELIVERY TO
GOVERNMENT OF TURKEY.
The Secretary of the Air Force is authorized to utilize, modify,
and operate the 6 F-35 aircraft that were accepted by the Government of
Turkey but never delivered because Turkey was suspended from the F-35
program.
SEC. 173. TRANSFER FROM COMMANDER OF UNITED STATES STRATEGIC COMMAND TO
CHAIRMAN OF THE JOINT CHIEFS OF STAFF OF RESPONSIBILITIES
AND FUNCTIONS RELATING TO ELECTROMAGNETIC SPECTRUM
OPERATIONS.
(a) Transfer.--Not later than one year after the date of the
enactment of this Act and subject to subsection (c), the Secretary of
Defense shall transition to the Chairman of the Joint Chiefs of Staff
as a Chairman's Controlled Activity all of the responsibilities and
functions of the Commander of United States Strategic Command that are
germane to electromagnetic spectrum operations, 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) Responsibility of Vice Chairman of the Joint Chiefs of Staff as
the Electronic Warfare Senior Designated Official.--The Vice Chairman
of the Joint Chiefs of Staff, as the Electronic Warfare Senior
Designated Official, shall be responsible for the following:
(1) Executing the functions transitioned to the Chairman of
the Joint Chiefs of Staff under subsection (a).
(2) Overseeing, with the Chief Information Officer of the
Department of Defense, the development and implementation of
the Electromagnetic Spectrum Superiority Strategy of the
Department of Defense and subsequent Department-wide
electromagnetic spectrum and electronic warfare strategies.
(3) Managing the Joint Electronic Warfare Center and the
Joint Electromagnetic Preparedness for Advanced Combat
organizations.
(4) Overseeing, through the Joint Requirements Oversight
Council and the Electromagnetic Spectrum Operations cross-
functional team, the acquisition activities of the military
services as they relate to electromagnetic spectrum operations.
(5) Overseeing and, as appropriate, setting standards for
the individual and unit training programs of the military
services and the joint training and mission rehearsal programs
of the combatant commands as they relate to electromagnetic
spectrum operations.
(6) Overseeing the development of tactics, techniques, and
procedures germane to electromagnetic spectrum operations.
(7) Overseeing the integration of electromagnetic spectrum
operations into operation plans and contingency plans.
(8) Developing and integrating into the joint warfighting
concept operational concepts for electromagnetic spectrum
operations, including the following:
(A) The roles and responsibilities of each of the
military services and their primary contributions to
the joint force.
(B) The primary targets for offensive
electromagnetic spectrum operations and their alignment
to the military services and relevant capabilities.
(C) The armed forces' positioning, scheme of
maneuver, kill chains, and tactics, techniques, and
procedures, as appropriate, to conduct offensive
electromagnetic spectrum operations.
(D) The armed forces' positioning, scheme of
maneuver, kill chains, and tactics, techniques, and
procedures, as appropriate, to detect, disrupt, avoid,
or render ineffective adversary electromagnetic
spectrum operations.
(c) Period of Effect of Transfer.--
(1) In general.--The transfer required by subsection (a)
and the responsibilities specified in subsection (b) shall
remain in effect until such date as the Chairman of the Joint
Chiefs of Staff considers appropriate, except that such date
shall not be earlier than the date that is 180 days after the
date on which the Chairman submits to the congressional defense
committees notice that--
(A) the Chairman has made a determination that--
(i) the military services', geographic
combatant commands', and functional combatant
commands' electromagnetic spectrum operations
expertise, capabilities, and execution are
sufficiently robust; and
(ii) an alternative arrangement described
in paragraph (2) is justified; and
(B) the Chairman intends to transfer
responsibilities and activities in order to carry out
such alternative arrangement.
(2) Alternative arrangement described.--An alternative
arrangement described in this paragraph is an arrangement in
which certain oversight, advocacy, and coordination functions
allotted to the Chairman or Vice Chairman of the Joint Chiefs
of Staff by subsections (a) and (b) are performed either by a
single combatant command or by the individual geographic and
functional combatant commands responsible for executing
electromagnetic spectrum operations with long-term supervision
by the Chairman or Vice Chairman of the Joint Chiefs of Staff.
(d) Evaluations of Armed Forces.--
(1) In general.--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 conduct and complete an evaluation of the
armed forces for their respective military services and their
ability to perform the electromagnetic spectrum operations
missions required of them in--
(A) the Electromagnetic Spectrum Superiority
Strategy;
(B) the Joint Staff-developed concept of
operations; and
(C) the operation and contingency plans of the
combatant commanders.
(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.
(e) Evaluation of Combatant Commands.--
(1) In general.--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 conduct and complete an evaluation of the plans and
posture of their respective commands to execute the
electromagnetic spectrum operations envisioned in--
(A) the Electromagnetic Spectrum Superiority
Strategy; and
(B) the Joint Staff-developed concept of
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.
(f) 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 Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives on the
implementation of this section by each of the Joint Staff, the military
services, and the combatant commands.
SEC. 174. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.
(a) Cryptographic Modernization Schedules Required.--Each of the
Secretaries of the military departments and the heads of relevant
defense agencies and field activities shall establish and maintain a
cryptographic modernization schedule that specifies, for each pertinent
weapon system, command and control system, or data link, including
those that use commercial encryption technologies, as relevant, the
following:
(1) The expiration date or cease key date 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.
(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, 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 military service 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 of the Department and the Joint Staff
Director for Command, Control, Communications, and Computers/Cyber
shall jointly submit to the congressional defense committees
notification of all--
(1) delays to or planned delays of military service 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. 175. PROHIBITION ON PURCHASE OF ARMED OVERWATCH AIRCRAFT.
The Secretary of the Air Force may not purchase any aircraft for
the Air Force Special Operations Command for the purpose of ``armed
overwatch'' until such time as the Chief of Staff of the Air Force
certifies to the congressional defense committees that general purpose
forces of the Air Force do not have the skill or capacity to provide
close air support and armed overwatch to United States forces deployed
operationally.
SEC. 176. SPECIAL OPERATIONS ARMED OVERWATCH.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act for the Department of Defense may be used to acquire armed
overwatch aircraft for the United States Special Operations Command,
and the Department of Defense may not acquire armed overwatch aircraft
for the United States Special Operations Command in fiscal year 2021.
(b) Analysis Required.--
(1) In general.--Not later than July 1, 2021, the Secretary
of Defense, in coordination with the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict and
the Commander of the United States Special Operations Command,
shall conduct an analysis to define the special operations-
peculiar requirements for armed overwatch aircraft and to
determine whether acquisition of a new special operations-
peculiar platform is the most cost effective means of
fulfilling such requirements.
(2) Elements.--At a minimum, the analysis of alternatives
required under paragraph (1) shall include--
(A) a description of the concept of operations for
employing armed overwatch aircraft in support of ground
forces;
(B) an identification of geographic regions in
which armed overwatch aircraft could be deployed;
(C) an identification of the most likely
antiaircraft threats in geographic areas where armed
overwatch aircraft will be deployed and possible
countermeasures to defeat such threats;
(D) a defined requirement for special operations-
peculiar armed overwatch aircraft, including an
identification of threshold and objective performance
parameters for armed overwatch aircraft;
(E) an analysis of alternatives comparing various
manned and unmanned aircraft in the current aircraft
inventory of the United States Special Operations
Command and a new platform for meeting requirements for
the armed overwatch mission, including for each
alternative considered;
(F) an identification of any necessary aircraft
modifications and the associated cost;
(G) the annual cost of operating and sustaining
such aircraft;
(H) an identification of any required military
construction costs;
(I) an explanation of how the acquisition of a new
armed overwatch aircraft would impact the overall fleet
of special operations-peculiar aircraft and the
availability of aircrews and maintainers;
(J) an explanation of why existing Air Force and
United States Special Operations Command close air
support and airborne intelligence capabilities are
insufficient for the armed overwatch mission; and
(K) any other matters determined relevant by the
Secretary of Defense.
SEC. 177. AUTONOMIC LOGISTICS INFORMATION SYSTEM REDESIGN STRATEGY.
Not later than October 1, 2020, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the F-35 Program
Executive Officer, shall--
(1) submit to the congressional defense committees a report
describing a program-wide process for measuring, collecting,
and tracking information on how the Autonomic Logistics
Information System (ALIS) is affecting the performance of the
F-35 fleet, including its effects on mission capability rates;
and
(2) implement a strategy for the redesign of ALIS,
including the identification and assessment of goals, key risks
or uncertainties, and costs of redesigning the system.
SEC. 178. CONTRACT AVIATION SERVICES IN A COUNTRY OR IN AIRSPACE IN
WHICH A SPECIAL FEDERAL AVIATION REGULATION APPLIES.
(a) In General.--When the Department of Defense contracts for
aviation services to be performed in a foreign country, or in airspace,
in which a Special Federal Aviation Regulation issued by the Federal
Aviation Administration would preclude operation of such aviation
services by an air carrier or commercial operator of the United States,
the Secretary of Defense (or a designee of the Secretary) shall--
(1) obtain approval from the Administrator of the Federal
Aviation Administration (or a designee of the Administrator)
for the air carrier or commercial operator of the United States
to deviate from the Special Federal Aviation Regulation to the
extent necessary to perform such aviation services;
(2) designate the aircraft of the air carrier or commercial
operator of the United States to be State Aircraft of the
United States when performing such aviation services; or
(3) use organic aircraft to perform such aviation services
in lieu of aircraft of an air carrier or commercial operator of
the United States.
(b) Construction of Designation.--The designation of aircraft of an
air carrier or commercial operator of the United States as State
Aircraft of the United States under subsection (a)(2) shall have no
effect on Federal Aviation Administration requirements for--
(1) safety oversight responsibility for the operation of
aircraft so designated, except for those activities prohibited
or restricted by an applicable Special Federal Aviation
Regulation; and
(2) any previously issued nonpremium aviation insurance or
reinsurance policy issued to the air carrier or commercial
operator of the United States for the duration of aviation
services performed as a State Aircraft of the United States
under that subsection.
SEC. 179. F-35 AIRCRAFT MUNITIONS.
The Secretary of the Air Force and the Secretary of the Navy shall
qualify and certify, for the use of United States forces, additional
munitions on the F-35 aircraft that are already qualified on NATO
member F-35 partner aircraft.
SEC. 180. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
ACQUISITION ROADMAP FOR 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, at a minimum, 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 special
operations-peculiar capability gaps.
(4) A description of the future 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) An explanation of the anticipated mix of manned and
unmanned aircraft, number of platforms, and associated aircrew
and maintainers.
(6) 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 how such
capabilities will supplement and integrate with the organic
capabilities possessed by United States Special Operations
Forces.
(7) Any other matters deemed relevant by the Assistant
Secretary and Commander.
SEC. 181. REQUIREMENT TO ACCELERATE THE FIELDING AND DEVELOPMENT OF
COUNTER UNMANNED AERIAL SYSTEMS ACROSS THE JOINT FORCE.
(a) Priority Objectives for Executive Agent for C-UAS.--The
Executive Agent of the Joint Counter Small Unmanned Aerial Systems (C-
sUAS) Office, as designated by the Under Secretary of Defense,
Acquisition and Sustainment, shall prioritize the following objectives:
(1) Select counter unmanned aerial systems that can be
fielded as early as fiscal year 2021 to meet immediate
operational needs in countering Group 1, 2, and 3 unmanned
aerial systems with the potential to expand to other larger
systems.
(2) Devise and execute a near-term plan to develop and
field a select set of counter unmanned aerial systems to meet
joint force requirements, beginning in fiscal year 2021.
(b) Fielding C-UAS Systems in Fiscal Year 2021.--Pursuant to
subsection (a)(1), the Executive Agent shall prioritize the selection
of counter unmanned aerial systems that can be fielded in fiscal year
2021 with specific emphasis on systems that--
(1) have undergone effective combat validations;
(2) meet the operational demands of deployed forces facing
the most significant threats, especially unmanned aerial
systems that are not remotely piloted or are not reliant on a
command link; and
(3) utilize autonomous systems and processes that increase
operational effectiveness, reduce the manning demands on
operational forces, and limit the need for government-funded
contractor logistics support.
(c) Near-term Development Plan.--The plan for the near-term
development of counter unmanned aerial systems prioritized under
subsection (a)(2) shall ensure, at a minimum, that the development of
such systems--
(1) builds, as much as practicable, upon systems that were
selected for fielding in fiscal year 2021 and the criteria
prioritized for their selection, as specified in subsection
(b);
(2) reduces or accelerates the timeline for initial
operational capability and full operational capability;
(3) utilizes a software-defined, family-of-systems approach
that enables 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
(4) gives preference to commercial items, as required in
section 3307 of title 41, United States Code, when making
selections of counter unmanned aerial systems or component
parts, including a common command and control system.
(d) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Executive Agent shall brief the
congressional defense committees on the selection process for counter
unmanned aerial systems capabilities prioritized under paragraph (1) of
subsection (a) and the plan prioritized under paragraph (2) of such
subsection.
(e) Oversight.--The Executive Agent shall--
(1) oversee the program management and execution of all
counter unmanned aerial systems being developed within the
military departments on the day before the date of the
enactment of this Act; and
(2) ensure that the plan prioritized under subsection
(a)(2) guides future programmatic and funding decisions for
activities relating to counter unmanned aerial systems,
including cancellation of such activities.
SEC. 182. JOINT ALL DOMAIN COMMAND AND CONTROL REQUIREMENTS.
(a) Production of Requirements by Joint Requirements Oversight
Council.--Not later than October 1, 2020, the Joint Requirements and
Oversight Council (JROC) shall produce requirements for the Joint All
Domain Command and Control (JADC2) program.
(b) Air Force Certification.--Immediately after the certification
of requirements produced under subsection (a), the Chief of Staff of
the Air Force shall submit to the congressional defense committees a
certification that the current JADC2 effort, including programmatic and
architecture efforts, being led by the Air Force will meet the
requirements laid out by the JROC.
(c) Certification by Other Services.-- Not later than January 1,
2021, the chief of each other military service shall submit to the
congressional defense committees a certification whether that service's
efforts on multi-domain command and control are compatible with the Air
Force-led JADC2 architecture.
(d) Budgeting.--The Secretary of Defense shall incorporate the
expected costs for full development and implementation of the JADC2
program across the Department in the President's budget submission to
Congress for fiscal year 2022 under section 1105 of title 31, United
States Code.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DESIGNATION AND ACTIVITIES OF SENIOR OFFICIALS FOR CRITICAL
TECHNOLOGY AREAS SUPPORTIVE OF THE NATIONAL DEFENSE
STRATEGY.
(a) Designation of Senior Officials.--The Under Secretary for
Research and Engineering shall designate a set of senior officials to
coordinate research and engineering in such technology areas as the
Under Secretary considers critical for the support of the National
Defense Strategy.
(b) Duties.--The duties of the senior officials designated under
subsection (a) shall include, within their respective technology
areas--
(1) developing and continuously updating research and
technology development roadmaps, associated funding strategies,
and associated technology transition strategies to ensure
effective and efficient development of new capabilities and
operational use of appropriate technologies;
(2) annual assessments of workforce, infrastructure, and
industrial base capabilities and capacity to support the
roadmaps developed under paragraph (1) and 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 military services, 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
achieving the research and technology development goals
of the National Defense Strategy; and
(C) projects and activities with unwanted or
inefficient duplication, including with other
government agencies and the commercial sector, lack of
appropriate coordination with relevant organizations,
or inappropriate alignment with organizational missions
and capabilities;
(4) coordinating research and engineering activities of the
Department with appropriate international, interagency, and
private sector organizations; and
(5) tasking the appropriate intelligence agencies to
develop a direct comparison between the capabilities of the
United States and the capabilities of adversaries of the United
States.
(c) Annual Reports.--
(1) In general.--Not later than December 1, 2021, and not
later than December 1 of each year thereafter until December 1,
2025, the Under Secretary shall submit to the congressional
defense committees a report of successful examples of research
and engineering activities that have--
(A) achieved significant technical progress;
(B) transitioned to formal acquisition programs;
(C) transitioned into operational use; or
(D) transferred for further commercial development
or commercial sales.
(2) Form.--Each report submitted under paragraph (1) shall
be submitted in a publicly releasable format, but may include a
classified annex.
(d) Coordination of Research and Engineering Activities.--The
Service Acquisition Executive for each military services 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).
SEC. 212. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--In carrying out the responsibilities established
in section 142 of title 10, United States Code, the Chief Information
Officer (CIO) of the Department of Defense shall--
(1) lead the cross-functional team established pursuant to
subsection (c); and
(2) serve as the senior designated official for fifth-
generation wireless networking (commonly known as ``5G'')
policy, oversight, guidance, research, and coordination in the
Department.
(b) Responsibilities.--The Chief Information Officer shall have,
with respect to authorities referenced in subsection (a), the following
responsibilities:
(1) Proposing governance, management, and organizational
policy for fifth-generation wireless networking to the
Secretary of Defense, in consultation with the heads of the
constituent organizations of the cross-functional team
established pursuant to subsection (c).
(2) Leading the cross-functional team established pursuant
to subsection (c).
(c) Cross-functional Team for Fifth-generation Wireless
Networking.--
(1) Establishment required.--The Secretary of Defense
shall, in accordance with section 911(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 111 note), establish a cross-functional team for
fifth-generation wireless networking in order--
(A) to advance the adoption of commercially
available next generation wireless communication
technologies, capabilities, security, and applications
by the Department of Defense and the defense industrial
base; and
(B) to support public-private partnership between
the Department and industry regarding fifth-generation
wireless networking.
(2) Purpose.--The purpose of the cross-functional team
established pursuant to paragraph (1) shall be the--
(A) oversight of the implementation of the strategy
developed as required by section 254 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) for harnessing fifth-generation wireless
networking technologies, coordinated across all
relevant elements of the Department;
(B) coordination of research and development,
implementation and acquisition activities, warfighting
concept development, spectrum policy, industrial policy
and commercial outreach and partnership relating to
fifth-generation wireless networking in the Department,
and interagency and international engagement;
(C) integration of the Department's fifth-
generation wireless networking programs and policies
with major Department initiatives, programs, and
policies surrounding secure microelectronics and
command and control; and
(D) oversight, coordination, execution, and
leadership of initiatives to advance fifth-generation
wireless network technologies and associated
applications developed for the Department.
(d) Roles and Responsibilities.--The Secretary of Defense, through
the cross-functional team established under subsection (c), shall
define the roles of the organizations within the Office of the
Secretary of Defense, Department of Defense intelligence components,
military services, defense agencies and field activities, combatant
commands, and the Joint Staff, for fifth-generation wireless networking
policy and programs within the Department.
(e) Briefing.--Not later than March 15, 2021, the Secretary shall
submit to the congressional defense committees a briefing on the
establishment of the cross-functional team pursuant to subsection (c)
and the roles and responsibilities defined pursuant to subsection (d).
(f) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
as providing the Chief Information Officer immediate
responsibility for the Department's activities 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. 213. 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. 214. EXTENSION OF AUTHORITIES TO ENHANCE INNOVATION AT DEPARTMENT
OF DEFENSE LABORATORIES.
(a) Extension of Pilot Program for the Enhancement of the Research,
Development, Test, and Evaluation Centers of the Department of
Defense.--Section 233(e) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended
by striking ``September 30, 2022'' and inserting ``September 30,
2025''.
(b) 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. 215. 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), as
amended by section 220 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further 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. 216. PROGRAM OF PART-TIME AND TERM EMPLOYMENT AT DEPARTMENT OF
DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES
OF FACULTY AND STUDENTS FROM INSTITUTIONS OF HIGHER
EDUCATION.
(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 to provide part-time or term employment in Department of
Defense science and technology reinvention laboratories for--
(1) faculty of institutions of higher education who have
expertise in science, technology, engineering, or mathematics
to conduct research projects in such laboratories; and
(2) students at such institutions to assist such faculty in
conducting such research projects.
(b) Number of Positions.--
(1) In general.--Not later than one year after the date of
the commencement of the program established under subsection
(a), the Secretary shall, under such program, establish at
least 10 positions of employment described in such subsection
for faculty described in paragraph (1) of such subsection.
(2) Artificial intelligence and machine learning.--Of the
positions established under paragraph (1), at least five of
such positions shall be for faculty conducting research in the
area of artificial intelligence and machine learning.
(c) Selection.--The Secretary, acting through the directors of the
laboratories described in subsection (a), shall select faculty
described in paragraph (1) of such subsection for participation in the
program established under such subsection on the basis of--
(1) the academic credentials and research experience of the
faculty;
(2) the potential contribution to Department objectives by
the research that will be conducted by the faculty under the
program; and
(3) the qualifications of any students who will be
assisting the faculty in such research and the role and
credentials of such students.
(d) Authorities.--In carrying out the program established under
subsection (a), the Secretary and the directors of the laboratories
described in such subsection may--
(1) use any hiring authority available to the Secretary or
the directors, including any authority available under a
laboratory demonstration program, direct hiring authority under
section 1599h of title 10, United States Code, and expert
hiring authority under section 3109 of title 5, United States
Code;
(2) utilize cooperative research and development agreements
under section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) to enable sharing of research and
expertise with institutions of higher education and the private
sector; and
(3) provide referral bonuses to program participants who
identify students to assist in a research project under the
program or to participate in laboratory internship programs and
the Pathways Internship Program.
(e) Annual Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and not less frequently than once
each year thereafter until the date that is three years after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the program established under
subsection (a).
(2) Contents of first report.--The first report submitted
under paragraph (1) shall address, at a minimum, the following:
(A) The number of faculty and students employed
under the program.
(B) The laboratories employing such faculty and
students.
(C) The types of research conducted or to be
conducted by such faculty or students.
(3) Contents of subsequent reports.--Each report submitted
under paragraph (1) after the first report shall address, at a
minimum, the following:
(A) The matters set forth in subparagraphs (A)
through (C) of paragraph (2).
(B) The number of interns and recent college
graduates hired pursuant to referrals under subsection
(d)(3).
(C) The results of research conducted under the
program.
(f) Department of Defense Science and Technology Reinvention
Laboratory Defined.--In this section, the term ``Department of Defense
science and technology reinvention laboratory'' means the entities
designated by section 1105(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note).
SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP
OF DEPARTMENT OF DEFENSE.
(a) Modification Regarding Basic Pay.--Subsection (a)(4)(A) of
section 235 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended--
(1) by striking ``equivalent to'' and inserting ``not less
than''; and
(2) by inserting ``and not more than the rate of basic pay
payable for a position at level 15 of such schedule'' before
the semicolon.
(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 considers appropriate for
participation in the fellows program.''.
SEC. 218. DEPARTMENT OF DEFENSE RESEARCH, DEVELOPMENT, AND DEPLOYMENT
OF TECHNOLOGY TO SUPPORT WATER SUSTAINMENT.
(a) In General.--The Secretary of Defense shall research, develop,
and deploy advanced technologies that support water sustainment with
technologies that capture ambient humidity and harvest, recycle, and
reuse water.
(b) Goal.--Under subsection (a), the Secretary shall seek to
develop water systems that reduce weight and logistics support and
transition such advanced technologies for use by expeditionary forces
by January 1, 2025.
(c) Modular Platforms.--In carrying out subsection (a), the
Secretary shall develop the following:
(1) Modular platforms that are easily transportable.
(2) Trailer mounted systems that will reduce resupply.
(3) Storage requirements at forward operating bases.
(d) Partnerships and Existing Techniques and Technologies.--In
carrying out subsection (a), the Secretary shall seek--
(1) to enter into partnerships with foreign militaries and
organizations that have proven they have the ability to operate
in water constrained areas;
(2) to leverage existing techniques and technologies; and
(3) to apply such techniques and technologies to military
operations carried out by the United States.
(e) Commercial Off-the-shelf Technologies.--In carrying out
subsection (a), in addition to technology described in such subsection,
the Secretary shall consider using commercial off-the-shelf
technologies for cost savings and near ready deployment technologies to
enable warfighters to be more self-sufficient.
(f) Cross Functional Teams.--In carrying out subsection (a), the
Secretary shall establish cross functional teams to determine regions
where deployment of water harvesting technologies could reduce conflict
and potentially eliminate the need for the presence of the Armed
Forces.
SEC. 219. DEVELOPMENT AND TESTING OF HYPERSONIC CAPABILITIES.
(a) Sense of Congress on Hypersonic Capabilities.--It is the sense
of Congress that development of hypersonic capabilities is a key
element of the National Defense Strategy.
(b) Improving Ground-based Test Facilities.--The Secretary of
Defense shall take such actions as may be necessary to improve ground-
based test facilities for the development of hypersonic capabilities,
such as improving wind tunnels.
(c) Increasing Flight Test Rate.--The Secretary shall increase the
flight test rate to expedite the maturation and fielding of hypersonic
technologies.
(d) Strategy and Plan.--
(1) In general.--Not later than December 30, 2020, the
Under Secretary of Defense for Research and Engineering, in
consultation with the Chief of Staff of the Air Force, shall
submit to the congressional defense committees an executable
strategy and plan to field air-launched and air-breathing
hypersonic weapons capability before the date that is three
years after the date of the enactment of this Act.
(2) Testing and infrastructure.--The strategy and plan
submitted under paragraph (1) shall cover required investments
in testing and infrastructure to address the need for both
flight and ground testing.
SEC. 220. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF
DEFENSE RESEARCH AND DEVELOPMENT GRANTS.
(a) Disclosure Requirements.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2374b. Disclosure requirements for recipients of research and
development grants
``An individual or entity (including a State or local government)
that receives Department of Defense grant funds for research and
development shall clearly state in any statement, press release, or
other document describing the program, project, or activity funded
through such grant funds, other than a communication containing not
more than 280 characters, the dollar amount of Department grant funds
made available for the program, project, or activity.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by adding at
the end the following new item:
``2374b. Disclosure requirements for recipients of research and
development grants.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2021, and shall apply with respect to grants
for research and development that are awarded by the Department of
Defense on or after that date.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. 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, 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 subsection, the
term ``intelligence community'' has the meaning given such term in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 232. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND THE
UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN
NATIONAL SECURITY-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 Department of
Defense.
(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 relevant researchers.
(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) A list of findings and recommendations relating
to policies that can be implemented by the United
States, especially the Department of Defense, 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
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.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified formats,
but may include a classified annex.
SEC. 233. DEPARTMENT OF DEFENSE DEMONSTRATION OF VIRTUALIZED RADIO
ACCESS NETWORK AND MASSIVE MULTIPLE INPUT MULTIPLE OUTPUT
RADIO ARRAYS FOR FIFTH GENERATION WIRELESS NETWORKING.
(a) Demonstration Required.--The Secretary of Defense shall carry
out a demonstration to demonstrate the maturity, performance, and cost
of covered technologies in order to provide additional options for
providers of fifth-generation (5G) wireless networking services.
(b) Covered Technologies.--For purposes of this section, a covered
technology is--
(1) a disaggregated or virtualized radio access network and
core where components can be provided by different vendors and
interoperate through open protocols and interfaces; and
(2) one or more massive multiple input and multiple output
radio arrays provided by United States companies that have the
potential to compete favorably with radios produced by foreign
companies in terms of cost, performance, and efficiency.
(c) Location.--The Secretary shall carry out the demonstration
under subsection (a) at at least one site where the Secretary of
Defense plans to deploy a fifth-generation wireless network.
(d) Coordination.--The Secretary shall carry out the demonstration
under subsection (a) in coordination with at least one major United
States wireless network service provider.
SEC. 234. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS
COMMISSION ORDER 20-48.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the National Academies
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 30 days
after the date of the enactment of this Act.
(b) Independent Technical Review.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under subsection (a), the National Academies of
Sciences, Engineering, and Medicine shall carry out an
independent technical review of the Order and Authorization
adopted by the Federal Communications Commission on April 19,
2020 (FCC 20-48), to the extent that such order and
authorization affects the devices, operations, or activities of
the Department of Defense.
(2) Elements.--The independent technical review carried out
under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on
which the Commission relied for the order and
authorized described in paragraph (1) to evaluate the
potential harmful interference concerns relating to
Global Positioning System devices, with a
recommendation on which method most effectively
mitigates risks of harmful interference with Global
Positioning System devices of the Department, or
relating to or with the potential to affect the
operations and activities of the Department.
(B) Assessment of the potential for harmful
interference to mobile satellite services, including
commercial services and Global Positioning System
services of the Department, or relating to or with the
potential to affect the operations and activities of
the Department.
(C) Review of the feasibility, practicality, and
effectiveness of the proposed mitigation measures
relating to, or with the potential to affect, the
devices, operations, or activities of the Department.
(D) Development of recommendations associated with
the findings of the National Academies of Sciences,
Engineering, and Medicine in carrying out the
independent technical review.
(E) Such other matters as the National Academies of
Sciences, Engineering, and Medicine determines
relevant.
(c) Report.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under subsection (a), the National Academies of
Sciences, Engineering, and Medicine shall, not later than nine
months after the date of the execution of such agreement, the
National Academies of Sciences, Engineering, and Medicine shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on the findings of the National Academies of Sciences,
Engineering, and Medicine with respect to the independent
technical review carried out under subsection (b) and the
recommendations developed pursuant to such review.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified formats,
but may include a classified annex.
SEC. 235. REPORT ON MICRO NUCLEAR REACTOR PROGRAMS.
(a) Report Required.--The Secretary of Defense shall submit to the
appropriate congressional committees a report on the micro nuclear
reactor programs of the Department of Defense.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Potential operational uses on United States and non-
United States territory, including both mobile and fixed
systems.
(2) Cost and schedule estimates for each new or ongoing
program to reach initial operational capability, including the
timeline for transition of any program currently funded using
defense-wide funds to one or more military services and the
identified transition partner in such military services.
(3) In consultation with the Assistant Secretary of Defense
for Nuclear, Chemical, and Biological Defense programs, an
assessment of physical security requirements for use of such
reactors on domestic military installations and non-United
States nondomestic installations or locations, including fully
permissive, semi-permissive, and remote environments, including
a preliminary design basis threat analysis.
(4) In coordination with the Secretary of State--
(A) an assessment of any agreements or changes to
agreements that would be required for use of such
reactors on non-United States territory;
(B) an assessment of applicability of foreign
regulations or International Atomic Energy Agency
safeguards for use on non-United States territory; and
(C) other policy implications of deployment of such
systems on non-United States territory.
(5) In coordination with the Chairman of the Nuclear
Regulatory Commission, a summary of licensing requirements for
operation of such systems on United States territory.
(6) A summary of requirements pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
development and operation on United States territory.
(7) In consultation with the General Counsel of the
Department of Defense, an assessment of any issues relating to
indemnification for operation on United States or non-United
States territory and any other relevant legal matters.
(8) In coordination with the Secretary of State and the
Secretary of Energy, a determination of whether development,
production, and deployment of such systems would require
unobligated enriched uranium fuel.
(9) If the determination in paragraph (8) is that
unobligated fuel would be required, in coordination with the
Administrator for Nuclear Security, an assessment of the
availability of such unobligated enriched uranium fuel, by
year, for the estimated life of the program, considered with
other United States Government demands for such fuel, including
tritium production, naval nuclear propulsion, and medical
isotope production.
(10) Any other considerations the Secretary determines
relevant.
(c) Consultation.--In addition to consultation and coordination
required under subsection (b), the Secretary shall, in producing the
report required by subsection (a), consult with the Secretary of the
Army, the Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Policy, the Director of Naval Nuclear Propulsion, and such
other officials as the Secretary considers necessary.
(d) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Energy and Natural
Resources, the Committee on Environment and Public
Works, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Energy and
Commerce, the Committee on Natural Resources, and the
Committee on Foreign Affairs of the House of
Representatives.
(2) The term ``micro nuclear reactor''means a nuclear
reactor with a production capacity of less than 20 megawatts.
SEC. 236. 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--
(1) 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,'' ; and
(2) in the second sentence, by striking ``thirty fiscal
years'' and inserting ``15 fiscal years''.
(c) Amendment to Contents of Plan.--Subsection (d)(2) of such
section, as amended by subsection (a)(2), is further amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively; and
(3) in subparagraph (B), as redesignated by paragraph (2),
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. 237. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED VESSELS.
(a) Limitation.--None of the funds authorized to be appropriated
for fiscal year 2021 by section 201 for research, development, test,
and evaluation may be used for the award of a contract for a covered
vessel until the date that is 30 days after the date on which the Under
Secretary of Defense for Research and Engineering submits 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).
(3) A large displacement unmanned undersea vehicle (LDUUV).
(4) An extra-large unmanned undersea vehicle (XLUUV).
(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; and
(B) on the findings of the Under Secretary with
respect to such assessment; and
(2) a certification, submitted to the congressional defense
committees with the report described in paragraph (1), that
certifies that--
(A) the Under Secretary has determined, in
conjunction with the Senior Technical Authority
designated under section 8669b(a)(1) of title 10,
United States Code, 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; 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) Critical Mission, Hull, Mechanical, and Electrical Subsystems
Defined.--In this section, the term ``critical mission, hull,
mechanical, and electrical subsystems'', with respect to a covered
vessel, includes the following subsystems:
(1) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance.
(2) Autonomous vessel navigation, vessel control, contact
management, and contact avoidance.
(3) Communications security, including cryptopgraphy,
encryption, and decryption.
(4) Main engines, including the lube oil, fuel oil, and
other supporting systems.
(5) Electrical generation and distribution, including
supporting systems.
(6) Military payloads.
(7) Any other subsystem identified as critical by the
Senior Technical Authority designated under section 8669b(a)(1)
of title 10, United States Code, for the class of naval vessels
that includes the covered vessel.
SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED BATTLE MANAGEMENT
SYSTEM.
(a) Documentation Required.--Immediately upon the enactment of this
Act, the Secretary of the Air Force shall submit to the congressional
defense committees the following documentation relating to the Advanced
Battle Management System:
(1) A list that identifies each program, project, and
activity that contributes to the architecture of the Advanced
Battle Management System.
(2) The final analysis of alternatives for the Advanced
Battle Management System.
(3) The requirements for the networked data architecture
necessary for the Advanced Battle Management System to provide
multidomain command and control and battle management
capabilities and a development schedule for such architecture.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act for fiscal year 2021 for operations and maintenance for the Office
of the Secretary of the Air Force, not more than 25 percent may be
obligated until the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the documentation required by subsection (a) and the Vice
Chairman of the Vice Chairman of the Joint Chiefs certifies the
documentation.
(c) Advanced Battle Management System.--In this section, the term
``Advanced Battle Management System'' means the Advanced Battle
Management System of Systems capability of the Air Force, including
each program, project, and activity that contributes to such
capability.
SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST SPECIAL
PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL THINKING.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall establish a special purpose test
adjunct to the Armed Services Vocational Aptitude Battery test to
address computational thinking skills relevant to military
applications, including problem decomposition, abstraction, pattern
recognition, analytical ability, the identification of variables
involved in data representation, and the ability to create algorithms
and solution expressions.
SEC. 240. REPORT ON USE OF TESTING FACILITIES TO RESEARCH AND DEVELOP
HYPERSONIC TECHNOLOGY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the costs and benefits of the use and potential
refurbishment of existing operating and mothballed Federal research and
testing facilities to support hypersonics activities of the Department
of Defense.
SEC. 241. STUDY AND PLAN ON THE USE OF ADDITIVE MANUFACTURING AND
THREE-DIMENSIONAL BIOPRINTING IN SUPPORT OF THE
WARFIGHTER.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of additive manufacturing and three-dimensional bioprinting across
the Military Health System.
(b) Elements.--The study required by subsection (a) shall examine
the activities currently underway by each of the military services and
the Department agencies, including costs, sources of funding,
oversight, collaboration, and outcomes.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the results of the
study conducted under subsection (a).
SEC. 242. 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 Sta. 1291) is amended by
adding at end the following new subparagraph:
``(J) Efforts to work with academic consortia on
high priority cybersecurity research activities.''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS TO ENSURE RESTORATION
OF CONTAMINATION BY PERFLUOROOCTANE SULFONATE AND
PERFLUOROOCTANOIC ACID.
(a) Definition for PFOA and PFOS.--Section 2700 of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
``(4) The term `perfluorooctane sulfonate' means
perfluorooctane sulfonic acid or sulfonate (commonly referred
to as `PFOS') (Chemical Abstracts Service No. 1763-23-1) and
the salts associated with perfluorooctane sulfonic acid or
sulfonate (Chemical Abstracts Service Nos. 2795-39-3, 29457-72-
5, 56773-42-3, 29081-56-9, and 70225-14-8).
``(5) The term `perfluorooctanoic acid' means
perfluorooctanoic acid (commonly referred to as `PFOA')
(Chemical Abstracts Service No. 335-67-1) and the salts
associated with perfluorooctanoic acid (Chemical Abstracts
Service Nos. 3825-26-1, 335-95-5, and 68141-02-6).''.
(b) Modification of Environmental Restoration Accounts.--Section
2703 of such title is amended--
(1) in subsection (e)(2), by striking ``environmental'';
(2) in subsection (f), by striking ``to the Environmental
Restoration Account, Defense, or to any environmental
restoration account of a military department,'' and inserting
``or transferred to an account established under subsection
(a)'';
(3) by striking subsection (g) and inserting the following:
``(g) Sole Source of Funds for Responses Under This Chapter.--
Except as provided in subsection (h), the sole source of funds for all
phases of a response under this chapter shall be the applicable
environmental restoration account established under subsection (a).'';
and
(4) in subsection (h)--
(A) in the subsection heading, by striking
``Environmental Remediation'' and inserting
``Responses''; and
(B) by striking ``services procured under section
2701(d)(1) of this title'' and inserting ``a
response''.
(c) Modification of Authority for Environmental Restoration
Projects of National Guard.--
(1) In general.--Section 2707(e) of such title is amended--
(A) by striking ``Notwithstanding'' and inserting
``(1) Notwithstanding'';
(B) by inserting ``where military activities are
conducted by the National Guard of a State under title
32'' after ``facility''; and
(C) 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).''.
(2) Correction of definition of facility.--Paragraph (2) of
section 2700 of such title is amended--
(A) in subparagraph (A), by striking ``(A) The
terms'' and inserting ``The terms''; and
(B) by striking subparagraph (B).
(d) Extension of Contract Authority.--Section 2708(b) of such title
is amended--
(1) in paragraph (1), by striking ``fiscal years 1992
through 1996'' and inserting ``a period specified in paragraph
(3)''; and
(2) by adding at the end the following new paragraph:
``(3) A period specified in this paragraph is--
``(A) the period of fiscal years 1992 through 1996; or
``(B) on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2021.''.
(e) Technical Consistency for Munitions Response.--
(1) Program goals.--Section 2701(b)(2) of such title is
amended by striking ``of unexploded ordnance'' and inserting
``of unexploded ordnance, discarded military munitions, and
munitions constituents in a manner consistent with section 2710
of this title''.
(2) Environmental restoration accounts.--Section 2703(b) of
such title is amended by striking the second sentence and
inserting the following new sentence: ``Such remediation shall
be conducted in a manner consistent with section 2710 of this
title.''.
(3) Transfer of definitions.--
(A) Transfer.--Paragraphs (2) and (3) of section
2710(e) of such title are--
(i) transferred to section 2700 of such
title;
(ii) added at the end of such section; and
(iii) redesignated as paragraphs (6) and
(7), respectively.
(B) Redesignation of definitions.--Section 2710(e)
of such title is amended by redesignating paragraphs
(4) through (7) as paragraphs (2) through (5),
respectively.
(4) Conforming amendments.--Section 313(d) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 2710 note) is amended--
(A) in paragraph (2)--
(i) by striking ```discarded military
munitions', `munitions constituents', and
`defense sites''' and inserting ```discarded
military munitions' and `munitions
constituents'''; and
(ii) by striking ``section 2710(e)'' and
inserting ``section 2700''; and
(B) by adding at the end the following new
paragraph:
``(3) The term `defense site' has the meaning given such
term in section 2710(e) of such title.''.
(f) Technical Correction Regarding Cooperative Agreements.--Section
332(a)(2) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended, in the matter preceding
subparagraph (A), by striking ``shall meet or exceed the most stringent
of the following'' and inserting ``relating to a response shall reflect
application to the response of the most protective of the following''.
SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION PROGRAM
TECHNICAL EDITS AND CLARIFICATION.
(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.
SEC. 313. SURVEY AND MARKET RESEARCH OF TECHNOLOGIES FOR PHASE OUT BY
DEPARTMENT OF DEFENSE OF USE OF FLUORINATED AQUEOUS FILM-
FORMING FOAM.
(a) Survey of Technologies and Market Research.--
(1) In general.--The Secretary of Defense shall conduct a
survey and market research of relevant technologies, other than
fire-fighting agent solutions, to determine whether any such
technologies are available and can be adapted quickly for use
by the Department of Defense to execute the phase-out by the
Department of the use of fluorinated aqueous film-forming foam.
(2) Technologies included.--The technologies surveyed or
researched under paragraph (1) shall include the following:
(A) Hangar flooring systems.
(B) Liquid drainage flood assemblies.
(C) Fire-fighting agent delivery systems.
(D) Containment systems.
(E) Such other relevant technologies as the
Secretary determines appropriate.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall brief the
congressional defense committees on the results of the survey
and market research conducted under subsection (a).
(2) Elements of briefing.--The briefing required under
paragraph (1) shall include the following:
(A) A description of the technologies surveyed and
researched under subsection (a).
(B) An identification of any such technologies that
were considered for further testing or analysis.
(C) An identification of any other technologies
useful for the phase-out by the Department of the use
of fluorinated aqueous film-forming foam that are
undergoing additional analysis for possible application
within the Department.
SEC. 314. 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. 315. NATIVE AMERICAN INDIAN LANDS ENVIRONMENTAL MITIGATION
PROGRAM.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2712. 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 culturally connected
locations.
``(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
Native village, Regional Corporation, or Village Corporation
(as defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)), that is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.
``(3) The term `culturally connected location' means a
location or place that has demonstrable significance to Indians
or Alaska Natives based on its association with the traditional
beliefs, customs, and practices of a living community,
including locations or places where religious, ceremonial,
subsistence, medicinal, economic, or other lifeways practices
have historically taken place.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 160 of such title is amended by inserting after the item
relating to section 2711 the following new item:
``2712. Native American lands environmental mitigation program.''.
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES ON MILITARY
INSTALLATIONS.
(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by inserting after section 2919 the following
new section:
``Sec. 2920. Energy resilience and energy security measures on military
installations
``(a) Energy Resilience Measures.--(1) The Secretary of Defense
shall, by the end of fiscal year 2030, provide that 100 percent of the
energy load required to maintain the critical missions of each
installation have a minimum level of availability of 99.9 percent per
fiscal year.
``(2) The Secretary of Defense shall issue standards establishing
levels of availability relative to specific critical missions, with
such standards providing a range of not less than 99.9 percent
availability per fiscal year and not more than 99.9999 percent
availability per fiscal year, depending on the criticality of the
mission.
``(3) The Secretary may establish interim goals to take effect
prior to fiscal year 2025 to ensure the requirements under this
subsection are met.
``(4) The Secretary of each military department and the head of
each Defense Agency shall ensure that their organizations meet the
requirements of this subsection.
``(b) Planning.--(1) The Secretary of Defense shall require the
Secretary of each military department and the head of each Defense
Agency to plan for the provision of energy resilience and energy
security for installations.
``(2) Planning under paragraph (1) shall--
``(A) promote the use of multiple and diverse sources of
energy, with an emphasis favoring energy resources originating
on the installation such as modular generation;
``(B) promote installing microgrids to ensure the energy
security and energy resilience of critical missions; and
``(C) favor the use of full-time, installed energy sources
rather than emergency generation.
``(c) Development of Information.--The planning required by
subsection (b) shall identify each of the following for each
installation:
``(1) The critical missions of the installation.
``(2) The energy requirements of those critical missions.
``(3) The duration that those energy requirements are
likely to be needed in the event of a disruption or emergency.
``(4) The current source of energy provided to those
critical missions.
``(5) The duration that the currently provided energy would
likely be available in the event of a disruption or emergency.
``(6) Any currently available sources of energy that would
provide uninterrupted energy to critical missions in the event
of a disruption or emergency.
``(7) Alternative sources of energy that could be developed
to provide uninterrupted energy to critical missions in the
event of a disruption or emergency.
``(d) Testing and Measuring.--(1)(A) The Secretary of Defense shall
require the Secretary of each military department and head of each
Defense Agency to conduct monitoring, measuring, and testing to provide
the data necessary to comply with this section.
``(B) Any data provided under subparagraph (A) shall be made
available to the Assistant Secretary of Defense for Sustainment upon
request.
``(2)(A) The Secretary of Defense shall require that black start
exercises be conducted to assess the energy resilience and energy
security of installations for periods established to evaluate the
ability of the installation to perform critical missions without access
to off-installation energy resources.
``(B) A black start exercise conducted under subparagraph (A) may
exclude, if technically feasible, housing areas, commissaries,
exchanges, and morale, welfare, and recreation facilities.
``(C) The Secretary of Defense shall--
``(i) provide uniform policy for the military departments
and the Defense Agencies with respect to conducting black start
exercises; and
``(ii) establish a schedule of black start exercises for
the military departments and the Defense Agencies, with each
military department and Defense Agency scheduled to conduct
such an exercise on a number of installations each year
sufficient to allow that military department or Defense Agency
to meet the goals of this section, but in any event not fewer
than five installations each year for each military department
through fiscal year 2027.
``(D)(i) Except as provided in clause (ii), the Secretary of each
military department shall, notwithstanding any other provision of law,
conduct black start exercises in accordance with the schedule provided
for in subparagraph (C)(ii), with any such exercise not to last longer
than five days.
``(ii) The Secretary of a military department may conduct more
black start exercises than those identified in the schedule provided
for in subparagraph (C)(ii).
``(e) Contract Requirements.--For contracts for energy and utility
services, the Secretary of Defense shall--
``(1) specify methods and processes to measure, manage, and
verify compliance with subsection (a); and
``(2) ensure that such contracts include requirements
appropriate to ensure energy resilience and energy security,
including requirements for metering to measure, manage, and
verify energy consumption, availability, and reliability
consistent with this section and the energy resilience metrics
and standards under section 2911(b) of this title.
``(f) Exception.--This section does not apply to fuels used in
aircraft, vessels, or motor vehicles.
``(g) Report.--If by the end of fiscal year 2029, the Secretary
determines that the Department will be unable to meet the requirements
under subsection (a), not later than 90 days after the end of such
fiscal year, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
detailing--
``(1) the projected shortfall;
``(2) reasons for the projected shortfall;
``(3) any statutory, technological, or monetary impediments
to achieving such requirements;
``(4) any impact to readiness or ability to meet the
national defense posture; and
``(5) any other relevant information as the Secretary
considers appropriate.
``(h) Definitions.--In this section:
``(1) The term `availability' means the availability of
required energy at a stated instant of time or over a stated
period of time for a specific purpose.
``(2) The term `black start exercise' means an exercise in
which delivery of energy provided from off an installation is
terminated before backup generation assets on the installation
are turned on. Such an exercise shall--
``(A) determine the ability of the backup systems
to start independently, transfer the load, and carry
the load until energy from off the installation is
restored;
``(B) align organizations with critical missions to
coordinate in meeting critical mission requirements;
``(C) validate mission operation plans, such as
continuity of operations plans;
``(D) identify infrastructure interdependencies;
and
``(E) verify backup electric power system
performance.
``(3) The term `critical mission'--
``(A) means those aspects of the missions of an
installation, including mission essential operations,
that are critical to successful performance of the
strategic national defense mission;
``(B) may include operational headquarters
facilities, airfields and supporting infrastructure,
harbor facilities supporting naval vessels, munitions
production and storage facilities, missile fields,
radars, satellite control facilities, cyber operations
facilities, space launch facilities, operational
communications facilities, and biological defense
facilities; and
``(C) does not include military housing (including
privatized military housing), morale, welfare, and
recreation facilities, exchanges, commissaries, or
privately owned facilities.
``(4) The term `energy' means electricity, natural gas,
steam, chilled water, and heated water.
``(5) The term `installation' has the meaning given the
term `military installation' in section 2801(c)(4) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 173 of such title is amended by inserting after
the item relating to section 2919 the following new item:
``2920. Energy resilience and energy security measures on military
installations.''.
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR
DEPARTMENT OF DEFENSE.
Section 2912(a) of title 10, United States Code, is amended by
inserting ``and, in the case of operational energy, from both training
and operational missions,'' after ``under section 2913 of this
title,''.
SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Environmental Security Technology Certification Program of
the Department of Defense.
(2) Director of arpa-e.--The term ``Director of ARPA-E''
means the Director of the Advanced Research Projects Agency--
Energy.
(3) Initiative.--The term ``Initiative'' means the
demonstration initiative established under subsection (b).
(4) Joint program.--The term ``Joint Program'' means the
joint program established under subsection (d).
(b) Establishment of Initiative.--Not later than 180 days after the
date of enactment of this Act, the Director shall establish a
demonstration initiative composed of demonstration projects focused on
the development of long-duration energy storage technologies.
(c) Selection of Projects.--To the maximum extent practicable, in
selecting demonstration projects to participate in the Initiative, the
Director shall--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded mode),
and off-grid applications.
(d) Joint Program.--
(1) Establishment.--As part of the Initiative, the
Director, in consultation with the Director of ARPA-E, shall
establish within the Department of Defense a joint program to
carry out projects--
(A) to demonstrate promising long-duration energy
storage technologies at different scales to promote
energy resiliency; and
(B) to help new, innovative long-duration energy
storage technologies become commercially viable.
(2) Memorandum of understanding.--Not later than 200 days
after the date of enactment of this Act, the Director shall
enter into a memorandum of understanding with the Director of
ARPA-E to administer the Joint Program.
(3) Infrastructure.--In carrying out the Joint Program, the
Director and the Director of ARPA-E shall--
(A) use existing test-bed infrastructure at--
(i) installations of the Department of
Defense; and
(ii) facilities of the Department of
Energy; and
(B) develop new infrastructure for identified
projects, if appropriate.
(4) Goals and metrics.--The Director and the Director of
ARPA-E shall develop goals and metrics for technological
progress under the Joint Program consistent with energy
resilience and energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable,
in selecting projects to participate in the Joint
Program, the Director and the Director of ARPA-E
shall--
(i) ensure that projects are carried out
under conditions that represent a variety of
environments with different physical conditions
and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, higher-cost projects;
and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the Joint Program,
the Director and the Director of ARPA-E shall give
priority to demonstration projects that--
(i) make available to the public project
information that will accelerate deployment of
long-duration energy storage technologies that
promote energy resiliency; and
(ii) will be carried out in the field.
SEC. 319. 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 the Department of Defense 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) fuels derived from renewable biomass, as defined in
section 211(o)(1)(I) of the Clean Air Act (42 U.S.C.
7545(o)(1)(I));
(2) natural gas (including compressed and liquefied natural
gas); or
(3) propane.
SEC. 320. 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. 321. STUDY ON 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.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Administrator of the Environmental
Protection Agency, the Secretary of State, and the United
States Commissioner of the International Boundary and Water
Commission, shall commission an independent scientific study of
the impacts of transboundary flows, spills, or discharges of
pollution or debris from the Tijuana River on the personnel,
activities, and installations of the Department of Defense.
(2) Elements.--The study required by paragraph (1) 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.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report containing the results of
the study under subsection (a), including all findings and
recommendations resulting from the study.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Environment and Public Works, and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 322. INCREASE IN FUNDING FOR STUDY BY CENTERS FOR DISEASE CONTROL
AND PREVENTION RELATING TO PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCE CONTAMINATION IN DRINKING
WATER.
(a) In General.--
(1) Increase.--The amount authorized to be appropriated by
this Act for fiscal year 2021 for Operation and Maintenance,
Defense Wide for SAG 4GTN for the study by the Centers for
Disease Control and Prevention under section 316(a)(2)(B)(ii)
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1350) is hereby increased by
$5,000,000.
(2) Offset.--The amount authorized to be appropriated by
this Act for fiscal year 2021 for Operation and Maintenance,
Army for SAG 421, Servicewide Transportation is hereby reduced
by $5,000,000.
(b) Increase in Transfer Authority.--Section 316(a)(2)(B)(ii) of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1713), is amended by striking ``$10,000,000''
and inserting ``$15,000,000''.
Subtitle C--Logistics and Sustainment
SEC. 331. 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''.
SEC. 332. 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''.
Subtitle D--Reports
SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON INFRASTRUCTURE,
FACILITIES, AND OPERATIONS OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive report on the impact
of permafrost thaw on the infrastructure, facilities, assets, and
operations of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of the infrastructure, facilities,
and assets of the Department of Defense that could be impacted
by permafrost thaw.
(2) For each element of infrastructure and each facility
and asset identified pursuant to paragraph (1)--
(A) an assessment of the threat posed by permafrost
thaw; and
(B) an estimate of potential damage in the event of
likely permafrost thaw.
(3) A description of the threats and impacts posed by
permafrost thaw to military and other national security
operations.
(c) Consultation.--In preparing the report under subsection (a),
the Secretary may consult with other Federal agencies, agencies of
State and local governments, and academic institutions with expertise
or experience in the effects of permafrost thaw on infrastructure,
facilities, and operations.
(d) Asset Defined.--In this section, the term ``asset'' means the
following:
(1) Any aircraft, weapon system, vehicle, equipment, or
gear of the Department of Defense or the Armed Forces.
(2) Any other item of the Department or the Armed Forces
that the Secretary considers appropriate for purposes of this
section.
SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR MILITARY
INSTALLATIONS.
(a) Plans.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
ensure that each military installation under the jurisdiction
of the Secretary that does not conduct live emergency response
training on an annual basis or more frequently with the
civilian law enforcement and emergency response agencies
responsible for responding to an emergency at the installation
develops a plan to conduct such training.
(2) Elements.--Each plan developed under paragraph (1) with
respect to an installation--
(A) shall include--
(i) the cost of implementing training
described in paragraph (1) at the installation;
(ii) a description of any obstacles to the
implementation of such training; and
(iii) recommendations for mitigating any
such obstacles; and
(B) shall be designed to ensure that the civilian
law enforcement and emergency response agencies
described in paragraph (1) are familiar with--
(i) the physical features of the
installation, including gates, buildings,
armories, headquarters, command and control
centers, and medical facilities; and
(ii) the emergency response personnel and
procedures of the installation.
(3) Submittal of plans.--
(A) Submittal to secretary.--Not later than 90 days
after the date of the enactment of this Act, the
commander of each military installation required to
develop a plan under paragraph (1) shall submit such
plan to the Secretary of Defense.
(B) Submittal to congress.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a summary of the plans submitted to the Secretary under
subparagraph (A).
(b) Reports on Training Conducted.--
(1) List of installations.--Not later than March 1, 2021,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a list of all
military installations under the jurisdiction of the Secretary
that conduct live emergency response training on an annual
basis or more frequently with the civilian law enforcement and
emergency response agencies responsible for responding to an
emergency at the installation.
(2) Annual reports.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter, the commander of each military installation
under the jurisdiction of the Secretary shall submit to
the Secretary a report on each live emergency response
training conducted during the year covered by the
report with the civilian law enforcement and emergency
response agencies responsible for responding to an
emergency at the installation.
(B) Elements.--Each report submitted under
subparagraph (A) shall include, with respect to each
training exercise, the following:
(i) The date and duration of the exercise.
(ii) A detailed description of the
exercise.
(iii) An identification of all military and
civilian personnel who participated in the
exercise.
(iv) Any recommendations resulting from the
exercise.
(v) The actions taken, if any, to implement
such recommendations.
(C) Inclusion in annual budget submission.--
(i) In general.--The Secretary shall
include in the budget submitted to Congress by
the President pursuant to section 1105(a) of
title 31, United States Code, a summary of any
report submitted to the Secretary under
subparagraph (A) during the one-year period
preceding the submittal of the budget.
(ii) Classified form.--The summary
submitted under clause (i) may be submitted in
classified form.
(D) Sunset.--The requirement to submit annual
reports under subparagraph (A) shall terminate upon the
submittal of the budget described in subparagraph
(C)(i) for fiscal year 2024.
SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT OF DEFENSE OF
REQUIREMENTS RELATING TO RENEWABLE FUEL PUMPS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the implementation by the Department of Defense of
the requirements under section 246(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17053(a)).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the cost to the Department of fully
implementing the requirements under section 246(a) of the
Energy Independence and Security Act of 2007; and
(2) An assessment of any problems or issues the Department
is having in complying with the requirements under such
section.
(c) Exception.--The report required by subsection (a) shall not
apply to a fueling center of the Department with a fuel turnover rate
of less than 100,000 gallons of fuel per year.
SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON DEPARTMENT OF
DEFENSE.
(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
congressional defense committees a report on vulnerabilities to
military installations and combatant commander requirements resulting
from extreme weather that builds upon the report submitted under
section 335(c) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1358).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An explanation of the underlying methodology that the
Department uses to assess the effects of extreme weather in the
report, including through the use of a climate vulnerability
and risk assessment tool as directed under section 326 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(2) An assessment of how extreme weather affects low-lying
military installations, military installations of the Navy and
the Marine Corps, and military installations outside the United
States.
(3) An assessment of how extreme weather affects access of
members of the Armed Forces to training ranges.
(4) With respect to a military installation in a country
outside the United States, an assessment of the collaboration
between the Department of Defense and the military or civilian
agencies of the government of that country or nongovernmental
organizations operating in that country to adapt to risks from
extreme weather.
(5) An assessment of how extreme weather affects housing
safety and food security on military installations.
(6) An assessment of the strategic benefits derived from
isolating infrastructure of the Department of Defense in the
United States from the national electric grid and the use of
energy-efficient, distributed, and smart power grids by the
Armed Forces in the United States and overseas to ensure
affordable access to electricity.
(7) A list of ten military installation resilience projects
conducted within each military department.
(8) An overview of mitigations, in addition to current
efforts undertaken by the Department, that may be necessary to
ensure the continued operational viability and to increase the
resilience of military installations, and the estimated costs
of those mitigations.
(c) Consultation.--In developing the report required by subsection
(a), the Secretary of Defense shall consult with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Administrator of the National Oceanic and Atmospheric Administration,
the Administrator of the Federal Emergency Management Agency, the
Commander of the Army Corps of Engineers, the Administrator of the
National Aeronautics and Space Administration, a federally funded
research and development center, and the heads of such other relevant
Federal agencies as the Secretary of Defense determines appropriate.
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex if
necessary.
(e) Publication.--Upon submittal of the report required by
subsection (a), the Secretary of Defense shall publish the unclassified
portion of the report on an Internet website of the Department of
Defense that is available to the public.
(f) Definitions.--In this section:
(1) Extreme weather.--The term ``extreme weather'' means
recurrent flooding, drought, desertification, wildfires, and
thawing permafrost.
(2) United states.--The term ``United States'' means the
several States, the District of Columbia, and any territory or
possession of the United States.
Subtitle E--Other Matters
SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPERATED BY
UNITED STATES SPECIAL OPERATIONS COMMAND.
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.
SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION PROJECTS IN SUPPORT OF
CONTINGENCY OPERATIONS USING FUNDS FOR OPERATION AND
MAINTENANCE.
(a) Annual Budget Justification Display.--Section 2805(c) of title
10, United States Code, is amended--
(1) by striking ``The Secretary concerned'' and inserting
``(1) The Secretary concerned''; and
(2) by adding at the end the following new paragraphs:
``(2) The Secretary of each military department, the Director of
each Defense Agency, and the head of any other relevant component of
the Department of Defense shall track and report to the Under Secretary
of Defense (Comptroller) relevant data regarding all overseas
construction projects funded with amounts appropriated or otherwise
made available for operation and maintenance in support of contingency
operations.
``(3)(A) The Secretary of Defense shall prepare, for inclusion in
the annual budget submission by the President to Congress under section
1105 of title 31, a consolidated budget justification display, in
classified and unclassified form, that identifies all overseas
construction projects funded with amounts appropriated or otherwise
made available for operation and maintenance in support of contingency
operations.
``(B) The display prepared under subparagraph (A) shall include a
list of all construction projects described in such subparagraph that
were completed in the prior fiscal year, that are ongoing, or that are
expected for the next five fiscal years, and shall identify for each
project--
``(i) the component of the Department of Defense involved
in the project;
``(ii) the location of the project;
``(iii) a brief description of the purpose of the project;
and
``(iv) the actual or estimated cost of the project.''.
(b) Report on Construction Projects in Support of Contingency
Operations.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on ways to improve the development,
funding, and execution of construction projects in support of
overseas contingency operations, including those funded with
amounts appropriated or otherwise made available for operation
and maintenance and those funded with amounts appropriated or
otherwise made available for military construction.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, the following:
(A) An examination and comparison of the time
required to plan, approve, and execute construction
projects funded with operation and maintenance amounts
versus those funded with military construction amounts,
in support of contingency operations, including
construction projects in support of recent operations
in Afghanistan, Iraq, Syria, and Eastern Europe.
(B) A description of any challenges associated with
the processes of the Department of Defense for
planning, approving, and executing such projects.
(C) A description of any ongoing or planned efforts
to improve such processes to promote efficiency and
expediency in the development and execution of such
projects.
(D) Any recommendations with respect to improving
such processes, including those from the commanders of
the combatant commands and the Secretaries of the
military departments.
SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL MUSEUM OF THE MARINE
CORPS, THE NATIONAL MUSEUM OF THE UNITED STATES ARMY, THE
NATIONAL MUSEUM OF THE UNITED STATES NAVY, AND THE
NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE.
Section 2465(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) A contract for the performance of on-site armed
security guard functions to be performed--
``(A) at the Marine Corps Heritage Center at Marine
Corps Base Quantico, Virginia, including the National
Museum of the Marine Corps;
``(B) at the Heritage Center for the National
Museum of the United States Army at Fort Belvoir,
Virginia;
``(C) at the Heritage Center for the National
Museum of the United States Navy at Washington,
District of Columbia; or
``(D) at the Heritage Center for the National
Museum of the United States Air Force at Wright-
Patterson Air Force Base, Ohio.''.
SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND DOLLAR
LIMITATION REQUIREMENTS FOR ADVANCE BILLINGS FOR CERTAIN
BACKGROUND INVESTIGATIONS.
Section 2208(l) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) This subsection shall not apply to advance billing for
background investigation and related services performed by the Defense
Counterintelligence and Security Agency.''.
SEC. 375. 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. 376. 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 Sustainment 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 Sustainment, 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
Sustainment, 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), the Secretary shall--
(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. 377. COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF
DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF
AMERICA OR ANY PERSON WHO SERVED VOLUNTARILY WITH THE
CONFEDERATE STATES OF AMERICA.
(a) Removal.--Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall implement the
plan submitted by the commission described in paragraph (b) and remove
all names, symbols, displays, monuments, and paraphernalia that honor
or commemorate the Confederate States of America (commonly referred to
as the ``Confederacy'') or any person who served voluntarily with the
Confederate States of America from all assets of the Department of
Defense.
(b) In General.--The Secretary of Defense shall establish a
commission relating to assigning, modifying, or removing of names,
symbols, displays, monuments, and paraphernalia to assets of the
Department of Defense that commemorate the Confederate States of
America or any person who served voluntarily with the Confederate
States of America.
(c) Duties.--The Commission shall--
(1) assess the cost of renaming or removing names, symbols,
displays, monuments, or paraphernalia that commemorate the
Confederate States of America or any person who served
voluntarily with the Confederate States of America;
(2) develop procedures and criteria to assess whether an
existing name, symbol, monument, display, or paraphernalia
commemorates the Confederate States of America or person who
served voluntarily with the Confederate States of America;
(3) recommend procedures for renaming assets of the
Department of Defense to prevent commemoration of the
Confederate States of America or any person who served
voluntarily with the Confederate States of America;
(4) develop a plan to remove names, symbols, displays,
monuments, or paraphernalia that commemorate the Confederate
States of America or any person who served voluntarily with the
Confederate States of America from assets of the Department of
Defense, within the timeline established by this Act; and
(5) include in the plan procedures and criteria for
collecting and incorporating local sensitivities associated
with naming or renaming of assets of the Department of Defense.
(d) Membership.--The Commission shall be composed of eight members,
of whom--
(1) four shall be appointed by the Secretary of Defense;
(2) one shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(3) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(4) one shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives; and
(5) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(e) Appointment.--Members of the Commission shall be appointed not
later than 45 days after the date of the enactment of this Act.
(f) Initial Meeting.--The Commission shall hold its initial meeting
on the date that is 60 days after the enactment of this Act.
(g) Briefings and Reports.--Not later than October 1, 2021, the
Commission shall brief the Committees on Armed Services of the Senate
and House of Representatives detailing the progress of the requirements
under subsection (c). Not later than October 1, 2022, and not later
than 90 days before the implementation of the plan in subsection
(c)(4), the Commission shall present a briefing and written report
detailing the results of the requirements under subsection (c),
including:
(1) A list of assets to be removed or renamed.
(2) Costs associated with the removal or renaming of assets
in subsection (g)(1).
(3) Criteria and requirements used to nominate and rename
assets in subsection (g)(1).
(4) Methods of collecting and incorporating local
sensitivities associated with the removal or renaming of assets
in subsection (g)(1).
(h) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $2,000,000 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by
the Act for fiscal year 2021 for Operations and Maintenance,
Army, sub activity group 434 - other personnel support is
hereby reduced by $2,000,000.
(i) Assets Defined.--In this section, the term ``assets'' includes
any base, installation, street, building, facility, aircraft, ship,
plane, weapon, equipment, or any other property owned or controlled by
the Department of Defense.
(j) Exemption for Grave Markers.--Shall not cover monuments but
shall exempt grave markers. Congress expects the commission to further
define what constitutes a grave marker.
SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED ACTIONS BY MILITARY
AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE.
Section 183a(c)(2) of title 10, United States Code, is amended--
(1) by striking ``If the Clearinghouse'' and inserting
``(A) If the Clearinghouse''; and
(2) by adding at the end the following new subparagraphs:
``(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.
``(C) If the Secretary determines within a reasonable
period of time after the issuance of a notice under
subparagraph (A) with respect to an energy project that the
concerns identified in the preliminary review conducted under
paragraph (1) with respect to such project have been mitigated
to the extent that such project does not pose an unacceptable
level of risk to military operations and readiness, the
Clearinghouse shall timely issue a mission compatibility letter
to the applicant of such project, the governor of the State in
which such project is located, and the Secretary of the finding
of the Clearinghouse.''.
SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST
OVERRUNS AND FOR CHANGES IN SCOPE OF WORK.
Section 8683 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Treatment of Amounts Appropriated After End of Period of
Obligation.--In the application of section 1553(c) of title 31 to funds
appropriated in the Operation and Maintenance, Navy account that are
available for ship overhaul, the Secretary of the Navy--
``(1) may treat the limitation specified in paragraph (1)
of such section to be `$10,000,000' rather than `$4,000,000';
and
``(2) may treat the limitation specified in paragraph (2)
of such section to be `$30,000,000' rather than
`$25,000,000'.''.
SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT SECURITY AND
EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO ACTIVE
SHOOTER OR TERRORIST ATTACKS ON INSTALLATIONS OF
DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall implement the
applicable security and emergency response recommendations relating to
active shooter or terrorist attacks on installations of the Department
of Defense made in the following reports:
(1) The report by the Government Accountability Office
dated July 2015 entitled, ``Insider Threats: DOD Should Improve
Information Sharing and Oversight to Protect U.S.
Installations'' (GAO-15-543).
(2) The report prepared by the Department of the Navy
relating to the Washington Navy Yard shooting in 2013.
(3) The report by the Department of the Army dated August
2010 entitled ``Fort Hood, Army Internal Review Team: Final
Report''.
(4) The independent review by the Department of Defense
dated January 2010 entitled ``Protecting the Force: Lessons
from Fort Hood''.
(5) The report by the Department of the Air Force dated
October 2010 entitled ``Air Force Follow-On Review: Protecting
the Force: Lessons from Fort Hood''.
(b) Notification of Inapplicable Recommendations.--
(1) In general.--If the Secretary determines that a
recommendation described in subsection (a) is outdated, is no
longer applicable, or has been superseded by more recent
separate guidance or recommendations set forth by the
Government Accountability Office, the Department of Defense, or
another entity in related contracted review, the Secretary
shall notify the Committees on Armed Services of the Senate and
the House of Representatives not later than 45 days after the
date of the enactment of this Act.
(2) Identification and justification.--The notification
under paragraph (1) shall include an identification, set forth
by report specified in subsection (a), of each recommendation
that the Secretary determines should not be implemented, with a
justification for each such determination.
SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR
BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Before making any final rule, statement, or
determination regarding the limitation or prohibition of any food or
beverage ingredient in military food service, military medical foods,
commissary food, or commissary food service, the Secretary of Defense
shall publish in the Federal Register a notice of a preliminary rule,
statement, or determination (in this section referred to as a
``proposed action'') and provide opportunity for public comment.
(b) Matters To Be Included.--The Secretary shall include in any
notice published under subsection (a) the following:
(1) The date of the notice.
(2) Contact information for the appropriate office at the
Department of Defense.
(3) A summary of the notice.
(4) A date for comments to be submitted and specific
methods for submitting comments.
(5) A description of the substance of the proposed action.
(6) Findings and a statement of reasons supporting the
proposed action.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2021, as follows:
(1) The Army, 485,000.
(2) The Navy, 346,730.
(3) The Marine Corps, 180,000.
(4) The Air Force, 333,475.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support Two Major Regional Contingencies.--
(1) In general.--Section 691 of title 10, United States
Code, is repealed.
(2) Table of sections.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
the item relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section
115 of such title is amended--
(1) in subsection (f)(1), by striking ``increase'' and
inserting ``vary''; and
(2) in subsection (g)(1)(A), by striking ``increase'' and
inserting ``vary''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2021, as follows:
(1) The Army National Guard of the United States, 336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2021, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The authorized number of military technicians
(dual status) as of the last day of fiscal year 2021 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,947.
(b) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2021, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END STRENGTHS
FOR NON-TEMPORARY MILITARY TECHNICIANS (DUAL STATUS) AND
MAXIMUM END STRENGTHS FOR TEMPORARY MILITARY TECHNICIANS
(DUAL STATUS).
(a) In General.--Section 115(d) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``the end strength
for military technicians (dual status)'' and inserting ``both
the minimum end strength for non-temporary military technicians
(dual status) and the maximum end strength for temporary
military technicians (dual status)''; and
(2) in the third sentence, by striking ``the end strength
requested for military technicians (dual status)'' and
inserting ``the minimum end strength for non-temporary military
technicians (dual status), and the maximum end strength for
temporary military technicians (dual status), requested''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day after the date of the enactment of this Act. The
amendment made by subsection (a)(2) shall apply with respect to budgets
submitted by the President to Congress under section 1105 of title 31,
United States Code, after such effective date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2021 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2021.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AUTHORIZED STRENGTHS OF
CERTAIN COMMISSIONED OFFICERS ON ACTIVE DUTY.
Effective as of October 1, 2021, the text of section 523 of title
10, United States Code, is amended to read as follows:
``The total number of commissioned officers serving on active duty
in the Army, Air Force, or Marine Corps in each of the grades of major,
lieutenant colonel, or colonel, or in the Navy in each of the grades of
lieutenant commander, commander, or captain, at the end of any fiscal
year shall be as specifically authorized by Act of Congress for such
fiscal year.''.
SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE
SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON ORIGINAL
APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Regular Officers.--Subparagraph (D) of section 533(b)(1) of
title 10, United States Code, is amended to read as follows:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the Secretary
concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.
``(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated,
if such education is directly related to the
operational needs of the armed force concerned.''.
(b) Reserve Officers.--Section 12207(b)(1) of such title is
amended--
(1) in the matter preceding subparagraph (A), ``or a
designation in'' and all that follows through ``education or
training,'' and inserting ``and who has special training or
experience, or advanced education (if applicable),''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the Secretary
concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.
``(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated,
if such education is directly related to the
operational needs of the armed force concerned.''.
(c) Annual Report.--
(1) In general.--Not later than February 1, 2022, and every
four years thereafter, each Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the use of the
authorities in subparagraph (D) of section 553(b)(1) of title
10, United States Code (as amended by subsection (a)), and
subparagraph (D) of section 12207(b)(1) of such title (as
amended by subsection (b)) (each referred to in this subsection
as a ``constructive credit authority'') during the preceding
fiscal year for the Armed Forces under the jurisdiction of such
Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year and Armed Forces covered by such
report, the following:
(A) The manner in which constructive service credit
was calculated under each constructive credit
authority.
(B) The number of officers credited constructive
service credit under each constructive credit
authority.
(C) A description and assessment of the utility of
the constructive credit authorities in meeting the
operational needs of the Armed Force concerned.
(D) Such other matters in connection with the
constructive credit authorities as the Secretary of the
military department concerned considers appropriate.
SEC. 503. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION OF
HIGHER PLACEMENT ON PROMOTION LIST OF OFFICERS OF
PARTICULAR MERIT.
(a) In General.--Section 616(g) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by inserting ``, pursuant to guidelines and
procedures prescribed by the Secretary,'' after
``officers of particular merit''; and
(2) in paragraph (3), by inserting ``, pursuant to
guidelines and procedures prescribed by the Secretary
concerned,'' after ``shall recommend''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to officers recommended for promotion by promotion
selection boards convened on or after that date.
SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF
OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER
RECOMMENDATION FOR PROMOTION AND RELATED MATTERS.
(a) Regular Officers.--
(1) In general.--Subchapter III of chapter 36 of title 10,
United States Code, is amended by inserting after section 628
the following new section:
``Sec. 628a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military department
concerned determines that a person recommended by a promotion board for
promotion to a grade at or below the grade of major general, rear
admiral in the Navy, or an equivalent grade in the Space Force is the
subject of credible information of an adverse nature, including any
substantiated adverse finding or conclusion described in section
615(a)(3)(A) of this title, that was not furnished to the promotion
board during its consideration of the person for promotion as otherwise
required by such section, the Secretary shall convene a special
selection review board under this section to review the person and
recommend whether the recommendation for promotion of the person should
be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
``(B) shall not be forwarded to the Secretary of Defense,
the President, or the Senate, as applicable, or included on a
promotion list under section 624(a) of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 628(f) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary of the military department
concerned shall specify in convening such special selection review
board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 615(a)(2) of this title to
the promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 615(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in paragraph (3)(C) of section 615(a) of this
title applicable to the furnishing of information described in
paragraph (3)(A) of such section to selection boards in accordance with
that section.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary of the military department concerned shall
ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion of
the person under this section.
``(B) If information on a person described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under
section 615(a) of this title to the promotion board that
recommended the promotion of the person subject to review under
this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers of the same competitive category who
were recommended for promotion by the promotion board that recommended
the person for promotion, and an appropriate sampling of the records of
those officers who were considered by and not recommended for promotion
by that promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the
promotion board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary of the military
department concerned a written report, signed by each member of the
board, containing the name of each person whose recommendation for
promotion it recommends for sustainment and certifying that the board
has carefully considered the record and information of each person
whose name was referred to it.
``(2) The provisions of sections 617(b) and 618 of this title apply
to the report and proceedings of a special selection review board
convened under this section in the same manner as they apply to the
report and proceedings of a promotion board convened under section
611(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
subsections (b) and (c) of section 624 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the active-duty list as the person
would have had pursuant to the original recommendation for promotion of
the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
``(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the Secretary
of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the Secretary of
a military department under section 611(a) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 36 of such title is
amended by inserting after the item relating to section 628 the
following new item:
``628a. Special selection review boards.''.
(3) Delay in promotion.--Section 624(d) of such title is
amended--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; or''; and
(iii) by inserting after subparagraph (E)
the following new subparagraph (F):
``(F) the Secretary of the military department concerned
determines that credible information of an adverse nature,
including a substantiated adverse finding or conclusion
described in section 615(a)(3)(A) of this title, with respect
to the officer will result in the convening of a special
selection review board under section 628a of this title to
review the officer and recommend whether the recommendation for
promotion of the officer should be sustained.'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F) and whose recommendation for promotion is
sustained, authorities for the promotion of the officer are specified
in section 628a(f) of this title.''; and
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by striking ``The appointment'' and
inserting ``(A) Except as provided in
subparagraph (B), the appointment''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F), requirements applicable to notice and opportunity
for response to such delay are specified in section 628a(c)(3) of this
title.''.
(b) Reserve Officers.--
(1) In general.--Chapter 1407 of title 10, United States
Code, is amended by inserting after section 14502 the following
new section:
``Sec. 14502a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military department
concerned determines that a person recommended by a promotion board for
promotion to a grade at or below the grade of major general or rear
admiral in the Navy is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 14107(a)(3)(A) of this title, that was
not furnished to the promotion board during its consideration of the
person for promotion as otherwise required by such section, the
Secretary shall convene a special selection review board under this
section to review the person and recommend whether the recommendation
for promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
``(B) shall not be forwarded to the Secretary of Defense,
the President, or the Senate, as applicable, or included on a
promotion list under section 14308(a) of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 14502(b)(2) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary of the military department
concerned shall specify in convening such special selection review
board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 14107(a)(2) of this title
to the promotion board that recommended the person for
promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 14107(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in paragraph (3)(B) of section 14107(a) of this
title applicable to the furnishing of information described in
paragraph (3)(A) of such section to promotion boards in accordance with
that section.
``(3)(A) Before information on person described in paragraph (1)(B)
is furnished to a special selection review board for purposes of this
section, the Secretary of the military department concerned shall
ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion of
the person under this section.
``(B) If information on an officer described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under
section 14107(a) of this title to the promotion board that
recommended the promotion of the person subject to review under
this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers of the same competitive category who
were recommended for promotion by the promotion board that recommended
the person for promotion, and an appropriate sampling of the records of
those officers who were considered by and not recommended for promotion
by that promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the
promotion board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary of the military
department concerned a written report, signed by each member of the
board, containing the name of each person whose recommendation for
promotion it recommends for sustainment and certifying that the board
has carefully considered the record and information of each person
whose name was referred to it.
``(2) The provisions of sections 14109(c), 14110, and 14111 of this
title apply to the report and proceedings of a special selection review
board convened under this section in the same manner as they apply to
the report and proceedings of a promotion board convened under section
14101(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
section 14308 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the reserve active-status list as
the person would have had pursuant to the original recommendation for
promotion of the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
``(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the Secretary
of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the Secretary of
a military department under section 14101(a) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1407 of such title is amended by inserting
after the item relating to section 14502 the following new
item:
``14502a. Special selection review boards.''.
(3) Delay in promotion.--Section 14311 of such title is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by adding at the end
the following new subparagraph:
``(F) The Secretary of the military department concerned
determines that credible information of adverse nature,
including a substantiated adverse finding or conclusion
described in section 14107(a)(3)(A) of this title, with respect
to the officer will result in the convening of a special
selection review board under section 14502a of this title to
review the officer and recommend whether the recommendation for
promotion of the officer should be sustained.''; and
(ii) by adding at the end the following new
paragraph:
``(2) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F) and whose recommendation for promotion is
sustained, authorities for the promotion of the officer are specified
in section 14502a(f) of this title.''; and
(B) in subsection (c), by adding at the end the
following new paragraph:
``(3) Notwithstanding paragraphs (1) and (2), in the case of an
officer whose promotion is delayed pursuant to subsection (a)(1)(F),
requirements applicable to notice and opportunity for response to such
delay are specified in section 14502a(c)(3) of this title.''.
(c) Requirements for Furnishing Adverse Information on Regular
Officers to Promotion Selection Boards.--
(1) Extension of requirements to space force regular
officers.--Subparagraph (B)(i) of section 615(a)(3) of title
10, United States Code, is amended by striking ``or, in the
case of the Navy, lieutenant'' and inserting ``, in the case of
the Navy, lieutenant, or in the case of the Space Force, the
equivalent grade''.
(2) Satisfaction of requirements through special selection
review boards.--Such section is further amended by adding at
the end the following new subparagraph:
``(D) With respect to the consideration of an officer for promotion
to a grade at or below major general, in the case of the Navy, rear
admiral, or, in the case of the Space Force, the equivalent grade, the
requirements in subparagraphs (A) and (C) may be met through the
convening and actions of a special selection review board with respect
to the officer under section 628a of this title.''.
(3) Delayed applicability of requirements to boards for
promotion of officers to non-general and flag officer grades.--
Subsection (c) of section 502 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended to read as follows:
``(c) Effective Date and Applicability.--
``(1) Effective date.--The amendments made by this section
shall take effect on December 20, 2019, and shall, except as
provided in paragraph (2), apply with respect to the
proceedings of promotion selection boards convened under
section 611(a) of title 10, United States Code, after that
date.
``(2) Delayed applicability for boards for promotion to
non-general and flag officer grades.--The amendments made this
section shall apply with respect to the proceedings of
promotion selection boards convened under section 611(a) of
title 10, United States Code, for consideration of officers for
promotion to a grade below the grade of brigadier general or,
in the case of the Navy, rear admiral (lower half), only if
such boards are so convened after January 1, 2021.''.
(d) Requirements for Furnishing Adverse Information on Reserve
Officers to Promotion Selection Boards.--Section 14107(a)(3) of title
10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking ``colonel, or, in the case of the Navy, captain'' and
inserting ``lieutenant colonel, or, in the case of the Navy,
commander''; and
(3) by adding at the end the following new subparagraphs
``(B) The standards and procedures referred to in subparagraph (A)
shall require the furnishing to the selection board, and to each
individual member of the board, the information described in that
subparagraph with regard to an officer in a grade specified in that
subparagraph at each stage or phase of the selection board, concurrent
with the screening, rating, assessment, evaluation, discussion, or
other consideration by the board or member of the official military
personnel file of the officer, or of the officer.
``(C) With respect to the consideration of an officer for promotion
to a grade at or below major general or, in the Navy, rear admiral, the
requirements in subparagraphs (A) and (B) may be met through the
convening and actions of a special selection board with respect to the
officer under section 14502a of this title.''.
SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION UNDER
ALTERNATIVE PROMOTION AUTHORITY.
Section 649c of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Inapplicability of Requirement Relating to Opportunities for
Consideration for Promotion.--Section 645(1)(A)(i)(I) of this title
shall not apply to the promotion of officers described in subsection
(a) to the extent that such section is inconsistent with a number of
opportunities for promotion specified pursuant to section 649d of this
title.''.
SEC. 506. MANDATORY RETIREMENT FOR AGE.
(a) General Rule.--Subsection (a) of section 1251 of title 10,
United States Code, is amended--
(1) by inserting ``Space Force,'' after ``or Marine
Corps,''; and
(2) by inserting ``or separated, as specified in subsection
(e),'' after ``shall be retired''.
(b) Deferred Retirement or Separation of Health Professions
Officers.--Subsection (b) of such section is amended--
(1) in the subsection heading, by inserting ``or
Separation'' after ``Retirement''; and
(2) in paragraph (1), by inserting ``or separation'' after
``retirement''.
(c) Deferred Retirement or Separation of Other Officers.--
Subsection (c) of such section is amended--
(1) in the subsection heading, by striking ``of Chaplains''
and inserting ``or Separation of Other Officers'';
(2) by inserting ``or separation'' after ``retirement'';
and
(3) by striking ``an officer who is appointed or designated
as a chaplain'' and inserting ``any officer other than a health
professions officer described in subsection (b)(2)''.
(d) Retirement or Separation Based on Years of Creditable
Service.--Such section is further amended by adding at the end the
following new subsection:
``(e) Retirement or Separation Based on Years of Creditable
Service.--The following rules shall apply to a regular commissioned
officer who is to be retired or separated under subsection (a):
``(1) If the officer has at least 6 but fewer than 20 years
of creditable service, the officer shall be separated, with
separation pay computed under section 1174(d)(1) of this title.
``(2) If the officer has fewer than 6 years of creditable
service, the officer shall be separated under subsection
(a).''.
SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON THE RETIRED
GRADE OF COMMISSIONED OFFICERS.
(a) Restatement.--
(1) In general.--Chapter 69 of title 10, United States
Code, is amended by striking section 1370 and inserting the
following new sections:
``Sec. 1370. Regular commissioned officers
``(a) Retirement in Highest Grade in Which Served Satisfactorily.--
``(1) In general.--Unless entitled to a different retired
grade under some other provision of law, a commissioned officer
(other than a commissioned warrant officer) of the Army, Navy,
Air Force, Marine Corps, or Space Force who retires under any
provision of law other than chapter 61 or 1223 of this title
shall be retired in the highest permanent grade in which such
officer is determined to have served on active duty
satisfactorily.
``(2) Determination of satisfactory service.--The
determination of satisfactory service of an officer in a grade
under paragraph (1) shall be made as follows:
``(A) By the Secretary of the military department
concerned, if the officer is serving in a grade at or
below the grade of major general, rear admiral in the
Navy, or the equivalent grade in the Space Force.
``(B) By the Secretary of Defense, if the officer
is serving or has served in a grade above the grade of
major general, rear admiral in the Navy, or the
equivalent grade in the Space Force.
``(3) Effect of misconduct in lower grade in
determination.--If the Secretary of a military department or
the Secretary of Defense, as applicable, determines that an
officer committed misconduct in a lower grade than the
retirement grade otherwise provided for the officer by this
section--
``(A) such Secretary may deem the officer to have
not served satisfactorily in any grade equal to or
higher than such lower grade for purposes of
determining the retirement grade of the officer under
this section; and
``(B) the grade next lower to such lower grade
shall be the retired grade of the officer under this
section.
``(4) Nature of retirement of certain reserve officers and
officers in temporary grades.--A reserve officer, or an officer
appointed to a position under section 601 of this title, who is
notified that the officer will be released from active duty
without the officer's consent and thereafter requests
retirement under section 7311, 8323, or 9311 of this title and
is retired pursuant to that request is considered for purposes
of this section to have been retired involuntarily.
``(5) Nature of retirement of certain removed officers.--An
officer retired pursuant to section 1186(b)(1) of this title is
considered for purposes of this section to have been retired
voluntarily.
``(b) Retirement of Officers Retiring Voluntarily.--
``(1) Service-in-grade requirement.--In order to be
eligible for voluntary retirement under any provision of this
title in a grade above the grade of captain in the Army, Air
Force, or Marine Corps, lieutenant in the Navy, or the
equivalent grade in the Space Force, a commissioned officer of
the Army, Navy, Air Force, Marine Corps, or Space Force must
have served on active duty in that grade for a period of not
less than three years, except that--
``(A) subject to subsection (c), the Secretary of
Defense may reduce such period to a period of not less
than two years for any officer; and
``(B) in the case of an officer to be retired in a
grade at or below the grade of major general in the
Army, Air Force, or Marine Corps, rear admiral in the
Navy, or an equivalent grade in the Space Force, the
Secretary of Defense may authorize the Secretary of the
military department concerned to reduce such period to
a period of not less than two years.
``(2) Limitation on delegation.--The authority of the
Secretary of Defense in subparagraph (A) of paragraph (1) may
not be delegated. The authority of the Secretary of a military
department in subparagraph (B) of paragraph (1), as delegated
to such Secretary pursuant to such subparagraph, may not be
further delegated.
``(3) Waiver of requirement.--Subject to subsection (c),
the President may waive the application of the service-in-grade
requirement in paragraph (1) to officers covered by that
paragraph in individual cases involving extreme hardship or
exceptional or unusual circumstances. The authority of the
President under this paragraph may not be delegated.
``(4) Limitation on reduction or waiver of requirement for
officers under investigation or pending misconduct.--In the
case of an officer to be retired in a grade above the grade of
colonel in the Army, Air Force, or Marine Corps, captain in the
Navy, or the equivalent grade in the Space Force, the service-
in-grade requirement in paragraph (1) may not be reduced
pursuant to that paragraph, or waived pursuant to paragraph
(3), while the officer is under investigation for alleged
misconduct or while there is pending the disposition of an
adverse personnel action against the officer.
``(5) Grade and fiscal year limitations on reduction or
waiver of requirements.--The aggregate number of members of an
armed force in a grade for whom reductions are made under
paragraph (1), and waivers are made under paragraph (3), in a
fiscal year may not exceed--
``(A) in the case of officers to be retired in a
grade at or below the grade of major in the Army, Air
Force, or Marine Corps, lieutenant commander in the
Navy, or the equivalent grade in the Space Force, the
number equal to two percent of the authorized active-
duty strength for that fiscal year for officers of that
armed force in that grade;
``(B) in the case of officers to be retired in the
grade of lieutenant colonel or colonel in the Army, Air
Force, or Marine Corps, commander or captain in the
Navy, or an equivalent grade in the Space Force, the
number equal to four percent of the authorized active-
duty strength for that fiscal year for officers of that
armed force in the applicable grade; or
``(C) in the case of officers to be retired in the
grade of brigadier general or major general in the
Army, Air Force, or Marine Corps, rear admiral (lower
half) or rear admiral in the Navy, or an equivalent
grade in the Space Force, the number equal to 10
percent of the authorized active-duty strength for that
fiscal year for officers of that armed force in the
applicable grade.
``(6) Notice to congress on reduction or waiver of
requirements for general, flag, and equivalent officer
grades.--In the case of an officer to be retired in a grade
that is a general or flag officer grade, or an equivalent grade
in the Space Force, who is eligible to retire in that grade
only by reason of an exercise of the authority in paragraph (1)
to reduce the service-in-grade requirement in that paragraph,
or the authority in paragraph (3) to waive that requirement,
the Secretary of Defense or the President, as applicable,
shall, not later than 60 days prior to the date on which the
officer will be retired in that grade, notify the Committees on
Armed Services of the Senate and the House of Representatives
of the exercise of the applicable authority with respect to
that officer.
``(7) Retirement in next lowest grade for officers not
meeting requirement.--An officer described in paragraph (1)
whose length of service in the highest grade held by the
officer while on active duty does not meet the period of the
service-in-grade requirement applicable to the officer under
this subsection shall, subject to subsection (c), be retired in
the next lower grade in which the officer served on active duty
satisfactorily, as determined by the Secretary of the military
department concerned or the Secretary of Defense, as
applicable.
``(c) Officers in O-9 and O-10 Grades.--
``(1) In general.--An officer of the Army, Navy, Air Force,
Marine Corps, or Space Force who is serving or has served in a
position of importance and responsibility designated by the
President to carry the grade of lieutenant general or general
in the Army, Air Force, or Marine Corps, vice admiral or
admiral in the Navy, or an equivalent grade in the Space Force
under section 601 of this title may be retired in such grade
under subsection (a) only after the Secretary of Defense
certifies in writing to the President and the Committees on
Armed Services of the Senate and the House of Representatives
that the officer served on active duty satisfactorily in such
grade.
``(2) Prohibition on delegation.--The authority of the
Secretary of Defense to make a certification with respect to an
officer under paragraph (1) may not be delegated.
``(3) Requirements in connection with certification.--A
certification with respect to an officer under paragraph (1)
shall--
``(A) be submitted by the Secretary of Defense such
that it is received by the President and the Committees
on Armed Services of the Senate and the House of
Representatives not later than 60 days prior to the
date on which the officer will be retired in the grade
concerned;
``(B) include an up-to-date copy of the military
biography of the officer; and
``(C) include the statement of the Secretary as to
whether or not potentially adverse, adverse, or
reportable information regarding the officer was
considered by the Secretary in making the
certification.
``(4) Construction with other notice.--In the case of an
officer under paragraph (1) to whom a reduction in the service-
in-grade requirement under subsection (b)(1) or waiver under
subsection (b)(3) applies, the requirement for notification
under subsection (b)(6) is satisfied if the notification is
included in the certification submitted by the Secretary of
Defense under paragraph (1).
``(d) Conditional Retirement Grade and Retirement for Officers
Pending Investigation or Adverse Action.--
``(1) In general.--When an officer serving in a grade at or
below the grade of major general in the Army, Air Force, or
Marine Corps, rear admiral in the Navy, or an equivalent grade
in the Space Force is under investigation for alleged
misconduct or pending the disposition of an adverse personnel
action at the time of retirement, the Secretary of the military
department concerned may--
``(A) conditionally determine the highest permanent
grade of satisfactory service on active duty of the
officer pending completion of the investigation or
resolution of the personnel action, as applicable; and
``(B) retire the officer in that conditional grade,
subject to subsection (e).
``(2) Officers in o-9 and o-10 grades.--When an officer
described by subsection (c)(1) is under investigation for
alleged misconduct or pending the disposition of an adverse
personnel action at the time of retirement, the Secretary of
Defense may--
``(A) conditionally determine the highest permanent
grade of satisfactory service on active duty of the
officer, pending completion of the investigation or
personnel action, as applicable; and
``(B) retire the officer in that conditional grade,
subject to subsection (e).
``(3) Reduction or waiver of service-in-grade requirement
prohibited for general, flag, and equivalent officer grades.--
In conditionally determining the retirement grade of an officer
under paragraph (1)(A) or (2)(A) of this subsection to be a
grade above the grade of colonel in the Army, Air Force, or
Marine Corps, captain in the Navy, or the equivalent grade in
the Space Force, the service-in-grade requirement in subsection
(b)(1) may not be reduced pursuant to subsection (b)(1) or
waived pursuant to subsection (b)(3).
``(4) Prohibition on delegation.--The authority of the
Secretary of a military department under paragraph (1) may not
be delegated. The authority of the Secretary of Defense under
paragraph (2) may not be delegated.
``(e) Final Retirement Grade Following Resolution of Pending
Investigation or Adverse Action.--
``(1) No change from conditional retirement grade.--If the
resolution of an investigation or personnel action with respect
to an officer who has been retired in a conditional retirement
grade pursuant to subsection (d) results in a determination
that the conditional retirement grade in which the officer was
retired will not be changed, the conditional retirement grade
of the officer shall, subject to paragraph (3), be the final
retired grade of the officer.
``(2) Change from conditional retirement grade.--If the
resolution of an investigation or personnel action with respect
to an officer who has been retired in a conditional retirement
grade pursuant to subsection (d) results in a determination
that the conditional retirement grade in which the officer was
retired should be changed, the changed retirement grade shall
be the final retired grade of the officer under this section,
except that if the final retirement grade provided for an
officer pursuant to this paragraph is the grade of lieutenant
general or general in the Army, Air Force, or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade in
the Space Force, the requirements in subsection (c) shall apply
in connection with the retirement of the officer in such final
retirement grade.
``(3) Recalculation of retired pay.--
``(A) In general.--If the final retired grade of an
officer is as a result of a change under paragraph (2),
the retired pay of the officer under chapter 71 of this
title shall be recalculated accordingly, with any
modification of the retired pay of the officer to go
into effect as of the date of the retirement of the
officer.
``(B) Payment of higher amount for period of
conditional retirement grade.--If the recalculation of
the retired pay of an officer results in an increase in
retired pay, the officer shall be paid the amount by
which such increased retired pay exceeded the amount of
retired pay paid the officer for retirement in the
officer's conditional grade during the period beginning
on the date of the retirement of the officer in such
conditional grade and ending on the effective date of
the change of the officer's retired grade. For an
officer whose retired grade is determined pursuant to
subsection (c), the effective date of the change of the
officer's retired grade for purposes of this
subparagraph shall be the date that is 60 days after
the date on which the Secretary of Defense submits to
the Committees on Armed Services of the Senate and the
House of Representatives the certification required by
subsection (c) in connection with the retired grade of
the officer.
``(C) Recoupment of overage during period of
conditional retirement grade.--If the recalculation of
the retired pay of an officer results in a decrease in
retired pay, there shall be recouped from the officer
the amount by which the amount of retired pay paid the
officer for retirement in the officer's conditional
grade exceeded such decreased retired pay during the
period beginning on the date of the retirement of the
officer in such conditional grade and ending on the
effective date of the change of the officer's retired
grade.
``(f) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional determination
authorized by subsection (d), a determination of the retired
grade of an officer pursuant to this section is
administratively final on the day the officer is retired, and
may not be reopened, except as provided in paragraph (2).
``(2) Reopening.--A final determination of the retired
grade of an officer may be reopened as follows:
``(A) If the retirement or retired grade of the
officer was procured by fraud.
``(B) If substantial evidence comes to light after
the retirement that could have led to determination of
a different retired grade under this section if known
by competent authority at the time of retirement.
``(C) If a mistake of law or calculation was made
in the determination of the retired grade.
``(D) If the applicable Secretary determines,
pursuant to regulations prescribed by the Secretary of
Defense, that good cause exists to reopen the
determination of retired grade.
``(3) Applicable secretary.--For purposes of this
subsection, the applicable Secretary for purposes of a
determination or action specified in this subsection is--
``(A) the Secretary of the military department
concerned, in the case of an officer retired in a grade
at or below the grade of major general in the Army, Air
Force, or Marine Corps, rear admiral in the Navy, or
the equivalent grade in the Space Force; or
``(B) the Secretary of Defense, in the case of an
officer retired in a grade of lieutenant general or
general in the Army, Air Force, or Marine Corps, vice
admiral or admiral in the Navy, or an equivalent grade
in the Space Force.
``(4) Notice and limitation.--If a final determination of
the retired grade of an officer is reopened in accordance with
paragraph (2), the applicable Secretary--
``(A) shall notify the officer of the reopening;
and
``(B) may not make an adverse determination on the
retired grade of the officer until the officer has had
a reasonable opportunity to respond regarding the basis
for the reopening of the officer's retired grade.
``(5) Additional notice on reopening for officers retired
in o-9 and o-10 grades.--If the determination of the retired
grade of an officer whose retired grade was provided for
pursuant to subsection (c) is reopened, the Secretary of
Defense shall also notify the President and the Committees on
Armed Services of the Senate and the House of Representatives.
``(6) Manner of making of change.--If the retired grade of
an officer is proposed to be changed through the reopening of
the final determination of an officer's retired grade under
this subsection, the change in grade shall be made--
``(A) in the case of an officer whose retired grade
is to be changed to a grade at or below the grade of
major general in the Army, Air Force or Marine Corps,
rear admiral in the Navy, or the equivalent grade in
the Space Force, in accordance with subsections (a) and
(b)--
``(i) by the Secretary of Defense (who may
delegate such authority only as authorized by
clause (ii)); or
``(ii) if authorized by the Secretary of
Defense, by the Secretary of the military
department concerned (who may not further
delegate such authority);
``(B) in the case of an officer whose retired grade
is to be changed to the grade of lieutenant general or
general in the Army, Air Force, or Marine Corps, vice
admiral or admiral in the Navy, or an equivalent grade
in the Space Force, by the President, by and with the
advice and consent of the Senate.
``(7) Recalculation of retired pay.--If the final retired
grade of an officer is changed through the reopening of the
officer's retired grade under this subsection, the retired pay
of the officer under chapter 71 of this title shall be
recalculated. Any modification of the retired pay of the
officer as a result of the change shall go into effect on the
effective date of the change of the officer's retired grade,
and the officer shall not be entitled or subject to any changed
amount of retired pay for any period before such effective
date. An officer whose retired grade is changed as provided in
paragraph (6)(B) shall not be entitled or subject to a change
in retired pay for any period before the date on which the
Senate provides advice and consent for the retirement of the
officer in such grade.
``(g) Highest Permanent Grade Defined.--In this section, the term
`highest permanent grade' means a grade at or below the grade of major
general in the Army, Air Force, or Marine Corps, rear admiral in the
Navy, or an equivalent grade in the Space Force.
``Sec. 1370a. Officers entitled to retired pay for non-regular service
``(a) Retirement in Highest Grade Held Satisfactorily.--Unless
entitled to a different grade, or to credit for satisfactory service in
a different grade under some other provision of law, a person who is
entitled to retired pay under chapter 1223 of this title shall, upon
application under section 12731 of this title, be credited with
satisfactory service in the highest permanent grade in which that
person served satisfactorily at any time in the armed forces, as
determined by the Secretary of the military department concerned in
accordance with this section.
``(b) Service-in-grade Requirement for Officers in Grades Below O-
5.--In order to be credited with satisfactory service in an officer
grade (other than a warrant officer grade) below the grade of
lieutenant colonel or commander (in the case of the Navy), a person
covered by subsection (a) must have served satisfactorily in that grade
(as determined by the Secretary of the military department concerned)
as a reserve commissioned officer in an active status, or in a retired
status on active duty, for not less than six months.
``(c) Service-in-grade Requirement for Offices in Grades Above O-
4.--
``(1) In general.--In order to be credited with
satisfactory service in an officer grade above major or
lieutenant commander (in the case of the Navy), a person
covered by subsection (a) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not
less than three years.
``(2) Satisfaction of requirement by certain officers not
completing three years.--A person covered by paragraph (1) who
has completed at least six months of satisfactory service in
grade may be credited with satisfactory service in the grade in
which serving at the time of transfer or discharge,
notwithstanding failure of the person to complete three years
of service in that grade, if the person is transferred from an
active status or discharged as a reserve commissioned officer--
``(A) solely due to the requirements of a
nondiscretionary provision of law requiring that
transfer or discharge due to the person's age or years
of service; or
``(B) because the person no longer meets the
qualifications for membership in the Ready Reserve
solely because of a physical disability, as determined,
at a minimum, by a medical evaluation board and at the
time of such transfer or discharge the person (pursuant
to section 12731b of this title or otherwise) meets the
service requirements established by section 12731(a) of
this title for eligibility for retired pay under
chapter 1223 of this title, unless the disability is
described in section 12731b of this title.
``(3) Reduction in service-in-grade requirements.--
``(A) Officers in grades below general and flag
officer grades.--In the case of a person to be retired
in a grade below brigadier general or rear admiral
(lower half) in the Navy, the Secretary of Defense may
authorize the Secretary of a military department to
reduce, subject to subparagraph (B), the three-year
period of service-in-grade required by paragraph (1) to
a period not less than two years. The authority of the
Secretary of a military department under this
subparagraph may not be delegated.
``(B) Limitation.--The number of reserve
commissioned officers of an armed force in the same
grade for whom a reduction is made under subparagraph
(A) during any fiscal year in the period of service-in-
grade otherwise required by paragraph (1) may not
exceed the number equal to 2 percent of the strength
authorized for that fiscal year for reserve
commissioned officers of that armed force in an active
status in that grade.
``(C) Officers in general and flag officers
grades.--The Secretary of Defense may reduce the three-
year period of service-in-grade required by paragraph
(1) to a period not less than two years for any person,
including a person who, upon transfer to the Retired
Reserve or discharge, is to be credited with
satisfactory service in a general or flag officer grade
under that paragraph. The authority of the Secretary of
Defense under this subparagraph may not be delegated.
``(D) Notice to congress on reduction in service-
in-grade requirements for general and flag officer
grades.--In the case of a person to be credited under
this section with satisfactory service in a grade that
is a general or flag officer grade who is eligible to
be credited with such service in that grade only by
reason of an exercise of authority in subparagraph (C)
to reduce the three-year service-in-grade requirement
otherwise applicable under paragraph (1), the Secretary
of Defense shall, not later than 60 days prior to the
date on which the person will be credited with such
satisfactory service in that grade, notify the
Committees on Armed Services of the Senate and the
House of Representatives of the exercise of authority
in subparagraph (C) with respect to that person.
``(4) Officers serving in grades above o-6 involuntarily
transferred from active status.--A person covered by paragraph
(1) who has completed at least six months of satisfactory
service in a grade above colonel or (in the case of the Navy)
captain and, while serving in an active status in such grade,
is involuntarily transferred (other than for cause) from active
status may be credited with satisfactory service in the grade
in which serving at the time of such transfer, notwithstanding
failure of the person to complete three years of service in
that grade.
``(5) Adjutants and assistant adjutants general.--If a
person covered by paragraph (1) has completed at least six
months of satisfactory service in grade, the person was serving
in that grade while serving in a position of adjutant general
required under section 314 of title 32 or while serving in a
position of assistant adjutant general subordinate to such a
position of adjutant general, and the person has failed to
complete three years of service in that grade solely because
the person's appointment to such position has been terminated
or vacated as described in section 324(b) of such title, the
person may be credited with satisfactory service in that grade,
notwithstanding the failure of the person to complete three
years of service in that grade.
``(6) Officers recommended for promotion serving in certain
grade before promotion.--To the extent authorized by the
Secretary of the military department concerned, a person who,
after having been recommended for promotion in a report of a
promotion board but before being promoted to the recommended
grade, served in a position for which that grade is the minimum
authorized grade may be credited for purposes of paragraph (1)
as having served in that grade for the period for which the
person served in that position while in the next lower grade.
The period credited may not include any period before the date
on which the Senate provides advice and consent for the
appointment of that person in the recommended grade.
``(7) Officers qualified for federal recognition serving in
certain grade before appointment.--To the extent authorized by
the Secretary of the military department concerned, a person
who, after having been found qualified for Federal recognition
in a higher grade by a board under section 307 of title 32,
serves in a position for which that grade is the minimum
authorized grade and is appointed as a reserve officer in that
grade may be credited for the purposes of paragraph (1) as
having served in that grade. The period of the service for
which credit is afforded under the preceding sentence may be
only the period for which the person served in the position
after the Senate provides advice and consent for the
appointment.
``(8) Retirement in next lowest grade for officers not
meeting service-in-grade requirements.--A person whose length
of service in the highest grade held does not meet the service-
in-grade requirements specified in this subsection shall be
credited with satisfactory service in the next lower grade in
which that person served satisfactorily (as determined by the
Secretary of the military department concerned) for not less
than six months.
``(d) Officers in O-9 and O-10 Grades.--
``(1) In general.--A person covered by this section in the
Army, Navy, Air Force, or Marine Corps who is serving or has
served in a position of importance and responsibility
designated by the President to carry the grade of lieutenant
general or general in the Army, Air Force, or Marine Corps, or
vice admiral or admiral in the Navy under section 601 of this
title may be retired in such grade under subsection (a) only
after the Secretary of Defense certifies in writing to the
President and the Committees on Armed Services of the Senate
and the House of Representatives that the officer served
satisfactorily in such grade.
``(2) Prohibition on delegation.--The authority of the
Secretary of Defense to make a certification with respect to an
officer under paragraph (1) may not be delegated.
``(3) Requirements in connection with certification.--A
certification with respect to an officer under paragraph (1)
shall--
``(A) be submitted by the Secretary of Defense such
that it is received by the President and the Committees
on Armed Services of the Senate and the House of
Representatives not later than 60 days prior to the
date on which the officer will be retired in the grade
concerned;
``(B) include an up-to-date copy of the military
biography of the officer; and
``(C) include the statement of the Secretary as to
whether or not potentially adverse, adverse, or
reportable information regarding the officer was
considered by the Secretary in making the
certification.
``(4) Construction with other notice.--In the case of an
officer under paragraph (1) who is eligible to be credited with
service in a grade only by reason of the exercise of the
authority in subsection (c)(3)(C) to reduce the three-year
service-in-grade requirement under subsection (c)(1), the
requirement for notification under subsection (c)(3)(D) is
satisfied if the notification is included in the certification
submitted by the Secretary of Defense under paragraph (1).
``(e) Conditional Retirement Grade and Retirement for Officers
Under Investigation for Misconduct or Pending Adverse Personnel
Action.--The retirement grade, and retirement, of a person covered by
this section who is under investigation for alleged misconduct or
pending the disposition of an adverse personnel action at the time of
retirement is as provided for by section 1370(d) of this title. In the
application of such section 1370(d) for purposes of this subsection,
any reference `active duty' shall be deemed not to apply, and any
reference to a provision of section 1370 of this title shall be deemed
to be a reference to the analogous provision of this section.
``(f) Final Retirement Grade Following Resolution of Pending
Investigation or Adverse Action.--The final retirement grade under this
section of a person described in subsection (e) following resolution of
the investigation or personnel action concerned is the final retirement
grade provided for by section 1370(e) of this title. In the application
of such section 1370(e) for purposes of this subsection, any reference
to a provision of section 1370 of this title shall be deemed to be a
reference to the analogous provision of this section. In the
application of paragraph (3) of such section 1370e(e) for purposes of
this subsection, the reference to `chapter 71' of this title shall be
deemed to be a reference to `chapter 1223 of this title'.
``(g) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional determination
authorized by subsection (e), a determination of the retired
grade of a person pursuant to this section is administratively
final on the day the person is retired, and may not be
reopened.
``(2) Reopening.--A determination of the retired grade of a
person may be reopened in accordance with applicable provisions
of section 1370(f) of this title. In the application of such
section 1370(f) for purposes of this subsection, any reference
to a provision of section 1370 of this title shall be deemed to
be a reference to the analogous provision of this section. In
the application of paragraph (7) of such section 1370(f) for
purposes of this paragraph, the reference to `chapter 71 of
this title' shall be deemed to be a reference to `chapter 1223
of this title'.
``(h) Highest Permanent Grade Defined.--In this section, the term
`highest permanent grade' means a grade at or below the grade of major
general in the Army, Air Force, or Marine Corps or rear admiral in the
Navy.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 69 of title 10, United States Code, is
amended by striking the item relating to section 1370 and
inserting the following new items:
``1370. Regular commissioned officers.
``1370a. Officers entitled to retired pay for non-regular service.''.
(b) Conforming and Technical Amendments to Retired Grade Rules for
the Armed Forces.--
(1) Retired pay.--Title 10, United States Code, is amended
as follows:
(A) In section 1406(b)(2), by striking ``section
1370(d)'' and inserting ``section 1370a''.
(B) In section 1407(f)(2)(B), by striking ``by
reason of denial of a determination or certification
under section 1370'' and inserting ``pursuant to
section 1370 or 1370a''.
(2) Army.--Section 7341 of such title is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370a of this title.''; and
(B) in subsection (b)--
(i) by striking ``he'' and inserting ``the
member''; and
(ii) by striking ``his'' and inserting
``the member's''.
(3) Navy and marine corps.--Such title is further amended
as follows:
(A) In section 8262(a), by striking ``sections 689
and 1370'' and inserting ``section 689, and section
1370 or 1370a (as applicable),''.
(B) In section 8323(c), by striking ``section 1370
of this title'' and inserting ``section 1370 or 1370a
of this title, as applicable''.
(4) Air force and space force.--Section 9341 of such title
is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Air Force or the Space Force who retires other than for physical
disability is determined under section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the
Air Force or the Space Force who retires other than for physical
disability is determined under section 1370a of this title.''; and
(B) in subsection (b)--
(i) by inserting ``or a Regular or Reserve
of the Space Force'' after ``Air Force'';
(ii) by striking ``he'' and inserting ``the
member''; and
(iii) by striking ``his'' and inserting
``the member's''.
(5) Reserve officers.--Section 12771 of such title is
amended--
(A) in subsection (a), by striking ``section
1370(d)'' and inserting ``section 1370a of this
title''; and
(B) in subsection (b)(1), by striking ``section
1370(d)'' and inserting ``section 1370a''.
(c) Other References.--In the determination of the retired grade of
a commissioned officer of the Armed Forces entitled to retired pay
under chapter 1223 of title 10, United States Code, who retires after
the date of the enactment of this Act, any reference in a provision of
law or regulation to section 1370 of title 10, United States Code, in
such determination with respect to such officer shall be deemed to be a
reference to section 1370a of title 10, United States Code (as amended
by subsection (a)).
SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF REGULAR NAVY
OFFICERS DESIGNATED FOR ENGINEERING DUTY, AERONAUTICAL
ENGINEERING DUTY, AND SPECIAL DUTY.
(a) Repeal.--Section 8137 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 815 of such title is amended by striking the item relating to
section 8137.
Subtitle B--Reserve Component Management
SEC. 511. EXCLUSION OF CERTAIN RESERVE GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY FROM LIMITATIONS ON AUTHORIZED STRENGTHS.
(a) Duty for Certain Reserve Officers Under Joint Duty Limited
Exclusion.--Subsection (b) of section 526a of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(3) Duty for certain reserve officers.--Of the officers
designated pursuant to paragraph (1), the Chairman of the Joint
Chiefs of Staff may designate up to 15 general and flag officer
positions in the unified and specified combatant commands, and
up to three general and flag officer positions on the Joint
Staff, as positions to be held only by reserve officers who are
in a general or flag officer grade below lieutenant general or
vice admiral. Each position so designated shall be considered
to be a joint duty assignment position for purposes of chapter
38 of this title.''.
(b) Reserve Officers on Active Duty for Training or for Less Than
180 Days.--Such section is further amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Reserve Officers on Active Duty for Training or for Less Than
180 Days.--The limitations of this section do not apply to a reserve
general or flag officer who--
``(1) is on active duty for training; or
``(2) is on active duty under a call or order specifying a
period of less than 180 days.''.
Subtitle C--General Service Authorities
SEC. 516. INCREASED ACCESS TO POTENTIAL RECRUITS.
(a) Secondary Schools.--Section 503(c)(1) of title 10, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking ``and telephone
listings,'' and all that follows through the period at
the end and inserting ``electronic mail addresses, home
telephone numbers, and mobile telephone numbers,
notwithstanding subsection (a)(5)(B) or (b) of section
444 of the General Education Provisions Act (20 U.S.C.
1232g); and''; and
(C) by adding at the end the following new clause:
``(iii) shall provide information requested pursuant to
clause (ii) within a reasonable period of time, but in no event
later than 60 days after the date of the request.''; and
(2) in subparagraph (B), by striking ``and telephone
listing'' and inserting ``electronic mail address, home
telephone number, or mobile telephone number''.
(b) Institutions of Higher Education.--Section 983(b) of such title
is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and
telephone listings'' and inserting ``electronic mail
addresses, home telephone numbers, and mobile telephone
numbers, which information shall be made available not
later than 60 days after the start of classes for the
current semester or not later than 60 days after the
date of a request, whichever is later''; and
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) access by military recruiters for purposes of
military recruiting to lists of students (who are 17 years of
age or older) not returning to the institution after having
been enrolled during the previous semester, together with
student recruiting information and the reason why the student
did not return, if collected by the institution.''.
SEC. 517. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR
NATIONAL EMERGENCY.
Section 688a of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Exceptions During Periods of War or National Emergency.--The
limitations in subsections (c) and (f) shall not apply during a time of
war or of national emergency declared by Congress or the President.''.
SEC. 518. CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM
214) MATTERS.
(a) Redesignation as Certificate of Military Service.--
(1) In general.--Department of Defense Form DD 214, the
Certificate of Release or Discharge from Active Duty, is hereby
redesignated as the Certificate of Military Service.
(2) Conforming amendment.--Section 1168(a) of title 10,
United States Code, is amended by striking ``discharge
certificate or certificate of release from active duty,
respectively,'' and inserting ``Certificate of Military
Serve''.
(3) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to
Department of Defense Form DD 214, the Certificate of Release
or Discharge from Active Duty, shall be deemed to be a
reference to the Certificate of Military Service.
(4) Technical amendments.--Such section 1168(a) is further
amended--
(A) by striking ``until his'' and inserting ``until
the member's'';
(B) by striking ``his final pay'' and inserting
``the member's final pay''; and
(C) by striking ``him or his next of kin'' and
inserting ``the member or the member's next of kin''.
(5) Effective dates.--
(A) In general.--Except as provided in subparagraph
(B), this subsection and the amendments made by this
subsection shall take effect on the date provided for
in subsection (d) of section 569 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), as redesignated by subsection (b)(1)(B) of
this section.
(B) Technical amendments.--The amendments made by
paragraph (4) of this subsection shall take effect on
the date of the enactment of this Act.
(b) Additional Requirements.--
(1) In general.--Section 569 of the National Defense
Authorization Act for Fiscal Year 2020 is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (4), respectively;
(ii) by inserting before paragraph (2), as
redesignated by clause (i), the following new
paragraph (1);
``(1) redesignate such form as the Certificate of Military
Service;''.
(iii) in paragraph (2), as so redesignated,
by striking ``and'' at the end; and
(iv) by inserting after paragraph (2), as
so redesignated, the following new paragraph:
``(3) provide for a standard total force record of military
service for all members of the Armed Forces, including member
of the reserve components, that summarizes the record of
service for each member; and'';
(B) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively;
(C) by inserting after subsection (a) the following
new subsections:
``(b) Issuance to Reserves.--The Secretary of Defense shall provide
for the issuance of the Certificate of Military Service, as modified
pursuant to subsection (a), to members of the reserve components of the
Armed Forces at such times during their military service as is
appropriate to facilitate their access to benefits under the laws
administered by the Secretary of Veterans Affairs.
``(c) Coordination.--In carrying out this section, the Secretary of
Defense shall coordinate with the Secretary of Veterans Affairs to
ensure that the Certificate of Military Service, as modified pursuant
to subsection (a), is recognized as the Certificate of Military Service
referred to in section 1168(a) of title 10, United States Code, and for
the purposes of establishing eligibility for applicable benefits under
the laws administered by the Secretary of Veterans Affairs.''; and
(D) in subsection (d), as redesignated by
subparagraph (B), by striking ``a revised Certificate
of Release or Discharge from Active Duty (DD Form 214),
modified'' and inserting ``the Certificate of Military
Service, as modified''.
(2) Conforming amendment.--The heading of such section 569
is amended to read as follows:
``SEC. 569. CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD
FORM 214) MATTERS.''.
(3) Repeal of superseded requirements.--Section 570 of the
National Defense Authorization Act for Fiscal Year 2020 is
repealed.
SEC. 519. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN
UNITS OF THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) In 1999, the RAND Corporation issued a report entitled
``Barriers to Minority Participation in Special Operations
Forces'' that was sponsored by United States Special Operations
Command.
(2) In 2018, the RAND Corporation issued a report entitles
``Understanding Demographic Differences in Undergraduate Pilot
Training Attrition'' that was sponsored by the Air Force.
(3) No significant independent study has been performed by
a federally funded research and development center into
increasing minority participation in the special operations
forces since 1999.
(b) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall,
acting through the Under Secretary of Defense for Personnel and
Readiness, seek to enter into an agreement with a federally
funded research and development center.
(2) Elements.--The evaluation under paragraph (1) shall
include the following elements:
(A) A description of the racial, ethnic, and gender
composition of covered units.
(B) A comparison of the participation rates of
minority populations in covered units to participation
rates of the general population as members and as
officers of the Armed Forces.
(C) A comparison of the percentage of minority
officers in the grade of O-7 or higher who have served
in each covered unit to such percentage for all such
officers in the Armed Force of that covered unit.
(D) An identification of barriers to minority
participation in the accession, assessment, and
training processes.
(E) The status and effectiveness of the response to
the recommendations contained in the report referred to
in subsection (a)(1) and any follow-up recommendations.
(F) Recommendations to increase the numbers of
minority officers in the Armed Forces.
(G) Recommendations to increase minority
participation in covered units.
(H) Any other matters the Secretary determines
appropriate.
(3) Report to congress.--The Secretary shall--
(A) submit to the congressional defense committees
a report on the results of the study by not later than
January 1, 2022; and
(B) provide interim briefings to such committees
upon request.
(c) Designation.--The study conducted under subsection (b) shall be
known as the ``Study on Reducing Barriers to Minority Participation in
Elite Units in the Armed Services''.
(d) Implementation Plan.--The Secretary shall submit to the
congressional defense committees a report setting forth an
implementation plan for the recommendations that the Secretary
implements under this section, including--
(1) the response of the Secretary to each such
recommendation;
(2) a summary of actions the Secretary has carried out, or
intends to carry out, to implement such recommendations, as
appropriate; and
(3) a schedule, with specific milestones, for completing
the implementation of such recommendations.
(e) Covered Units Defined.--In this section, the term ``covered
units'' means the following:
(1) Any forces designated by the Secretary as special
operations forces.
(2) Air Force Combat Control Teams.
(3) Air Force Pararescue.
(4) Marine Corps Force Reconnaissance.
(5) Coast Guard Deployable Operations Group.
(6) Pilot and navigator military occupational specialties.
SEC. 520. REPORTS ON DIVERSITY AND INCLUSION IN THE ARMED FORCES.
(a) Report on Findings of Defense Board on Diversity and Inclusion
in the Military.--
(1) In general.--Upon the completion by the Defense Board
on Diversity and Inclusion in the Military of its report on
actionable recommendations to increase racial diversity and
ensure equal opportunity across all grades of the Armed Forces,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the House of Representatives a
report on the report of the Defense Board, including the
findings and recommendations of the Defense Board.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive description of the findings and
recommendations of the Defense Board in its report
referred to in paragraph (1).
(B) A comprehensive description of any actionable
recommendations of the Defense Board in its report.
(C) A description of the actions proposed to be
undertaken by the Secretary in connection with such
recommendations, and a timeline for implementation of
such actions.
(D) A description of the resources used by the
Defense Board for its report, and a description and
assessment of any shortfalls in such resources for
purposes of the Defense Board.
(b) Report on Defense Advisory Committee on Diversity and Inclusion
in the Armed Forces.--
(1) In general.--At the same time the Secretary of Defense
submits the report required by subsection (a), the Secretary
shall also submit to the Committee on Armed Services of the
Senate and the House of Representatives a report on the Defense
Advisory Committee on Diversity and Inclusion in the Armed
Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The mission statement or purpose of the
Advisory Committee, and any proposed objectives and
goals of the Advisory Committee.
(B) A description of current members of the
Advisory Committee and the criteria used for selecting
members.
(C) A description of the duties and scope of
activities of the Advisory Committee.
(D) The reporting structure of the Advisory
Committee.
(E) An estimate of the annual operating costs and
staff years of the Advisory Committee.
(F) An estimate of the number and frequency of
meetings of the Advisory Committee.
(G) Any subcommittees, established or proposed,
that would support the Advisory Committee.
(H) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate to extend the term of the Advisory
Committee beyond the proposed termination date of the
Advisory Committee.
(c) Report on Current Diversity and Inclusion in the Armed
Forces.--
(1) In general.--At the same time the Secretary of Defense
submits the reports required by subsections (a) and (b), the
Secretary shall also submit to the Committee on Armed Services
of the Senate and the House of Representatives a report on
current diversity and inclusion in the Armed Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification of the current racial,
ethnic, and sex composition of each Armed Force
generally.
(B) An identification of the current racial,
ethnic, and sex composition of each Armed Force by
grade.
(C) A comparison of the participation rates of
minority populations in officer grades, warrant officer
grades, and enlisted member grades in each Armed Force
with the percentage of such populations among the
general population.
(D) A comparison of the participation rates of
minority populations in each career field in each Armed
Force with the percentage of such populations among the
general population.
(E) A comparison among the Armed Forces of the
percentage of minority populations in each officer
grade above grade O-4.
(F) A comparison among the Armed Forces of the
percentage of minority populations in each enlisted
grade above grade E-6.
(G) A description and assessment of barriers to
minority participation in the Armed Forces in
connection with accession, assessment, and training.
(d) Sense of Senate on Defense Advisory Committee on Diversity and
Inclusion in the Armed Forces.--It is the sense of the Senate that the
Defense Advisory Committee on Diversity and Inclusion in the Armed
Forces--
(1) should consist of diverse group of individuals,
including--
(A) a general or flag officer from each regular
component of the Armed Forces;
(B) a retired general or flag officer from not
fewer than two of the Armed Forces;
(C) a regular officer of the Armed Forces in a
grade O-5 or lower;
(D) a regular enlisted member of the Armed Forces
in a grade E-7 or higher;
(E) a regular enlisted member of the Armed Forces
in a grade E-6 or lower;
(F) a member of a reserve component of the Armed
Forces in any grade;
(G) a member of the Department of Defense civilian
workforce;
(H) an member of the academic community with
expertise in diversity studies; and
(I) an individual with appropriate expertise in
diversity and inclusion;
(2) should include individuals from a variety of military
career paths, including--
(A) aviation;
(B) special operations;
(C) intelligence;
(D) cyber;
(E) space; and
(F) surface warfare;
(3) should have a membership such that not fewer than 20
percent of members possess--
(A) a firm understanding of the role of mentorship
and best practices in finding and utilizing mentors;
(B) experience and expertise in change of culture
of large organizations; or
(C) experience and expertise in implementation
science; and
(4) should focus on objectives that address--
(A) barriers to promotion within the Armed Forces,
including development of recommendations on mechanisms
to enhance and increase racial diversity and ensure
equal opportunity across all grades in the Armed
Forces;
(B) participation of minority officers and senior
noncommissioned officers in the Armed Forces, including
development of recommendations on mechanisms to enhance
and increase such participation;
(C) recruitment of minority candidates for
innovative pre-service programs in the Junior Reserve
Officers' Training Corps (JROTC), Senior Reserve
Officers' Training Corps (SROTC), and military service
academies, including programs in connection with flight
instruction, special operations, and national security,
including development of recommendations on mechanisms
to enhance and increase such recruitment;
(D) retention of minority individuals in senior
leadership and mentorship positions in the Armed
Forces, including development of recommendations on
mechanisms to enhance and increase such retention; and
(E) achievement of cultural and ethnic diversity in
recruitment for the Armed Forces, including development
of recommendations on mechanisms to enhance and
increase such diversity in recruitment.
Subtitle D--Military Justice and Related Matters
PART I--INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT AND
RELATED MATTERS
SEC. 521. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN
CONNECTION WITH APPLICATIONS FOR CHANGE OF STATION OR
UNIT TRANSFER OF MEMBERS WHO ARE VICTIMS OF SEXUAL
ASSAULT OR RELATED OFFENSES.
(a) In General.--Section 673(b) of title 10, United States Code, is
amended by striking ``72 hours'' both places it appears and inserting
``five calendar days''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
to decisions on applications for permanent change of station or unit
transfer made under section 673 of title 10, United States Code, on or
after that date.
SEC. 522. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
Section 550B of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) in subsection (c)(1)(B), by inserting ``, including the
United States Coast Guard Academy,'' after ``academy'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Advisory Duties on Coast Guard Academy.--In providing advice
under subsection (c)(1)(B), the Advisory Committee shall also advise
the Secretary of the Department in which the Coast Guard is operating
in accordance with this section on policies, programs, and practices of
the United States Coast Guard Academy.''; and
(4) in subsection (e) and paragraph (2) of subsection (g),
as redesignated by paragraph (2) of this section, by striking
``the Committees on Armed Services of the Senate and the House
of Representatives'' each place it appears and inserting ``the
Committees on Armed Services and Commerce, Science, and
Transportation of the Senate and the Committees on Armed
Services and Transportation and Infrastructure of the House of
Representatives''.
SEC. 523. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS AND
SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM ADVOCATES
TO PERFORM DUTIES.
(a) Survey.--
(1) In general.--Not later than June 30, 2021, the
Secretary of Defense shall conduct a survey regarding the
ability of Sexual Assault Response Coordinators and Sexual
Assault Prevention and Response Victim Advocates to perform
their duties.
(2) Elements.--The survey required under paragraph (1)
shall assess--
(A) the current state of support provided to Sexual
Assault Response Coordinators and Sexual Assault
Prevention and Response Victim Advocates, including--
(i) perceived professional or other
reprisal or retaliation; and
(ii) access to sufficient physical and
mental health services as a result of the
nature of their work;
(B) the ability of Sexual Assault Response
Coordinators and Sexual Assault Prevention and Response
Victim Advocates to contact and access their
installation commander or unit commander;
(C) the ability of Sexual Assault Response
Coordinators and Sexual Assault Prevention and Response
Victim Advocates to contact and access the immediate
commander of victims and alleged offenders;
(D) the responsiveness and receptiveness of
commanders to the Sexual Assault Response Coordinators;
(E) the support and services provided to victims of
sexual assault;
(F) the understanding of others of the process and
their willingness to assist;
(G) the adequacy of the training received by Sexual
Assault Response Coordinators and Sexual Assault
Prevention and Response Victim Advocates to effectively
perform their duties; and
(H) any other factors affecting the ability of
Sexual Assault Response Coordinators and Sexual Assault
Prevention and Response Victim Advocates to perform
their duties.
(b) Report.--Upon completion of the survey required under
subsection (a), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the results of the survey and any actions to be taken as a
result of the survey.
SEC. 524. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Judge Advocates General of the Army, the
Navy, the Air Force, and the Coast Guard, and the Staff Judge Advocate
to the Commandant of the Marine Corps shall each provide to the
congressional defense committees a briefing on the status of the
Special Victims' Counsel program of the Armed Force concerned.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the Special Victims Counsel program of the Armed Force
concerned, the following:
(1) An assessment of whether the Armed Force is in
compliance with the provisions of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
relating to the Special Victims Counsel program and, if not,
what steps have been taken to achieve compliance with such
provisions.
(2) An estimate of the average caseload of each Special
Victims' Counsel.
(3) A description of any staffing shortfalls in the Special
Victims' Counsel program or other programs of the Armed Force
resulting from the additional responsibilities required of the
Special Victims' Counsel program under the National Defense
Authorization Act for Fiscal Year 2020.
(4) An explanation of the ability of Special Victims'
Counsel to adhere to requirement that a counsel respond to a
request for services within 72 hours of receiving such request.
(5) An assessment of the feasibility of providing cross-
service Special Victims' Counsel representation in instances
where a Special Victims' Counsel from a different Armed Force
is co-located with a victim at a remote base.
SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE FOR
DISCHARGING THE SEXUAL HARASSMENT POLICIES AND PROGRAMS
OF THE DEPARTMENT.
(a) Strategy on Holding Leadership Accountable Required.--The
Secretary of Defense shall develop and implement Department of Defense-
wide a strategy to hold individuals in positions of leadership in the
Department (including members of the Armed Forces and civilians)
accountable for the promotion, support, and enforcement of the policies
and programs of the Department on sexual harassment.
(b) Oversight Framework.--
(1) In general.--The strategy required by subsection (a)
shall provide for an oversight framework for the efforts of the
Department of Defense to promote, support, and enforce the
policies and programs of the Department on sexual harassment.
(2) Elements.--The oversight framework required by
paragraph (1) shall include the following:
(A) Long-term goals, objectives, and milestones in
connection with the policies and programs of the
Department on sexual harassment.
(B) Strategies to achieve the goals, objectives,
and milestones referred to in subparagraph (A).
(C) Criteria for assessing progress toward the
achievement of the goals, objectives, and milestones
referred to in subparagraph (A).
(D) Criteria for assessing the effectiveness of the
policies and programs of the Department on sexual
harassment.
(E) Mechanisms to ensure that adequate resources
are available to the Office to develop and discharge
the oversight framework.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the actions taken to carry out this
section, including the strategy developed and implemented pursuant to
subsection, and the oversight framework developed and implemented
pursuant to subsection (b).
SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments, prescribe in
regulations a safe-to-report policy described in subsection (b) that
applies with respect to all members of the Armed Forces (including
members of the reserve components of the Armed Forces) and cadets and
midshipmen at the military service academies.
(b) Safe-to-report Policy.--The safe-to-report policy described in
this subsection is a policy that prescribes the handling of minor
collateral misconduct involving a member of the Armed Forces who is the
alleged victim of sexual assault.
(c) Aggravating Circumstances.--The regulations under subsection
(a) shall specify aggravating circumstances that increase the gravity
of minor collateral misconduct or its impact on good order and
discipline for purposes of the safe-to-report policy.
(d) Tracking of Collateral Misconduct Incidents.--In conjunction
with the issuance of regulations under subsection (a), Secretary shall
develop and implement a process to track incidents of minor collateral
misconduct that are subject to the safe-to-report policy.
(e) Definitions.--In this section:
(1) The term ``Armed Forces'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code,
except such term does not include the Coast Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term ``minor collateral misconduct'' means any
minor misconduct that is potentially punishable under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), that--
(A) is committed close in time to or during the
sexual assault, and directly related to the incident
that formed the basis of the sexual assault allegation;
(B) is discovered as a direct result of the report
of sexual assault or the ensuing investigation into the
sexual assault; and
(C) does not involve aggravating circumstances (as
specified in the regulations prescribed under
subsection (c)) that increase the gravity of the minor
misconduct or its impact on good order and discipline.
SEC. 527. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
Section 550B(c)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) Efforts among private employers to prevent
sexual assault and sexual harassment among their
employees.
``(D) Evidence-based studies on the prevention of
sexual assault and sexual harassment in the Armed
Forces, institutions of higher education, and the
private sector.''.
SEC. 528. ADDITIONAL MATTERS FOR REPORTS OF THE DEFENSE ADVISORY
COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT.
Section 550B(d) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended by adding at the end
the following: ``The report shall include the following:
``(1) A description and assessment of the extent and
effectiveness of the inclusion by the Armed Forces of sexual
assault prevention and response training in leader professional
military education (PME), especially in such education for
personnel in junior noncommissioned officer grades.
``(2) An assessment of the feasibility of--
``(A) the screening of recruits before entry into
military service for prior incidents of sexual assault
and harassment, including through background checks;
and
``(B) the administration of screening tests to
recruits to assess recruit views and beliefs on equal
opportunity, and whether such views and beliefs are
compatible with military service.
``(3) An assessment of the feasibility of conducting exit
interviews of members of the Armed Forces upon their discharge
release from the Armed Forces in order to determine whether
they experienced or witnessed sexual assault or harassment
during military service and did not report it, and an
assessment of the feasibility of combining such exit interviews
with the Catch a Serial Offender (CATCH) Program of the
Department of Defense.
``(4) An assessment whether the sexual assault reporting
databases of the Department are sufficiently anonymized to
ensure privacy while still providing military leaders with the
information as follows:
``(A) The approximate length of time the victim and
the assailant had been at the duty station at which the
sexual assault occurred.
``(B) The percentage of sexual assaults occurring
while the victim or assailant were on temporary duty,
leave, or otherwise away from their permanent duty
station.
``(C) The number of sexual assaults that involve an
abuse of power by a commander or supervisor.''.
SEC. 529. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT MILITARY
SERVICE ACADEMIES AND DEGREE-GRANTING MILITARY
EDUCATIONAL INSTITUTIONS.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments, the Superintendent of
each military service academy, and the head of each degree-granting
military educational institution, prescribe in regulations a policy
under which association between a cadet or midshipman of a military
service academy, or a member of the Armed Forces enrolled in a degree-
granting military educational institution, who is the alleged victim of
a sexual assault and the accused is minimized while both parties
complete their course of study at the academy or institution concerned.
(b) Elements.--The Secretary of Defense shall ensure that the
policy developed under subsection (a)--
(1) is fair to the both the alleged victim and the accused;
(2) provides for the confidentiality of the parties
involved;
(3) provide that notice of the policy, including the
elements of the policy and the right to opt out of coverage by
the policy, is provided to the alleged victim upon the making
of an allegation of a sexual assault covered by the policy; and
(4) provide an alleged victim the right to opt out of
coverage by the policy in connection with such sexual assault.
(c) Military Service Academy Defined.--The term ``military service
academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
SEC. 530. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN
ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO
NON-RATED PERIODS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the feasibility and
advisability, and current practice (if any), of the Department of
Defense of granting requests by members of the Armed Forces who are in
academic status (whether at the military service academies or in
developmental education programs) and who are victims of sexual assault
to be placed on a Non-Rated Period for their performance report.
PART II--OTHER MILITARY JUSTICE MATTERS
SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL MOTIONS,
FILINGS, AND HEARINGS.
Section 806b(a)(2) of title 10, United States Code (article
6b(a)(2)) of the Uniform Code of Military Justice), is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) A post-trial motion, filing, or hearing that
may address the finding or sentence of a court-martial
with respect to the accused, unseal privileged or
private information of the victim, or result in the
release of the accused.''.
SEC. 532. CONSIDERATION OF THE EVIDENCE BY COURTS OF CRIMINAL APPEALS.
(a) In General.--Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended--
(1) by redesignating subsections (e) through (j) as
subsections (f) through (k), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Consideration of the Evidence.--
``(1) In general.--In an appeal of a finding of guilty
under subsection (b), the Court of Criminal Appeals, upon
request of the accused, may consider the weight of the evidence
upon a specific showing by the accused of deficiencies in
proof. The Court may set aside and dismiss a finding if clearly
convinced that the finding was against the weight of the
evidence. The Court may affirm a lesser finding. A rehearing
may not be ordered.
``(2) Deference in consideration.--When considering a case
under subsection (b), the Court may weigh the evidence and
determine controverted questions of fact, subject to--
``(A) appropriate deference to the fact that the
court-martial saw and heard the witnesses and other
evidence; and
``(B) appropriate deference to findings of fact
entered into the record by the military judge.''.
(b) Additional Qualifications of Appellate Military Judges.--
Subsection (a) of such section (article) is amended--
(1) by inserting ``(1)'' before ``Each judge''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to any other qualifications specified in
paragraph (1), any commissioned officer assigned as an appellate
military judge to a Court of Criminal Appeals shall have not fewer than
12 years of experience in military justice assignments before such
assignment, and any civilian so assigned shall have not fewer than 12
years as a judge or criminal trial attorney before such assignment.
``(B) A Judge Advocate General may waive the requirement in
subparagraph (A) in connection with the assignment of an officer or
civilian as an appellate military judge of a Court of Criminal Appeals
if the Judge Advocate General determines that compliance with the
requirement in the assignment of appellate military judges to a Court
of Criminal Appeals will impair the ability of the Court to hear and
decide appeals in a timely manner.
``(C) Not later than 120 days after waiving the requirement in
subparagraph (A) pursuant to subparagraph (B), the Judge Advocate
General shall notify the congressional defense committees of the
waiver, and include with the notice an explanation for the shortage of
appellate military judges and a plan for addressing such shortage.''.
(c) Review by Full Court of Finding of Conviction Against Weight of
Evidence.--Subsection (e) of such section (article), as amended by
subsection (a) of this section, is further is amended by adding at the
end the following new paragraph:
``(3) Review by full court of finding of conviction against
weight of evidence.--Any determination by the Court that a
finding was clearly against the weight of the evidence under
paragraph (1) shall be reviewed by the Court sitting as a
whole.''.
SEC. 533. PRESERVATION OF RECORDS OF THE MILITARY JUSTICE SYSTEM.
Section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(d) Preservation of Records Without Regard to Outcome.--The
standards and criteria prescribed established by the Secretary of
Defense under subsection (a) shall provide for the preservation of
records, without regard to the outcome of the proceeding concerned, for
not fewer than 15 years.''.
SEC. 534. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF RECENT GAO
RECOMMENDATIONS AND STATUTORY REQUIREMENTS ON ASSESSMENT
OF RACIAL, ETHNIC, AND GENDER DISPARITIES IN THE MILITARY
JUSTICE SYSTEM.
(a) Report Required.--The Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report, in writing, on a study, conducted by
the Comptroller General for purposes of the report, on the
implementation by the Armed Forces of the following:
(1) The recommendations in the May 2019 report of the
General Accountability Office entitled ``Military Justice: DOD
and the Coast Guard Need to Improve Their Capabilities to
Assess Racial and Gender Disparities'' (GAO-19-344).
(2) Requirements in section 540I(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
relating to assessments covered by such recommendations.
(b) Elements.--The report required by subsection (a) shall include,
for each recommendation and requirement specified in that subsection,
the following:
(1) A description of the actions taken or planned by the
Department of Defense, the military department concerned, or
the Armed Force concerned to implement such recommendation or
requirement.
(2) An assessment of the extent to which the actions taken
to implement such recommendation or requirement, as described
pursuant to paragraph (1), are effective or meet the intended
objective.
(3) Any other matters in connection with such
recommendation or requirement, and the implementation of such
recommendation or requirement by the Armed Forces, that the
Comptroller General considers appropriate.
(c) Briefings.--Not later than May 1, 2021, the Comptroller General
shall provide the committees referred to in subsection (a) one or more
briefings on the status of the study required by that subsection,
including any preliminary findings and recommendations of the
Comptroller General as a result of the study as of the date of such
briefing.
SEC. 535. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA FOR
CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Judge Advocates General of the Army, the
Navy, and the Air Force and the Staff Judge Advocate to the Commandant
of the Marine Corps shall jointly brief the Committees on Armed
Services of the Senate and the House of Representatives on the mental
health support for vicarious trauma provided to personnel in the
military justice system specified in subsection (b).
(b) Personnel.--The personnel specified in this subsection are the
following:
(1) Trial counsel.
(2) Defense counsel.
(3) Special Victims' Counsel.
(4) Military investigative personnel.
(c) Elements.--The briefing required by subsection (a) shall
include the following:
(1) A description and assessment of the mental health
support for vicarious trauma provided to personnel in the
military justice system specified in subsection (b), including
a description of the support services available and the support
services being used.
(2) A description and assessment of mechanisms to eliminate
or reduce stigma in the pursuit by such personnel of such
mental health support.
(3) An assessment of the feasibility and advisability of
providing such personnel with breaks between assignments or
cases as part of such mental health support in order to reduce
the effects of vicarious trauma.
(4) A description and assessment of the extent, if any, to
which duty of such personnel on particular types of cases, or
in particular caseloads, contributes to vicarious trauma, and
of the extent, if any, to which duty on such cases or caseloads
has an effect on retention of such personnel in the Armed
Forces.
(5) A description of the extent, if any, to which such
personnel are screened or otherwise assessed for vicarious
trauma before discharge or release from the Armed Forces.
(6) Such other matters in connection with the provision of
mental health support for vicarious trauma to such personnel as
the Judge Advocates General and the Staff Judge Advocate
jointly consider appropriate.
SEC. 536. GUARDIAN AD LITEM PROGRAM FOR MINOR DEPENDENTS OF MEMBERS OF
THE ARMED FORCES.
Section 540L(b)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1373) is amended by
adding before the period at the end the following: ``, including an
assessment of the feasibility and advisability of establishing a
guardian ad litem program for military dependents living outside the
United States''.
Subtitle E--Member Education, Training, Transition, and Resilience
SEC. 541. TRAINING ON RELIGIOUS ACCOMMODATION FOR MEMBERS OF THE ARMED
FORCES.
(a) In General.--As recommended on page 149 of the Report of the
Committee on Armed Services of the Senate to Accompany S. 1519 (115th
Congress) (Senate Report 115-125), the Secretary of Defense shall
develop and implement training on Federal statutes, Department of
Defense instructions, and the regulations of each Armed Force regarding
religious liberty and accommodation for members of the Armed Forces,
including the responsibility of commanders to maintain good order and
discipline.
(b) Consultation.--The Secretary develop and implement the training
required by subsection (a) in consultation with the following:
(1) The General Counsel of the Department of Defense.
(2) The Judge Advocate General of the Army, the Judge
Advocate General of the Navy, and the Judge Advocate General of
the Air Force.
(3) The Chief of Chaplains of the Army, the Chief of
Chaplains of the Navy, and the Chief of Chaplains of the Air
Force.
(c) Contents.--The content of the training shall be consistent with
and include coverage of each of the following:
(1) The Religious Freedom Restoration Act of 1993 (42
U.S.C. 2000bb et seq.).
(2) Section 533 of the National Defense Authorization Act
for Fiscal Year 2013 (10 U.S.C. prec. 1030 note).
(3) Section 528 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 814).
(d) Implementation.--
(1) Recipients.--The recipients of training developed under
subsection (a) shall include the following at all levels of
command:
(A) Commanders
(B) Chaplains.
(C) Judge advocates.
(D) Such other members of the Armed Forces as the
Secretary considers appropriate.
(2) Commencement.--The provision of training developed
under subsection (a) shall commence not later than one year
after the date of the enactment of this Act.
SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CERTIFICATIONS ON THE READY,
RELEVANT LEARNING INITIATIVE OF THE NAVY.
(a) Additional Elements.--In submitting to Congress in 2021 the
certifications required by section 545 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1396; 10 U.S.C. 8431 note prec.), relating to the Ready, Relevant
Learning initiative of the Navy, the Secretary of the Navy shall also
submit each of the following:
(1) A life cycle sustainment plan for the Ready, Relevant
Learning initiative meeting the requirements in subsection (b).
(2) A report on the use of readiness assessment teams in
training addressing the elements specified in subsection (c).
(b) Life Cycle Sustainment Plan.--The life cycle sustainment plan
required by subsection (a)(1) shall include a description of the
approved life cycle sustainment plan for the Ready, Relevant Learning
initiative, including with respect to each of the following:
(1) Product support management.
(2) Supply support.
(3) Packaging, handling, storage, and transportation.
(4) Maintenance planning and management.
(5) Design interface.
(6) Sustainment engineering.
(7) Technical data.
(8) Computer resources.
(9) Facilities and infrastructure.
(10) Manpower and personnel.
(11) Support equipment.
(12) Training and training support.
(13) Governance, including the acquisition and program
management structure.
(14) Such other elements in the life cycle sustainment of
the Ready, Relevant Learning initiative as the Secretary
considers appropriate.
(c) Report on Use of Readiness Assessment Teams.--The report
required by subsection (a)(2) shall set forth the following:
(1) A description and assessment of the extent to which the
Navy is currently using Engineering Readiness Assessment Teams
(ERAT) and Combat Systems Readiness Assessment Teams (CSRAT) to
conduct unit-level training and assistance in each capacity as
follows:
(A) To augment non-Ready, Relevant Learning
initiative training.
(B) As part of Ready, Relevant Learning initiative
training.
(C) To train students on legacy, obsolete, one of a
kind, or unique systems that are still widely used by
the Navy.
(D) To train students on military-specific systems
that are not found in the commercial maritime world.
(2) A description and assessment of potential benefits, and
anticipated timelines and costs, in expanding Engineering
Readiness Assessment Team and Combat Systems Readiness
Assessment Team training in the capacities specified in
paragraph (1).
(3) Such other matters in connection with the use of
readiness assessment teams in connection with the Ready,
Relevant Learning initiative as the Secretary considers
appropriate.
SEC. 543. REPORT ON STANDARDIZATION AND POTENTIAL MERGER OF LAW
ENFORCEMENT TRAINING FOR MILITARY AND CIVILIAN PERSONNEL
ACROSS THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than June 8, 2021, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the standardization and
potential merger of law enforcement training for military and civilian
personnel across the Department of Defense, including training of
military or civilian personnel of the Department designated in
accordance with section 2762 of title 10, United States Code, to
protect buildings, grounds, and property under the jurisdiction,
custody, or control of the Department and the persons on such property.
(b) Elements.--In developing the report required by subsection (a),
the Secretary shall do, and include in the report the results of, the
following:
(1) Identify and assess current law enforcement training
courses, schools, and programs of the Armed Forces that have
the flexibility and capacity to support the training referred
to in subsection (a) through common training standards.
(2) Identify and assess current Department law enforcement
training courses, schools, and programs that are affiliated
with or accredited by third parties (including both
governmental and private entities), including an assessment of
the value derived from such affiliation or accreditation to the
training referred to in subsection (a).
(3) Identify emerging law enforcement training requirements
that are common among the Armed Forces and other Department law
enforcement components and are currently unmet by the Armed
Forces or such components.
(4) Assess the feasibility, advisability, and suitability
of incorporating standardized and merged field and operational
training in military law enforcement mission areas, including
area security operations, law and order operations, internment
and resettlement operations, and police intelligence
operations, in the training provided to all Armed Forces and
other Department law enforcement components.
(5) Identify and assess Department courses, programs, or
institutions with the capability to support law enforcement
training or information sharing between Department military and
civilian law enforcement components and State, county, and
local law enforcement agencies, with the capability to support
law enforcement components of the National Guard and other
reserve components of the Armed Forces, or with both such
capabilities.
(6) Assess the feasibility, advisability, and suitability
of standardizing and merging the training referred to in
subsection (a) across the Department, including an assessment
of the costs of such standardization and merger.
(7) Any other matters the Secretary considers appropriate.
SEC. 544. QUARTERLY REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS OF THE
COMPREHENSIVE REVIEW OF SPECIAL OPERATIONS FORCES CULTURE
AND ETHICS.
(a) Quarterly Reports Required.--Not later than March 1, 2021, and
every 90 days thereafter through March 1, 2024, the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict shall, in
coordination with the Commander of the United States Special Operations
Command, submit to the congressional defense committees a report on the
current status of the implementation of the actions recommended as a
result of the Comprehensive Review of Special Operations Forces Culture
and Ethics.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) A list of the actions required as of the date of such
report to complete full implementation of each of the 16
actions recommended by the Comprehensive Review referred to in
subsection (a).
(2) An identification of the office responsible for
completing each action listed pursuant to paragraph (1), and an
estimated timeline for completion of such action.
(3) If completion of any action listed pursuant to
paragraph (1) requires resources or actions for which
authorization by statute is required, a recommendation for
legislative action for such authorization.
(4) Any other matters the Assistant Secretary or the
Commander considers appropriate.
SEC. 545. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY
SERVICE ACADEMIES.
(a) Report on Congressional Nominations Portal.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Superintendents of the military service
academies, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth
an assessment of the feasibility and advisability of a uniform
online portal for all military service academies that enables
Members of Congress to nominate individuals for appointment to
each academy through a secure website.
(2) Information collection and reporting.--For purposes of
preparing the report required by paragraph (1), the Secretary
shall treat the online portal described in that paragraph as
permitting the collection, from each Member of Congress, of the
demographic information described in subsection (b) for each
individual nominated by the Member.
(3) Availability of information.--For purposes of preparing
the report, the Secretary shall treat the online portal as
permitting Members of Congress and their designees to view past
nomination records for all application cycles.
(4) Matters in connection with establishment of portal.--If
the Secretary determines that the online portal is feasible and
advisable, the report shall include--
(A) a comprehensive description of the online
portal; and
(B) such recommendations for legislative and
administrative action as the Secretary considers
appropriate to establish and maintain the online
portal.
(b) Standard Classifications for Collection of Demographic Data.--
(1) Standards required.--The Secretary of Defense shall, in
consultation with the Superintendents of the military service
academies, establish standard classifications that cadets,
midshipmen, and applicants to the academies may use to self-
identify gender, race, and ethnicity and to provide other
demographic information in connection with admission to or
enrollment in an academy.
(2) Consistency with omb guidance.--The standard
classifications established under paragraph (1) shall be
consistent with the standard classifications specified in
Office of Management and Budget Directive No. 15 (pertaining to
race and ethnic standards for Federal statistics and
administrative reporting) or any successor directive.
(3) Incorporation into applications and records.--Not later
than one year after the date of the enactment of this Act, the
Secretary shall incorporate the standard classifications
established under paragraph (1) into--
(A) applications for admission to the military
service academies; and
(B) the military personnel records of cadets and
midshipmen enrolled in such academies.
(c) Military Service Academy Defined.--In this section, the term
``military service academy'' means--
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
SEC. 546. PILOT PROGRAMS IN CONNECTION WITH SENIOR RESERVE OFFICERS'
TRAINING CORPS UNITS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY INSTITUTIONS.
(a) Pilot Programs Authorized.--The Secretary of Defense may carry
out either or both of the pilot programs as follows:
(1) A pilot program, with elements as provided for in
subsection (c), at covered institutions in order to assess the
feasibility and advisability of mechanisms to reduce barriers
to participation in the Senior Reserve Officers' Training Corps
at such institutions by creating partnerships between satellite
or extension Senior Reserve Officers' Training Corps units at
such institutions and military installations.
(2) A pilot program, with elements as provided for in
subsection (d), in order to assess the feasibility and
advisability of the provision of financial assistance to
members of the Senior Reserve Officers' Training Corps at
covered institutions for participation in flight training.
(b) Duration.--The duration of each pilot program under subsection
(a) may not exceed five years.
(c) Pilot Program on Partnerships Between Satellite or Extension
SROTC Units and Military Installations.--
(1) Participating institutions.--The Secretary of Defense
shall carry out the pilot program authorized by subsection
(a)(1) at not fewer than five covered institutions selected by
the Secretary for purposes of the pilot program.
(2) Requirements for selection.--Each covered institution
selected by the Secretary for purposes of the pilot program
authorized by subsection (a)(1) shall--
(A) currently maintain a satellite or extension
Senior Reserve Officers' Training Corps unit under
chapter 103 of title 10, United States Code, that is
located more than 20 miles from the host unit of such
unit; or
(B) establish and maintain a satellite or extension
Senior Reserve Officers' Training Corps unit that meets
the requirements in subparagraph (A).
(3) Preference in selection of institutions.--In selecting
covered institutions under this subsection for participation in
the pilot program authorized by subsection (a)(1), the
Secretary shall give preference to covered institutions that
are located within 20 miles of a military installation of the
same Armed Force as the host unit of the Senior Reserve
Officers' Training Corp of the covered institution concerned.
(4) Partnership activities.--The activities conducted under
the pilot program authorized by subsection (a)(1) between a
satellite or extension Senior Reserve Officers' Training Corps
unit and the military installation concerned shall include such
activities designed to reduce barriers to participation in the
Senior Reserve Officers' Training Corps at the covered
institution concerned as the Secretary considers appropriate,
including measures to mitigate travel time and expenses in
connection with receipt of Senior Reserve Officers' Training
Corps instruction.
(d) Pilot Program on Financial Assistance for SROTC Members for
Flight Training.--
(1) Eligibility for participation by srotc members.--A
member of a Senior Reserve Officers' Training Corps unit at a
covered institution may participate in the pilot program
authorized by subsection (a)(2) if the member meets such
academic requirements at the covered institution, and such
other requirements, as the Secretary shall establish for
purposes of the pilot program.
(2) Preference in selection of participants.--In selecting
members under this subsection for participation in the pilot
program authorized by subsection (a)(2), the Secretary shall
give a preference to members who will pursue flight training
under the pilot program at a covered institution.
(3) Financial assistance for flight training.--
(A) In general.--The Secretary may provide any
member of a Senior Reserve Officers' Training Corps who
participates in the pilot program authorized by
subsection (a)(2) financial assistance to defray,
whether in whole or in part, the charges and fees
imposed on the member for flight training.
(B) Flight training.--Financial assistance may be
used under subparagraph (A) for a course of flight
training only if the course meets Federal Aviation
Administration standards and is approved by the Federal
Aviation Administration and the applicable State
approving agency.
(C) Use.--Financial assistance received by a member
under subparagraph (A) may be used only to defray the
charges and fees imposed on the member as described in
that subparagraph.
(D) Cessation of eligibility.--Financial assistance
may not be provided to a member under subparagraph (A)
as follows:
(i) If the member ceases to meet the
academic and other requirements established
pursuant to paragraph (1).
(ii) If the member ceases to be a member of
the Senior Reserve Officers' Training Corps.
(e) Evaluation Metrics.--The Secretary of Defense shall establish
metrics to evaluate the effectiveness of the pilot programs under
subsection (a).
(f) Reports.--
(1) Initial report.--Not later than 180 days after the
commencement of the pilot programs under subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot programs. The report shall include the
following:
(A) A description of each pilot program, including
in the case of the pilot program under subsection
(a)(2) the requirements established pursuant to
subsection (d)(1).
(B) The evaluation metrics established under
subsection (e).
(C) Such other matters relating to the pilot
programs as the Secretary considers appropriate.
(2) Annual report.--Not later than 90 days after the end of
each fiscal year in which the Secretary carries out the pilot
programs, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot programs during such fiscal year. Each
report shall include, for the fiscal year covered by such
report, the following:
(A) In the case of the pilot program under
subsection (a)(1), a description of the partnerships
between satellite or extension Senior Reserve Officers'
Training Corps units and military installations under
the pilot program.
(B) In the case of the pilot program under
subsection (a)(2), the following:
(i) The number of members of Senior Reserve
Officers' Training Corps units at covered
institutions selected for purposes of the pilot
program, including the number of such members
participating in the pilot program.
(ii) The number of recipients of financial
assistance provided under the pilot program,
including the number who--
(I) completed a ground school
course of instruction in connection
with obtaining a private pilot's
certificate;
(II) completed flight training, and
the type of training, certificate, or
both received;
(III) were selected for a pilot
training slot in the Armed Forces;
(IV) initiated pilot training in
the Armed Forces; or
(V) successfully completed pilot
training in the Armed Forces.
(iii) The amount of financial assistance
provided under the pilot program, broken out by
covered institution, course of study, and such
other measures as the Secretary considers
appropriate.
(C) Data collected in accordance with the
evaluation metrics established under subsection (e).
(3) Final report.--Not later than 180 days prior to the
completion of the pilot programs, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot programs. The report
shall include the following:
(A) A description of the pilot programs.
(B) An assessment of the effectiveness of each
pilot program.
(C) A description of the cost of each pilot
program, and an estimate of the cost of making each
pilot program permanent.
(D) An estimate of the cost of expanding each pilot
program throughout all eligible Senior Reserve
Officers' Training Corps units.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot programs, including
recommendations for extending or making permanent the
authority for each pilot program.
(g) Definitions.--In this section:
(1) The term ``covered institution'' has the meaning given
that term in section 262(g)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(2) The term ``flight training'' means a course of
instruction toward obtaining any of the following:
(A) A private pilot's certificate.
(B) A commercial pilot certificate.
(C) A certified flight instructor certificate.
(D) A multi-crew pilot's license.
(E) A flight instrument rating.
(F) Any other certificate, rating, or pilot
privilege the Secretary considers appropriate for
purposes of this section.
(3) The term ``military installation'' means an
installation of the Department of Defense for the regular
components of the Armed Forces.
SEC. 547. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
(a) Expansion of JROTC Curriculum.--Section 2031(a)(2) of title 10,
United States Code, is amended by inserting after ``service to the
United States'' the following: ``(including an introduction to service
opportunities in military, national, and public service)''.
(b) Plan to Increase Number of JROTC Units.--The Secretary of
Defense shall, in consultation with the Secretaries of the military
departments, develop and implement a plan to establish and support not
fewer than 6,000 units of the Junior Reserve Officers' Training Corps
by September 30, 2031.
SEC. 548. DEPARTMENT OF DEFENSE STARBASE PROGRAM.
Section 2193b(h) of title 10, United States Code, is amended by
inserting ``the Commonwealth of the Northern Mariana Islands, American
Samoa,'' before ``and Guam''.
Subtitle F--Decorations and Awards
SEC. 551. AWARD OR PRESENTATION OF DECORATIONS FAVORABLY RECOMMENDED
FOLLOWING DETERMINATION ON MERITS OF PROPOSALS FOR
DECORATIONS NOT PREVIOUSLY SUBMITTED IN A TIMELY FASHION.
(a) Award or Presentation Authorized.--Section 1130 of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) A decoration may be awarded or presented following the
submission of a favorable recommendation for the award or presentation
of the decoration under subsection (b).
``(2) An award or presentation of a decoration under paragraph (1)
may not occur before the end of the 60-day period beginning on the date
of the submission under subsection (b) of the favorable recommendation
regarding the award or presentation of the decoration.
``(3) The authority to make an award or presentation of a
decoration under this subsection shall apply notwithstanding any
limitation described in subsection (a).''.
(b) Conforming and Clerical Amendments.--
(1) Section heading.--The heading of section 1130 of such
title is amended to read as follows:
``Sec. 1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
award or presentation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 57 of such title is amended by striking
the item relating to section 1130 and inserting the following
new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for
review and award or presentation.''.
SEC. 552. HONORARY PROMOTION MATTERS.
(a) Honorary Promotions on Initiative of DoD.--Chapter 80 of title
10, United States Code, is amended by inserting after section 1563 the
following new section:
``Sec. 1563a. Honorary promotions on the initiative of the Department
of Defense
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary may make an honorary promotion
(whether or not posthumous) of a former member or retired member of the
armed forces to any grade not exceeding the grade of major general,
rear admiral (upper half), or an equivalent grade in the Space Force if
the Secretary determines that the promotion is merited.
``(2) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(b) Notice to Congress.--The Secretary may not make an honorary
promotion pursuant to subsection (a) until 60 days after the date on
which the Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a notice of the determination
to make the promotion, including a detailed discussion of the rationale
supporting the determination.
``(c) Notice of Promotion.--Upon making an honorary promotion
pursuant to subsection (a), the Secretary shall expeditiously notify
the former member or retired member concerned, or the next of kin of
such former member or retired member if such former member or retired
member is deceased, of the promotion.
``(d) Nature of Promotion.--Any promotion pursuant to this section
is honorary, and shall not affect the pay, retired pay, or other
benefits from the United States to which the former member or retired
member concerned is entitled or would have been entitled based on the
military service of such former member or retired member, nor affect
any benefits to which any other person is or may become entitled based
on the military service of such former member or retired member.''.
(b) Modification of Authorities on Review of Proposals From
Congress.--
(1) Standardization of authorities with authorities on dod
initiative.--Section 1563 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) in the first sentence, by striking
``the posthumous or honorary promotion or
appointment of a member or former member of the
armed forces, or any other person considered
qualified,'' and inserting ``the honorary
promotion (whether or not posthumous) of a
former member or retired member of the armed
forces''; and
(ii) in the second sentence, by striking
``the posthumous or honorary promotion or
appointment'' and inserting ``the promotion'';
and
(B) in subsection (b), by striking ``the posthumous
or honorary promotion or appointment'' and inserting
``the honorary promotion''.
(2) Authority to make honorary promotions following review
of proposals.--Such section is further amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) Authority To Make.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary of Defense may make an honorary
promotion (whether or not posthumous) of a former member or retired
member of the armed forces to any grade not exceeding the grade of
major general, rear admiral (upper half), or an equivalent grade in the
Space Force following the submittal of the determination of the
Secretary concerned under subsection (b) in connection with the
proposal for the promotion if the determination is to approve the
making of the promotion.
``(2) The Secretary of Defense may not make an honorary promotion
under this subsection until 60 days after the date on which the
Secretary concerned submits the determination in connection with the
proposal for the promotion under subsection (b), and the detailed
rationale supporting the determination as described in that subsection,
to the Committees on Armed Services of the Senate and the House of
Representatives and the requesting Member in accordance with that
subsection.
``(3) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(4) Any promotion pursuant to this subsection is honorary, and
shall not affect the pay, retired pay, or other benefits from the
United States to which the former member or retired member concerned is
or would have been entitled based upon the military service of such
former member or retired member, nor affect any benefits to which any
other person may become entitled based on the military service of such
former member or retired member.''.
(3) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1563. Consideration of proposals from Members of Congress for
honorary promotions: procedures for review and
promotion''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of such title is amended by striking the item relating to
section 1563 and inserting the following new items:
``1563. Consideration of proposals from Members of Congress for
honorary promotions: procedures for review
and promotion.
``1563a. Honorary promotions on the initiative of the Department of
Defense.''.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2021 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
(a) In General.--Of the amount authorized to be appropriated for
fiscal year 2021 pursuant to section 301 and available for operation
and maintenance for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(b) Additional Amount.--Of the amount authorized to be appropriated
for fiscal year 2021 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified in
the funding table in section 4301, $10,000,000 shall be available for
use by the Secretary of Defense to make payments to local educational
agencies determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(c) Report.--Not later than March 1, 2021, the Secretary shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on the Department's evaluation of each local
educational agency with higher concentrations of military children with
severe disabilities and subsequent determination of the amounts of
impact aid each such agency shall receive.
SEC. 563. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY SCHOOLS
TO MAINTAIN MAXIMUM STUDENT-TO-TEACHER RATIOS.
(a) In General.--The Department of Defense Education Activity
(DoDEA) shall staff elementary and secondary schools operated by the
Activity so as to maintain, to the extent practicable, student-to-
teacher ratios that do not exceed the maximum student-to-teacher ratios
specified in subsection (b).
(b) Maximum Student-to-teacher Ratios.--The maximum student-to-
teacher ratios specified in this subsection are the following:
(1) For each of grades kindergarten through 3, a ratio of
18 students to 1 teacher (18:1).
(2) For each of grades 4 through 12, a ratio equal to the
average student-to-teacher ratio for such grade among all
Department of Defense Education Activity schools during the
2019-2020 academic year.
(c) Sunset.--The requirement to staff schools in accordance with
subsection (a) shall expire at the end of the 2023-2024 academic year
of the Department of Defense Education Activity.
SEC. 564. MATTERS IN CONNECTION WITH FREE APPROPRIATE PUBLIC EDUCATION
FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH
SPECIAL NEEDS.
(a) Information on Disputes Regarding Receipt of Free Appropriate
Public Education by Special Needs Dependents.--
(1) In general.--Each Secretary of a military department
shall collect and maintain information on special education
disputes filed by members of the Armed Forces under the
jurisdiction of such Secretary.
(2) Information.--The information collected and maintained
pursuant to this subsection shall include the following:
(A) The number of special education disputes filed.
(B) The outcome or disposition of the disputes.
(3) Source of information.--The information collected and
maintained pursuant to this subsection shall be derived from
the following:
(A) Records and reports of case managers and
navigators under the Exceptional Family Member Program
(EFMP) of the Department of Defense.
(B) Reports of members of the Armed Forces
concerned to installation or other military leadership.
(C) Such other sources as the Secretary of the
military department concerned considers appropriate.
(4) Annual reports.-- Each Secretary of a military
department shall submit each year to the Office of Special
Needs of the Department of Defense a report on the information
collected by such Secretary pursuant to this subsection during
the preceding year.
(b) Comptroller General of the United States Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the following:
(A) The consequences for a State or local
educational agency of a finding of failure to provide a
free appropriate public education to a military
dependent.
(B) The manner in which local educational agencies
with military families use the following:
(i) Funds received under section 7003(d) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(d)).
(ii) Funds authorized to be appropriated by
annual national defense authorization Acts and
made available for impact aid for child with
severe disabilities under section 363 of the
Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (20 U.S.C. 7703a).
(iii) Funds authorized to be appropriated
by annual national defense authorization Acts
and made available for assistance to schools
with significant number of military dependent
students under subsection (a) of section 572 of
the National Defense Authorization Act for
Fiscal Year 2006 (20 U.S.C. 7703b).
(C) The efficacy of attorney and other legal
support for military families in special education
disputes.
(D) The standardization of policies and guidance
for School Liaison Officers between the Office of
Special Needs of the Department of Defense and the
military departments, and the efficacy of such policies
and guidance.
(E) The improvements of family support programs of
the Office of Special Needs, and of each military
department, in light of the recommendations of the
Comptroller General in the report entitled ``DOD Should
Improve Its Oversight of the Exceptional Family Member
Program'', GAO-18-348.
(2) Recommendations.--In conducting the study, the
Comptroller General shall develop recommendations on the
following:
(A) Improvements and enhancements to oversight and
enforcement of compliance by local educational agencies
with requirements for the provision of a free
appropriate public education to military dependents
with special needs.
(B) Improvements to the policies of the Office of
Special Needs, and of each military department, with
respect to the standardization and efficacy of policies
and programs for military dependents with special
needs.
(3) Deadline for completion.--The Comptroller General shall
complete the study by not later than March 31, 2021.
(4) Briefing and report.--Upon completion of the study, the
Comptroller General shall brief the Committees on Armed
Services of the Senate and the House of Representatives on the
results of the study, and shall submit to such committees a
report on such results.
(c) Definitions.--In this section:
(1) The term ``free appropriate public education'' includes
appropriate special education and related services required
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.)
(2) The term ``local educational agency'' has the meaning
given that term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``special education dispute'' means a
complaint filed regarding the education provided a child with a
disability (as defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401), including a
complaint filed in accordance with section 615 or 639 of such
Act (20 U.S.C. 1415, 1439).
SEC. 565. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL PROGRAM.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall carry out a
pilot program on permitting dependents of members of the Armed
Forces on active duty to enroll in the Department of Defense
Education Activity Virtual High School program (in this section
referred to as the ``DVHS program'').
(2) Purposes.--The purposes of the pilot program shall be
as follows:
(A) To evaluate the feasibility and scalability of
the DVHS program.
(B) To assess the impact of expanded enrollment in
the DVHS program under the pilot program on military
and family readiness.
(3) Duration.--The duration of the pilot program shall be
four academic years.
(b) Participants.--
(1) In general.--Participants in the pilot program shall be
selected by the Secretary from among dependents of members of
the Armed Forces on active duty who--
(A) are in a grade 9 through 12;
(B) are currently ineligible to enroll in the DVHS
program; and
(C) either--
(i) require supplementary courses to meet
graduation requirements in the current State of
residence; or
(ii) otherwise demonstrate to the Secretary
a clear need to participate in the DVHS
program.
(2) Preference in selection.--In selecting participants in
the pilot program, the Secretary shall afford a preference to
the following:
(A) Dependents who reside in a rural area.
(B) Dependents who are home-schooled students.
(3) Limitations.--The total number of course enrollments
per academic year authorized under the pilot program may not
exceed 400 course enrollments. No single dependent
participating in the pilot program may take more than two
courses per academic year under the pilot program.
(c) Reports.--
(1) Interim report.--Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives an interim report on the pilot program.
(2) Final report.--Not later than 180 days after the
completion of the pilot program, the Secretary shall submit to
the committees of Congress referred to in paragraph (1) a final
report on the pilot programs.
(3) Elements.--Each report under this subsection shall
include the following:
(A) A description of the demographics of the
dependents participating in the pilot program through
the date of such report.
(B) Data on, and an assessment of, student
performance in virtual coursework by dependents
participating in the pilot program over the duration of
the pilot program.
(C) Such recommendation as the Secretary considers
appropriate on whether to make the pilot program
permanent.
(d) Definitions.--In this section:
(1) The term ``rural area'' has the meaning given the term
in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
(2) The term ``home-schooled student'' means a student in a
grade equivalent to grade 9 through 12 who receives educational
instruction at home or by other non-traditional means outside
of a public or private school system, either all or most of the
time.
SEC. 566. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
(a) Pilot Program Required.--Beginning not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program under which a dependent of a full-time,
active-duty member of the Armed Forces may enroll in a covered DODEA
school at the military installation to which the member is assigned, on
a space-available basis as described in subsection (c), without regard
to whether the member resides on the installation as described in
2164(a)(1) of title 10, United States Code.
(b) Purposes.--The purposes of the pilot program under this section
are--
(1) to evaluate the feasibility and advisability of
expanding enrollment in covered DODEA schools; and
(2) to determine how increased access to such schools will
affect military and family readiness.
(c) Enrollment on Space-available Basis.--A student participating
in the pilot program under this section may be enrolled in a covered
DODEA school only if the school has the capacity to accept the student,
as determined by the Director of the Department of Defense Education
Activity.
(d) Locations.--The Secretary of Defense shall carry out the pilot
program under this section at not more than four military installations
at which covered DODEA schools are located. The Secretary shall select
military installations for participation in the pilot program based
on--
(1) the readiness needs of the Secretary of a the military
department concerned; and
(2) the capacity of the DODEA schools located at the
installation to accept additional students, as determined by
the Director of the Department of Defense Education Activity.
(e) Termination.--The authority to carry out the pilot program
under this section shall terminate four years after the date of the
enactment of this Act.
(f) Covered DODEA School Defined.--In this section, the term
``covered DODEA school'' means a domestic dependent elementary or
secondary school operated by the Department of Defense Education
Activity that--
(1) has been established on or before the date of the
enactment of this Act; and
(2) is located in the continental United States.
SEC. 567. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE
STRUCTURAL CONDITION OF DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY SCHOOLS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment by the Comptroller General of the structural
condition of schools of the Department of Defense Education Activity,
both within the continental United States (CONUS) and outside the
continental United States (OCONUS).
(b) Virtual Schools.--The report shall include an assessment of the
virtual infrastructure or other means by which students attend
Department of Defense Education Activity schools that have no physical
structure, including the satisfaction of the military families
concerned with such infrastructure or other means.
PART II--MILITARY FAMILY READINESS MATTERS
SEC. 571. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR MILITARY
CHILD DEVELOPMENT PROGRAMS.
Section 1791 of title 10, United States Code, is amended--
(1) by inserting ``(a) Policy.--'' before ``It is the
policy''; and
(2) by adding at the end the following new subsection:
``(b) Responsibility for Allocations of Certain Funds.--The
Secretary of Defense shall be responsible for the allocation of Office
of the Secretary of Defense level funds for military child development
programs for children from birth through 12 years of age, and may not
delegate such responsibility to the military departments.''.
SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.
Section 1781c of title 10, United States Code is amended--
(1) in subsection (b), by striking ``enhance'' and
inserting ``standardize, enhance,'';
(2) in subsection (c)(1), by inserting ``and standard''
after ``comprehensive'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``update from
time to time'' and inserting ``regularly update'';
(B) in paragraph (3), by adding at the end the
following new subparagraphs:
``(C) Ability to request a second review of the
approved assignment within or outside the continental
United States if the member believes the location is
inappropriate for the member's family and would cause
undue hardship.
``(D) Protection from having a medical
recommendation for an approved assignment overriden by
the commanding officer.
``(E) Ability to request continuation of location
when there is a documented substantial risk of
transferring medical care or educational services to a
new provider or school at the specific time of
permanent change of station.
``(F) If an order for assignment is declined for a
military family with special needs, the member will
receive a reason for the decline of that order.''; and
(C) in paragraph (4), by adding at the end the
following new subparagraphs:
``(H) Procedures to right-size the Department's
Exceptional Family Member Program to ensure efficient
and effective enrollment, for sufficient staffing
dedicated to providing family support services, to
include comprehensive training, education and outreach
services, and sufficient oversight and administrative
support for effective program operation.
``(I) Requirements to prohibit disenrollment from
the Exceptional Family Member Program unless there is
new supporting medical or educational information that
indicates the original condition is no longer present,
and to track disenrollment data per military
service.'';
(4) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(5) by inserting after subsection (e) the following new
subsection:
``(f) Metrics.--The Secretary of Defense shall implement
performance metrics for measuring, across the Department and with
respect to each military department, the following:
``(1) Assignment coordination and support for military
families with special needs, including a systematic process for
evaluating each military department's program for the support
of military families with special needs.
``(2) The reassignment of military families with special
needs, including how often members request reassignments, for
what reasons, and from what military installations.
``(3) The level of satisfaction of military families with
special needs with the family and medical support they are
provided.''.
SEC. 573. PROCEDURES OF THE OFFICE OF SPECIAL NEEDS FOR THE DEVELOPMENT
OF INDIVIDUALIZED SERVICES PLANS FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
Section 1781c(d)(4) of title 10, United States Code, as amended by
section 572(3)(C) of this Act, is further amended--
(1) in subparagraph (F), by striking ``of an individualized
services plan (medical and educational)'' and inserting ``by an
appropriate office of an individualized services plan (whether
medical, educational, or both)'';
(2) by redesignating subparagraphs (G), (H), and (I) as
subparagraph (H), (I), and (J), respectively; and
(3) by inserting after subparagraph (F) the following new
paragraph (G):
``(G) Procedures for the development of an individualized
services plan for military family members with special needs
who have requested family support services and have a completed
family needs assessment.''.
SEC. 574. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE
MEMBERS FOR SPOUSE RELICENSING COSTS PURSUANT TO A
PERMANENT CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(g) Reimbursement of Qualifying Spouse Relicensing Costs Incident
to a Member's Permanent Change of Station or Assignment.--(1) From
amounts otherwise made available for a fiscal year to provide travel
and transportation allowances under this chapter, the Secretary
concerned may reimburse a member of the armed forces for qualified
relicensing costs of the spouse of the member when--
``(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, between
duty stations located in separate jurisdictions with unique
licensing or certification requirements and authorities; and
``(B) the movement of the member's dependents is authorized
at the expense of the United States under this section as part
of the reassignment.
``(2) Reimbursement provided to a member under this subsection may
not exceed $1000 in connection with each reassignment described in
paragraph (1).
``(3) No reimbursement may be provided under this subsection for
qualified relicensing costs paid or incurred after December 31, 2024.
``(4) In this subsection, the term `qualified relicensing costs'
means costs, including exam, continuing education courses, and
registration fees, incurred by the spouse of a member if--
``(A) the spouse was licensed or certified in a profession
during the member's previous duty assignment and requires a new
license or certification to engage in that profession in a new
jurisdiction because of movement described in paragraph (1)(B)
in connection with the member's change in duty location
pursuant to reassignment described in paragraph (1)(A); and
``(B) the costs were incurred or paid to secure or maintain
the license or certification from the new jurisdiction in
connection with such reassignment.''.
(b) Repeal of Superseded Authority.--Section 476 of such title is
amended by striking subsection (p).
SEC. 575. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING OF AND
RESPONSE TO INCIDENTS OF CHILD ABUSE INVOLVING MILITARY
DEPENDENTS ON MILITARY INSTALLATIONS.
(a) Improvements Required.--
(1) In general.--The Secretary of Defense shall, consistent
with recommendations of the Comptroller General of the United
States in Government Accountability Office report GA0-20-110,
take actions in accordance with this section in order to
improve the efforts of the Department of Defense to track and
respond to incidents of child abuse involving dependents of
members of the Armed Forces that occur on military
installations (in this section referred to as ``covered
incidents of child abuse'').
(2) Child abuse.--For purposes of this section, child abuse
includes any abuse of a child, including sexual abuse,
emotional abuse, and neglect.
(b) Data Collection and Tracking of Incidents of Child Abuse.--
(1) Tracking of non-caregiver abuse.--The Secretary of
Defense shall establish a process for the Department of Defense
Family Advocacy Program to track reported covered incidents of
child abuse in which the alleged offender is not a parent,
guardian, or someone in a caregiving role at the time of the
incident. The information so tracked shall comport with the
information tracked by the Department of Defense in reported
covered incidents of child abuse in which the alleged offender
is a parent, guardian, or someone in a caregiving role at the
time of the incident.
(2) Centralized database for tracking of incidents.--
(A) In general.--The Secretary shall develop and
maintain in the Department of Defense a centralized
database to track information across the Department on
all covered incidents of child abuse that are reported
to the Family Advocacy Program or investigated by a
military criminal investigation organization,
regardless of whether the alleged offender was another
child, an adult, or someone in a non-caregiving role at
the time of an incident.
(B) Elements.--The centralized database required by
this paragraph shall include, for each incident within
the database, the following:
(i) Information pertinent to a
determination by the Family Advocacy Program
whether such incident meets the criteria of the
Department for treatment as an incident of
child abuse.
(ii) The results of any investigation of
such incident by a military criminal
investigation organization.
(iii) Information on the ultimate
disposition of the incident, if any, including
any administrative or prosecutorial action
taken.
(C) Annual reports on information.--The information
collected and maintained in the centralized database
shall be reported on an annual basis as part of the
annual reports from the Family Advocacy Program on
child abuse and domestic abuse in the military as
required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2141).
(D) Briefings.--Not later than March 31, 2021, and
every six months thereafter until the centralized
database required by this paragraph is fully
operational, the Secretary shall brief the Committees
on Armed Services of the Senate and the House of
Representatives on the status of the database.
(3) Department of defense education activity guidance.--The
Department of Defense Education Activity (DoDEA) shall issue
clarifications of its guidance on the incidents of child-on-
child abuse that qualify as serious incidents for purposes of
requirements for the reporting of such serious incidents by
school administrators to Activity leadership.
(c) Response Procedures.--
(1) Incident determination committee membership.--The
Department of Defense Family Advocacy Program shall ensure that
the voting membership of each Incident Determination Committee
on a military installation includes medical personnel with the
requisite knowledge and expertise to determine whether a
reported covered incident of abuse meets the criteria of the
Department of Defense for treatment as child abuse.
(2) Screening reported incidents of child abuse.--
(A) Development of standardized process.--The
Department of Defense Family Advocacy Program shall
develop a standardized process by which the Family
Advocacy Programs of the military departments screen
reported covered incidents of child abuse to determine
whether to present such incident to an Incident
Determination Committee.
(B) Monitoring.--The Secretary of each military
department shall develop a process to monitor the
manner in which reported covered incidents of child
abuse are screened by each installation under the
jurisdiction of such Secretary in order to ensure that
such screening complies with the standardized screening
process developed pursuant to subparagraph (A).
(3) Required notifications.--
(A) Documentation.--The Secretary of each military
department shall require that installation Family
Advocacy Programs and military criminal investigation
organizations under the jurisdiction of such Secretary
document in their respective databases the date on
which they notified the other of a reported covered
incident of child abuse.
(B) Oversight.--The Secretary of each military
department shall require that the Family Advocacy
Program of such military department, and the
headquarters of the military criminal investigation
organizations of such military department, to develop
processes to oversee the documentation of notifications
required by subparagraph (A) in order to ensure that
such notifications occur on a consistent basis at
installation level.
(4) Certified pediatric sexual assault forensic
examiners.--
(A) Geographic regions for examiners.--The Under
Secretary of Defense for Personnel and Readiness shall
specify geographic regions in which military families
reside for purposes of the availability of and access
to certified pediatric sexual assault examiners in such
regions.
(B) Availability.--The Under Secretary shall ensure
that--
(i) one or more certified pediatric sexual
assault examiners are located in each
geographic region specified pursuant to
subparagraph (A); and
(ii) examiners so located serve as
certified pediatric sexual assault examiners
throughout such region, without regard to Armed
Force or installation.
(5) Removal of children from unsafe homes overseas.--The
Secretary of Defense shall, in consultation with the
Secretaries of the military departments, issue policy that
clarifies and standardizes across the Armed Forces the
circumstances under which a commander may remove a child from a
potentially unsafe home at an installation overseas.
(6) Resource guide for families affected by child abuse.--
(A) In general.--The Secretary of each military
department shall develop and maintain a comprehensive
guide on resources available through the Department of
Defense and such military department for military
families under this jurisdiction of such Secretary who
are affected by child abuse.
(B) Elements.--Each guide under this paragraph
shall include the following:
(i) Information on the response processes
of the Family Advocacy Programs and military
criminal investigation organizations of the
military department concerned.
(ii) Lists of available support services,
such as legal, medical, and victim advocacy
services, through the Department of Defense and
the military department concerned.
(C) Distribution.--A resource guide under this
paragraph shall be presented to a military family by an
installation Family Advocacy Program and military
criminal investigation personnel at the time a covered
incident of child abuse involving a child in such
family is reported.
(D) Availability on internet.--A current version of
each resource guide under this paragraph shall be
available to the public on an Internet website of the
military department concerned available to the public.
(d) Coordination and Collaboration With Non-military Resources.--
(1) Coordination with states.--The Secretary of Defense
shall--
(A) continue the outreach efforts of the Department
of Defense to the States in order to ensure that States
are notified when a member of the Armed Forces or a
military dependent is involved in a reported incident
of child abuse off a military installation; and
(B) increase efforts at information sharing between
the Department and the States on such incidents of
child abuse, including entry into memoranda of
understanding with State child welfare agencies on
information sharing in connection with such incidents.
(2) Collaboration with national children's alliance.--
(A) Memoranda of understanding.--The Secretary of
each military department shall seek to enter into a
memorandum of understanding with the National
Children's Alliance under which--
(i) the children's advocacy center services
of the Alliance are available to all
installations in the continental United States
under the jurisdiction of such Secretary; and
(ii) members of the Armed Forces under the
jurisdiction of such Secretary are made aware
of the nature and availability of such
services.
(B) Participation of certain entities.--Each
memorandum of understanding under this paragraph shall
provide for the appropriate participation of the Family
Advocacy Program and military criminal investigation
organizations of the military department concerned in
activities under such memorandum of understanding.
(C) Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of
each military department shall provide to the
Committees on Armed Services of the Senate and the
House of Representatives a briefing on the status of
the development of a memorandum of understanding with
the National Children's Alliance under this paragraph,
together with information on which installations, if
any, under the jurisdiction of such Secretary have
entered into a written agreement with a local
children's advocacy center with respect to child abuse
on such installations.
SEC. 576. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER MATTERS.
(a) Center Fees Matters.--Section 1793 of title 10, United States
Code, is amended by adding at the end the following new subsections:
``(c) Liberal Issuance of Hardship Waivers.--The regulations
prescribed pursuant to subsection (a) shall require that installation
commanders issue waivers of fees otherwise established under the
regulations for inability to pay (commonly referred to as `hardship
waivers') on a liberal basis in a manner consistent (as specified by
the Secretary in such regulations) with ensuring that fees collected
pursuant to subsection (a) meet the operating expenses of the child
development centers concerned.
``(d) Family Discount.--In the case of a family with two or more
children attending a child development center, the regulations
prescribed pursuant to subsection (a) shall require that installations
commanders charge a fee for attendance at the center of any child of
the family after the first child of the family in amount equal to 85
percent of the amount of the fee otherwise chargeable for the
attendance of such child at the center.''.
(b) Child Care Fee Assistance Programs Throughout the Armed
Forces.--
(1) Programs authorized.--Each Secretary of a military
department may carry out a program for each Armed Force under
the jurisdiction of such Secretary under which a member of the
Armed Forces who is obtaining child care services from a
civilian child care services provider located off a military
installation is paid (subject to any limitation established by
such Secretary) a monthly amount equal to the amount, if any,
by which--
(A) the monthly amount charged by such provider for
such services; exceeds
(B) the monthly amount the military department
concerned pays or otherwise provides members at such
installation for child care services on such
installation.
(2) Model.--Any program carried out pursuant to paragraph
(1) shall be modeled after the Army Fee Assistance Program, and
incorporate such modifications to that Program as the Secretary
of the military department concerned considers appropriate.
(3) Secretary of defense approval.--Any program of an Armed
Force under paragraph (1) shall be subject to the approval of
the Secretary of Defense.
(c) Additional Actions To Obtain Qualified Child Care Employees.--
(1) In general.--Section 1792 of title 10, United States
Code, is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
new subsection (d):
``(d) Additional Actions To Obtain Qualified Employees.--Each
Secretary of a military department may, with the approval of the
Secretary of Defense, take actions in addition to actions authorized by
subsection (c) to provide military child development centers under the
jurisdiction of such Secretary with a qualified and stable civilian
workforce, including actions as follows:
``(1) Enhanced marketing and recruitment for employment.
``(2) Provision to employees of education-related benefits,
including tuition assistance and student loan repayment
programs.
``(3) Availability and enhancement of wellness and physical
fitness programs for employees.
``(4) Provision of such other competitive benefits as the
Secretary of the military department and the Secretary of
Defense jointly consider appropriate.''.
(2) Reports on installations with extreme imbalance between
demand for and availability of child care.--Not later than one
year after the date of the enactment of this Act, each
Secretary of a military department shall submit to Congress a
report on the military installations under the jurisdiction of
such Secretary with an extreme imbalance between demand for
child care and availability of child care. Each report shall
include, for the military department covered by such report,
the following:
(A) The name of the five installations of the
military department experiencing the most extreme
imbalance between demand for child care and
availability of child care.
(B) For each installation named pursuant to
subparagraph (A), the following:
(i) An assessment whether civilian
employees at child development centers at such
installation have rates of pay and benefits
that are competitive with other civilian
employees on such installation and with the
civilian labor pool in the vicinity of such
installation.
(ii) A description and assessment of
various incentives to encourage military
spouses to become providers under the Family
Child Care program at such installation.
(iii) Such recommendations at the Secretary
of the military department concerned considers
appropriate to address the imbalance between
demand for child care and availability of child
care at such installation, including
recommendations to enhance the competitiveness
of civilian child care positions at such
installation with other civilian positions at
such installation and the civilian labor pool
in the vicinity of such installation.
SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER ADVANCEMENT
ACCOUNT PROGRAM.
Section 580F of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``(a) Professional License or
Certification; Associate's Degree.--'' before ``The
Secretary'';
(2) by inserting ``or maintenance (including continuing
education courses)'' after ``pursuit''; and
(3) by adding at the end the following new subsection:
``(b) National Testing.--Financial assistance under subsection (a)
may be applied to the costs of national tests that may earn a
participating military spouse course credits required for a degree
approved under the program (including the College Level Examination
Program tests).''.
Subtitle H--Other Matters
SEC. 586. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF
CERTAIN PERSONS FROM INVESTIGATIVE REPORTS, THE
DEPARTMENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS,
AND OTHER RECORDS AND DATABASES.
(a) Policy and Process Required.--Not later than October 1, 2021,
the Secretary of Defense shall establish and maintain a policy and
process through which any covered person may request that the person's
name, personally identifying information, and other information
pertaining to the person shall, in accordance with subsection (c), be
corrected in, or expunged or otherwise removed from, the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of the
Department.
(b) Covered Persons.--For purposes of this section, a covered
person is any person whose name was placed or reported, or is
maintained--
(1) in the subject or title block of a law enforcement or
criminal investigative report of the Department of Defense (or
any component of the Department);
(2) as an item or entry in the Department of Defense
Central Index of Investigations; or
(3) in any other record maintained in connection with a
report described in paragraph (1), or an index item or entry
described in paragraph (2), in any system of records, records
database, records center, or repository maintained by or on
behalf of the Department.
(c) Elements.--The policy and process required by subsection (a)
shall include the following elements:
(1) Basis for correction or expungement.--That the name,
personally identifying information, and other information of a
covered person shall be corrected in, or expunged or otherwise
removed from, a report, item or entry, or record described in
paragraphs (1) through (3) of subsection (a) in the following
circumstances:
(A) Probable cause did not or does not exist to
believe that the offense for which the person's name
was placed or reported, or is maintained, in such
report, item or entry, or record occurred, or
insufficient evidence existed or exists to determine
whether or not such offense occurred.
(B) Probable cause did not or does not exist to
believe that the person actually committed the offense
for which the person's name was so placed or reported,
or is so maintained, or insufficient evidence existed
or exists to determine whether or not the person
actually committed such offense.
(C) Such other circumstances, or on such other
bases, as the Secretary may specify in establishing the
policy and process, which circumstances and bases may
not be inconsistent with the circumstances and bases
provided by subparagraphs (A) and (B).
(2) Considerations.--While not dispositive as to the
existence of a circumstance or basis set forth in paragraph
(1), the following shall be considered in the determination
whether such circumstance or basis applies to a covered person
for purposes of this section:
(A) The extent or lack of corroborating evidence
against the covered person concerned with respect to
the offense at issue.
(B) Whether adverse administrative, disciplinary,
judicial, or other such action was initiated against
the covered person for the offense at issue.
(C) The type, nature, and outcome of any action
described in subparagraph (B) against the covered
person.
(3) Procedures.--The policy and process required by
subsection (a) shall include procedures as follows:
(A) Procedures under which a covered person may
appeal a determination of the applicable component of
the Department of Defense denying, whether in whole or
in part, a request for purposes of subsection (a).
(B) Procedures under which the applicable component
of the Department will correct, expunge or remove, take
other appropriate action on, or assist a covered person
in so doing, any record maintained by a person,
organization, or entity outside of the Department to
which such component provided, submitted, or
transmitted information about the covered person, which
information has or will be corrected in, or expunged or
removed from, Department records pursuant to this
section.
(C) The timeline pursuant to which the Department,
or a component of the Department, as applicable, will
respond to each of the following:
(i) A request pursuant to subsection (a).
(ii) An appeal under the procedures
required by subparagraph (A).
(iii) A request for assistance under the
procedures required by subparagraph (B).
(D) Mechanisms through which the Department will
keep a covered person apprised of the progress of the
Department on a covered person's request or appeal as
described in subparagraph (C).
(d) Applicability.--The policy and process required to be developed
by the Secretary under subsection (a) shall not be subject to the
notice and comment rulemaking requirements under section 553 of title
5, United States Code.
(e) Report.--Not later than October 1, 2021, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the actions taken to carry out this
section, including a comprehensive description of the policy and
process developed and implemented by the Secretary under subsection
(a).
SEC. 587. NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH
RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED
FORCES.
(a) Members of Regular and Reserve Components.--Subsection (d) of
section 481 of title 10, United States Code, is amended to read as
follows:
``(d) When Surveys Required.--(1) The Armed Forces Workplace and
Gender Relations Surveys of the Active Duty and the Armed Forces
Workplace and Gender Relations Survey of the Reserve Components shall
each be conducted once every two years. The surveys may be conducted
within the same year or in two separate years, and shall be conducted
in a manner designed to reduce the burden of the surveys on members of
the armed forces.
``(2) The two Armed Forces Workplace and Equal Opportunity Surveys
shall be conducted at least once every four years. The surveys may be
conducted within the same year or in two separate years, and shall be
conducted in a manner designed to reduce the burden of the surveys on
members of the armed forces.
``(3)(A) The Secretary of Defense may postpone the conduct of a
survey under this section if the Secretary determines that conducting
such survey is not practicable due to a war or national emergency
declared by the President or Congress.
``(B) The Secretary shall ensure that a survey postponed under
subparagraph (A) is conducted as soon as practicable after the end of
the period of war or national emergency concerned, or earlier if the
Secretary determines appropriate.
``(C) The Secretary shall notify Congress of a determination under
subparagraph (A) not later than 30 days after the date on which the
Secretary makes such determination.''.
(b) Cadets and Midshipmen.--
(1) United states military academy.--Section 7461(c) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(2) United states naval academy.--Section 8480(c) of such
title is amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(3) United states air force academy.--Section 9461(c) of
such title is amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(c) Department of Defense Civilian Employees.--Section 481a of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Postponement.--(1) The Secretary of Defense may postpone the
conduct of a survey under this section if the Secretary determines that
conducting such survey is not practicable due to a war or national
emergency declared by the President or Congress.
``(2) The Secretary shall ensure that a survey postponed under
paragraph (1) is conducted as soon as practicable after the end of the
period of war or national emergency concerned, or earlier if the
Secretary determines appropriate.
``(3) The Secretary shall notify Congress of a determination under
paragraph (1) not later than 30 days after the date on which the
Secretary makes such determination.''.
SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL DISABILITY
BOARD OF REVIEW.
Section 1554a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Sunset.--(1) On or after October 1, 2020, the Secretary of
Defense may sunset the Physical Disability Board of Review under this
section.
``(2) If the Secretary sunsets the Physical Disability Board of
Review under paragraph (1), the Secretary shall transfer any remaining
requests for review pending at that time, and shall assign any new
requests for review under this section, to a board for the correction
of military records operated by the Secretary concerned under section
1552 of this title..
``(3) Subsection (c)(4) shall not apply with respect to any review
conducted by a board for the correction of military records under
paragraph (2).''.
SEC. 589. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON THE
ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF THE
FEDERAL VOTING ASSISTANCE PROGRAM.
(a) Elimination of Reports for Non-election Years.--Section 105A(b)
of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20308(b)) is amended, in the matter preceding paragraph (1)--
(1) by striking ``March 31 of each year'' and inserting
``September 30 of each odd-numbered year''; and
(2) by striking ``the following information'' and inserting
``the following information with respect to the Federal
elections held during the preceding calendar year''.
(b) Conforming Amendments.--Subsection (b) of section 105A of such
Act (52 U.S.C. 20308(b)) is amended--
(1) in the subsection heading, by striking ``Annual
Report'' and inserting ``Biennial Report''; and
(2) in paragraph (3), by striking ``In the case of'' and
all that follows through ``a description'' and inserting ``A
description''.
SEC. 590. PILOT PROGRAMS ON REMOTE PROVISION BY NATIONAL GUARD TO STATE
GOVERNMENTS AND NATIONAL GUARDS OF OTHER STATES OF
CYBERSECURITY TECHNICAL ASSISTANCE IN TRAINING,
PREPARATION, AND RESPONSE TO CYBER INCIDENTS.
(a) Pilot Programs Authorized.--The Secretary of the Army and the
Secretary of the Air Force may each, in consultation with the Chief of
the National Guard Bureau, conduct a pilot program to assess the
feasibility and advisability of the development of a capability within
the National Guard through which a National Guard of a State remotely
provides State governments and National Guards of other States (whether
or not in the same Armed Force as the providing National Guard) with
cybersecurity technical assistance in training, preparation, and
response to cyber incidents. If such Secretary elects to conduct such a
pilot program, such Secretary shall be known as an ``administering
Secretary'' for purposes of this section, and any reference in this
section to ``the pilot program'' shall be treated as a reference to the
pilot program conducted by such Secretary.
(b) Assessment Prior to Commencement.--For purposes of evaluating
existing platforms, technologies, and capabilities under subsection
(c), and for establishing eligibility and participation requirements
under subsection (d), for purposes of the pilot program, an
administering Secretary, in consultation with the Chief of the National
Guard Bureau, shall, prior to commencing the pilot program--
(1) conduct an assessment of--
(A) existing cyber response capacities of the Army
National Guard or Air National Guard, as applicable, in
each State; and
(B) any existing platform, technology, or
capability of a National Guard that provides the
capability described in subsection (a); and
(2) determine whether a platform, technology, or capability
described in paragraph (1)(B) is suitable for expansion for
purposes of the pilot program.
(c) Elements.--A pilot program under subsection (a) shall include
the following:
(1) A technical capability that enables the National Guard
of a State to remotely provide cybersecurity technical
assistance to State governments and National Guards of other
States, without the need to deploy outside its home State.
(2) Policies, processes, procedures, and authorities for
use of such a capability, including with respect to the
following:
(A) The roles and responsibilities of both
requesting and deploying State governments and National
Guards with respect to such technical assistance,
taking into account the matters specified in subsection
(f).
(B) Necessary updates to the Defense Cyber Incident
Coordinating Procedure, or any other applicable
Department of Defense instruction, for purposes of
implementing the capability.
(C) Program management and governance structures
for deployment and maintenance of the capability.
(D) Security when performing remote support,
including such in matters such as authentication and
remote sensing.
(3) The conduct, in coordination with the Chief of the
National Guard Bureau and the Secretary of Homeland Security
and in consultation with the Director of the Federal Bureau of
Investigation, other Federal agencies, and appropriate non-
Federal entities, of at least one exercise to demonstrate the
capability, which exercise shall include the following:
(A) Participation of not fewer than two State
governments and their National Guards.
(B) Circumstances designed to test and validate the
policies, processes, procedures, and authorities
developed pursuant to paragraph (2).
(C) An after action review of the exercise.
(d) Use of Existing Technology.--An administering Secretary may use
an existing platform, technology, or capability to provide the
capability described in subsection (a) under the pilot program.
(e) Eligibility and Participation Requirements.--An administering
Secretary shall, in consultation with the Chief of the National Guard
Bureau, establish requirements with respect to eligibility and
participation of State governments and their National Guards in the
pilot program.
(f) Construction With Certain Current Authorities.--
(1) Command authorities.--Nothing in a pilot program under
subsection (a) may be construed as affecting or altering the
command authorities otherwise applicable to any unit of the
National Guard unit participating in the pilot program.
(2) Emergency management assistance compact.--Nothing in a
pilot program may be construed as affecting or altering any
current agreement under the Emergency Management Assistance
Compact, or any other State agreements, or as determinative of
the future content of any such agreement.
(g) Evaluation Metrics.--An administering Secretary shall, in
consultation with the Chief of the National Guard Bureau and the
Secretary of Homeland Security, establish metrics to evaluate the
effectiveness of the pilot program.
(h) Term.--A pilot program under subsection (a) shall terminate on
the date that is three years after the date of the commencement of the
pilot program.
(i) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the commencement of the pilot program, the administering
Secretary shall submit to the appropriate committees of
Congress a report setting forth a description of the pilot
program and such other matters in connection with the pilot
program as the Secretary considers appropriate.
(2) Final report.--Not later than 180 days after the
termination of the pilot program, the administering Secretary
shall submit to the appropriate committees of Congress a report
on the pilot program. The report shall include the following:
(A) A description of the pilot program, including
any partnerships entered into by the Chief of the
National Guard Bureau under the pilot program.
(B) A summary of the assessment performed prior to
the commencement of the pilot program in accordance
with subsection (b).
(C) A summary of the evaluation metrics established
in accordance with subsection (g).
(D) An assessment of the effectiveness of the pilot
program, and of the capability described in subsection
(a) under the pilot program.
(E) A description of costs associated with the
implementation and conduct of the pilot program.
(F) A recommendation as to the termination or
extension of the pilot program, or the making of the
pilot program permanent with an expansion nationwide.
(G) An estimate of the costs of making the pilot
program permanent and expanding it nationwide in
accordance with the recommendation in subparagraph (F).
(H) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot program.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives.
(j) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 591. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS OF
OTHER ARMED FORCES WHEN MEMBERS OF THE ARMED FORCE OF THE
DECEASED ARE UNAVAILABLE.
(a) Briefing on Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives setting forth a plan
for the performance of a funeral honors detail at the funeral
of a deceased member of the Armed Forces by one or more members
of the Armed Forces from an Armed Force other than that of the
deceased when--
(A) members of the Armed Force of the deceased are
unavailable for the performance of the detail; and
(B) the performance of the detail by members of
other Armed Forces is requested by the family of the
deceased.
(2) Repeal of requirement for one member of armed force of
deceased in detail.--Section 1491(b)(2) of title 10, United
States Code, is amended in the first sentence by striking ``,
at least one of whom shall be a member of the armed force of
which the veteran was a member''.
(3) Performance.--The plan required by paragraph (1) shall
authorize the performance of funeral honors details by members
of the Army National Guard and the Air National Guard under
section 115 of title 32, United States Code, and may authorize
the remainder of such details to consist of members of veterans
organizations or other organizations approved for purposes of
section 1491 of title 10, United States Code, as provided for
by subsection (b)(2) of such section 1491.
(b) Elements.--The briefing under subsection (a) shall include a
description in detail the authorities and requirements for the
implementation of the plan, including administrative, logistical,
coordination, and funding authorities and requirements.
SEC. 592. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS TEST.
The Secretary of the Army may not implement the Army Combat Fitness
Test until the Secretary receives results of a study, conducted for
purposes of this section by an entity independent of the Department of
Defense, on the following:
(1) The extent, if any, to which the test would adversely
impact members of the Army stationed or deployed to climates or
areas with conditions that make prohibitive the conduct of
outdoor physical training on a frequent or sustained basis.
(2) The extent, if any, to which the test would affect
recruitment and retention in critical support military
occupational specialties (MOS) of the Army, such as medical
personnel.
SEC. 593. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD WAR II
VETERANS ON NATIONAL SECURITY, FOREIGN POLICY, AND
ECONOMIC AND HUMANITARIAN INTERESTS OF THE UNITED STATES.
(a) In General.--Not later than December 31, 2020, the Secretary of
Homeland Security, in consultation with the Secretary of Defense and
the Secretary of State, shall submit to the congressional defense
committees a report on the impact of the children of certain Filipino
World War II veterans on the national security, foreign policy, and
economic and humanitarian interests of the United States.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The number of Filipino World War II veterans who fought
under the United States flag during World War II to protect and
defend the United States in the Pacific theater.
(2) The number of Filipino World War II veterans who died
fighting under the United States flag during World War II to
protect and defend the United States in the Pacific theater.
(3) An assessment of the economic and tax contributions
that Filipino World War II veterans and their families have
made to the United States.
(4) An assessment of the impact on the United States of
exempting from the numerical limitations on immigrant visas the
children of the Filipino World War II veterans who were
naturalized under--
(A) section 405 of the Immigration Act of 1990
(Public Law 101-649; 8 U.S.C. 1440 note); or
(B) title III of the Nationality Act of 1940 (54
Stat. 1137; chapter 876), as added by section 1001 of
the Second War Powers Act, 1942 (56 Stat. 182; chapter
199).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL AND
TRANSPORTATION ALLOWANCES.
(a) Per Diem for Duty Outside the Continental United States.--
(1) Transfer to chapter 7.--Section 475 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 403b, and redesignated as section 405.
(2) Repeal of termination provision.--Section 405 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (f).
(3) Retitling of authority.--The heading of section 405 of
title 37, United States Code, as so added, is amended to read
as follows:
``Sec. 405. Per diem while on duty outside the continental United
States''.
(b) Allowance for Funeral Honors Duty.--
(1) Transfer to chapter 7.--Section 495 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 433a, and redesignated as section 435.
(2) Repeal of termination provision.--Section 435 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (c).
(c) Clerical Amendments.--
(1) Chapter 7.--The table of sections at the beginning of
chapter 7 of such title 37, United States Code, is amended--
(A) by inserting after the item relating to section
403b the following new item:
``405. Per diem while on duty outside the continental United States.'';
and
(B) by inserting after the item relating to section
433a the following new item:
``435. Funeral honors duty: allowance.''.
(2) Chapter 8.--The table of sections at the beginning of
chapter 8 of such title is amended by striking the items
relating to sections 475 and 495.
SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS OF THE ARMED FORCES PERFORMING
DUTY IN RESPONSE TO THE CORONAVIRUS DISEASE 2019.
(a) In General.--The Secretary of the military department concerned
shall pay hazardous duty pay under this section to a member of a
regular or reserve component of the Armed Forces who--
(1) performs duty in response to the Coronavirus Disease
2019 (COVID-19); and
(2) is entitled to basic pay under section 204 of title 37,
United States Code, or compensation under section 206 of such
title, for the performance of such duty.
(b) Regulations.--Hazardous duty pay shall be payable under this
section in accordance with regulations prescribed by the Secretary of
Defense. Such regulations shall specify the duty in response to the
Coronavirus Disease 2019 qualifying a member for payment of such pay
under this section.
(c) Amount.--The amount of hazardous duty pay paid a member under
this section shall be such amount per month, not less than $150 per
month, as the Secretary of Defense shall specify in the regulations
under subsection (b).
(d) Monthly Payment; No Proration.--
(1) Monthly payment.--Hazardous duty pay under this section
shall be paid on a monthly basis.
(2) No proration.--Hazardous duty pay is payable to a
member under this section for a month if the member performs
any duty in that month qualifying the person for payment of
such pay.
(e) Months for Which Payable.--Hazardous duty pay is payable under
this section for qualifying duty performed in months occurring during
the period--
(1) beginning on January 1, 2020; and
(2) ending on December 31, 2020.
(f) Construction With Other Pay.--Hazardous duty pay payable to a
member under this section is in addition to the following:
(1) Any other pay and allowances to which the member is
entitled by law.
(2) Any other hazardous duty pay to which the member is
entitled under section 351 of title 37, United States Code (or
any other provision of law), for duty that also constitutes
qualifying duty for payment of such pay under this section.
(g) Sense of Senate.--It is the sense of the Senate that the
Secretary of Defense should also authorize hazardous duty pay for
members of the Armed Forces not under orders specific to the response
to the Coronavirus Disease 2019 who provide--
(1) healthcare in a military medical treatment facility for
individuals infected with the Coronavirus Disease 2019; or
(2) technical or administrative support for the provision
of healthcare as described in paragraph (1).
SEC. 603. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR
MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE
COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United States Code,
is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding the end the following new paragraph:
``(4) for each of 6 days in connection with the taking by
the member of a period of maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave taken by a
member of the reserve components of the Armed Forces in
connection with the birth of a child shall count toward the
member's entitlement to retired pay, and in connection with the
years of service used in computing retired pay, under chapter
1223 of title 10, United States Code, as 12 points.
(2) Separate credit for each period of leave.--Separate
crediting of points shall accrue to a member pursuant to this
subsection for each period of maternity leave taken by the
member in connection with a childbirth event.
(3) When credited.--Points credited a member for a period
of maternity leave pursuant to this subsection shall be
credited in the year in which the period of maternity leave
concerned commences.
(4) Contribution of leave toward entitlement to retired
pay.--Section 12732(a)(2) of title 10, United States Code, is
amended by inserting after subparagraph (E) the following new
subparagraph:
``(F) Points at the rate of 12 a year for the taking of
maternity leave.''.
(5) Computation of years of service for retired pay.--
Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph (5):
``(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act, and
shall apply with respect to periods of maternity leave that commence on
or after that date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating To Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2020''
and inserting ``December 31, 2021'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN HEALTH
PROFESSIONS.
(a) Accession Bonus Generally.--Subparagraph (A) of section
335(e)(1) of title 37, United States Code, is amended by striking
``$30,000'' and inserting ``$100,000''.
(b) Accession Bonus for Critically Short Wartime Specialties.--
Subparagraph (B) of such section is amended by striking ``$100,000''
and inserting ``$200,000''.
(c) Retention Bonus.--Subparagraph (C) of such section is amended
by striking ``$75,000'' and inserting ``$150,000''.
(d) Incentive Pay.--Subparagraph (D) of such section is amended--
(1) in clause (i), by striking ``$100,000'' and inserting
``$200,000''; and
(2) in clause (ii), by striking ``$15,000'' and inserting
``$50,000''.
(e) Board Certification Pay.--Subparagraph (E) of such section is
amended by striking ``$6,000'' and inserting ``$15,000''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2020, and shall apply with respect to special
bonus and incentive pays payable under section 335 of title 37, United
States Code, pursuant to agreements entered into under that section on
or after that date.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
SEC. 621. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY
TRAVEL OR DUTY RESTRICTIONS IN COMPUTATIONS OF
ENTITLEMENT TO AND AMOUNTS OF RETIRED PAY FOR NON-REGULAR
SERVICE.
(a) Entitlement to Retired Pay.--Section 12732(a)(2) of title 10,
United States Code, is amended--
(1) by inserting after subparagraph (E) the following new
subparagraph:
``(F)(i) Subject to regulations prescribed by the
Secretary of Defense or the Secretary of Homeland
Security with respect to matters concerning the Coast
Guard when it is not operating as a service in the
Department of the Navy, one point for each day of
active service or one point for each drill or period of
equivalent instruction that was prescribed by the
Secretary concerned to be performed during the covered
emergency period, if such person was prevented from
performing such duty due to travel or duty restrictions
imposed by the President, the Secretary of Defense, or
the Secretary of Homeland Security with respect to the
Coast Guard.
``(ii) A person may not be credited more than 35
points in a one-year period under this subparagraph.
``(iii) In this subparagraph, the term `covered
emergency period' means the period beginning on March
1, 2020, and ending on the day that is 60 days after
the date on which the travel or duty restriction
applicable to the person concerned is lifted.''; and
(2) in the matter following subparagraph (F), as inserted
by paragraph (1), by striking ``and (E)'' and inserting ``(E),
and (F)''.
(b) Amount of Retired Pay.--Section 12733(3) of such title is
amended in the matter preceding subparagraph (A), by striking ``or
(D)'' and inserting ``(D), or (F)''.
SEC. 622. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN
RESERVES WHILE ON DUTY.
(a) Change in Priority of Payments for Retired or Retainer Pay.--
Subsection (a) of section 12316 of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``his earlier military service''
and inserting ``the Reserve's earlier military
service'';
(C) by striking ``a pension, retired or retainer
pay, or disability compensation'' and inserting
``retired or retainer pay''; and
(D) by striking ``he is entitled'' and inserting
``the Reserve is entitled''; and
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) the pay and allowances authorized by law for the duty
that the Reserve is performing; or
``(2) if the Reserve specifically waives those payments,
the retired or retainer pay to which the Reserve is entitled
because of the Reserve's earlier military service.''.
(b) Payments for Pension or Disability Compensation.--Such section
is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Except as provided by subsection (c), a Reserve of the Army,
Navy, Air Force, Marine Corps, or Coast Guard who because of the
Reserve's earlier military service is entitled to a pension or
disability compensation, and who performs duty for which the Reserve is
entitled to compensation, may elect to receive for that duty either--
``(1) the pension or disability compensation to which the
Reserve is entitled because of the Reserve's earlier military
service; or
``(2) if the Reserve specifically waives those payments,
the pay and allowances authorized by law for the duty that the
Reserve is performing.''.
(c) Additional Conforming and Modernizing Amendments.--Subsection
(c) of such section, as redesignated by subsection (b)(1) of this
section, is amended--
(1) by striking ``(a)(2)'' both places it appears and
inserting ``(a)(1) or (b)(2), as applicable,'';
(2) by striking ``his earlier military service'' the first
place it appears and inserting ``a Reserve's earlier military
service'';
(3) by striking ``his earlier military service'' each other
place it appears and inserting ``the Reserve's earlier military
service'';
(4) by striking ``he is entitled'' and inserting ``the
Reserve is entitled''; and
(5) by striking ``the member or his dependents'' and
inserting ``the Reserve or the Reserve's dependents''.
(d) Procedures.--Such section is further amended by adding at the
end the following new subsection:
``(d) The Secretary of Defense shall prescribe regulations under
which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast
Guard may waive the pay and allowances authorized by law for the duty
the Reserve is performing under subsection (a)(2) or (b)(2).''.
(e) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 623. RELIEF OF RICHARD W. COLLINS III.
(a) Findings.--Congress makes the following findings:
(1) On May 20, 2017, Lieutenant Richard W. Collins III was
murdered on the campus of the University of Maryland, College
Park, Maryland.
(2) At the time of his murder, Lieutenant Collins had
graduated from the Reserve Officers' Training Corps at Bowie
State University and received a commission in the United States
Army.
(3) At the time of the murder of Lieutenant Collins, a
graduate of a Reserve Officers' Training Corps who received a
commission but died before receiving a first duty assignment
was not eligible for a death gratuity under section 1475(a)(4)
of title 10, United States Code, or for casualty assistance
under section 633 of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 1475 note).
(4) Section 623 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) amended section 1475
of title 10, United States Code, to authorize the payment of a
death gratuity to a graduate of the Senior Reserve Officers'
Training Corps (SROTC) who receives a commission but dies
before receiving a first duty assignment.
(5) Section 625 of the National Defense Authorization Act
for Fiscal Year 2020 authorizes the families of Senior Reserve
Officers' Training Corps graduates to receive casualty
assistance in the event of the death of such graduates.
(6) Sections 623 and 625 of the National Defense
Authorization Act for Fiscal Year 2020 apply only to a Senior
Reserve Officers' Training Corps graduate who receives a
commission but dies before receiving a first duty assignment on
or after the date of the enactment of that Act.
(7) The death of Lieutenant Collins played a critical role
in changing the eligibility criteria for the death gratuity for
Senior Reserve Officers' Training Corps graduates who die prior
to their first assignment.
(b) Applicability of Laws.--
(1) Death gratuity.--Section 623 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), and
the amendment made by that section, shall apply to Lieutenant
Richard W. Collins III as if his death had occurred after the
date of the enactment of that section.
(2) Casualty assistance.--Section 625 of the National
Defense Authorization Act for Fiscal Year 2020, and the
amendment made by that section, shall apply to Lieutenant
Richard W. Collins III as if his death had occurred after the
date of the enactment of that section.
(c) Limitation.--No amount exceeding 10 percent of a payment made
under subsection (b)(1) may be paid to or received by any attorney or
agent for services rendered in connection with the payment. Any person
who violates this subsection shall be guilty of an infraction and shall
be subject to a fine in the amount provided under title 18, United
States Code.
Subtitle D--Other Matters
SEC. 631. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE GOVERNMENT
LODGING PROGRAM.
(a) Permanent Authority.--Section 914 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (5 U.S.C. 5911 note) is amended--
(1) in subsection (a), by striking ``, for the period of
time described in subsection (b),''; and
(2) by striking subsection (b).
(b) Exclusion of Certain Shipyard Employees.--Such section is
further amended by inserting after subsection (a) the following new
subsection (b):
``(b) Exclusion of Certain Shipyard Employees.--In carrying out a
Government lodging program under the authority in subsection (a), the
Secretary shall exclude from the requirements of the program employees
who are traveling for the performance of mission functions of a public
shipyard of the Department if the purpose or mission of such travel
would be adversely affected by the requirements of the program.''.
(c) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 914. GOVERNMENT LODGING PROGRAM.''.
SEC. 632. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE MEMBERS
OF THE UNIFORMED SERVICES.
(a) Clarification of Activities for Which Approval Required.--
Section 908 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(ii) by inserting ``, accepting payment for
speeches, travel, meals, lodging, or
registration fees, or accepting a non-cash
award,'' after ``that employment)''; and
(B) in paragraph (2), by striking ``armed forces''
and inserting ``armed forces, except members serving on
active duty under a call or order to active duty for a
period in excess of 30 days'';
(2) in the heading of subsection (b), by inserting ``for
Employment and Compensation'' after ``Approval Required'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Approval Required for Certain Payments and Awards.--A person
described in subsection (a) may accept payment for speeches, travel,
meals, lodging, or registration fees described in that subsection, or
accept a non-cash award described in that subsection, only if the
Secretary concerned approves the payment or award.''.
(b) Annual Reports on Approvals.--Subsection (d) of such section,
as redesignated by subsection (a)(3) of this section, is amended--
(1) by inserting ``(1)'' before ``Not later than'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by inserting ``, and each approval under
subsection (c) for a payment or award described in subsection
(a),'' after ``in subsection (a)''; and
(3) by adding at the end the following new paragraph:
``(2) The report under paragraph (1) on an approval described in
that paragraph with respect to an officer shall set forth the
following:
``(A) The foreign government providing the employment or
compensation or payment or award.
``(B) The duties, if any, to be performed in connection
with the employment or compensation or payment or award.
``(C) The total amount of compensation, if any, or payment
to be provided.''.
(c) Conforming Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 908. Reserves and retired members: acceptance of employment,
payments, and awards from foreign governments''.
(2) Table of sections.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 908 and inserting the following
new item:
``908. Reserves and retired members: acceptance of employment,
payments, and awards from foreign
governments.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER TYPE
REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE
PROGRAM.
Section 1079(a)(12) of title 10, United States Code, is amended, in
the first sentence, by striking ``or certified clinical social
worker,'' and inserting ``certified clinical social worker, or other
class of provider as designated by the Secretary of Defense,''.
SEC. 702. REMOVAL OF CHRISTIAN SCIENCE PROVIDERS AS AUTHORIZED
PROVIDERS UNDER THE TRICARE PROGRAM.
(a) Repeal.--Subsection (a) of section 1079 of title 10, United
States Code, is amended by striking paragraph (4).
(b) Conforming Amendment.--Paragraph (12) of such subsection is
amended, in the first sentence, by striking ``, except as authorized in
paragraph (4)''.
SEC. 703. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY
MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1079b of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Waiver of Fees.--Under the procedures implemented under
subsection (a), a military medical treatment facility may waive a fee
charged under such procedures to a civilian who is not a covered
beneficiary if--
``(1) after insurance payments, if any, the civilian is not
able to pay for the trauma or other medical care provided to
the civilian; and
``(2) the provision of such care enhanced the medical
readiness of the health care provider or health care providers
furnishing such care.''.
SEC. 704. MENTAL HEALTH RESOURCES FOR MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS DURING THE COVID-19 PANDEMIC.
(a) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall develop a plan to protect
and promote the mental health and well-being of members of the Armed
Forces and their dependents, which shall include the following:
(1) A strategy to combat existing stigma surrounding mental
health conditions that might deter such individuals from
seeking care.
(2) Guidance to commanding officers at all levels on the
mental health ramifications of the COVID-19 crisis.
(3) Additional training and support for mental health care
professionals of the Department of Defense on supporting
individuals who are concerned for the health of themselves and
their family members, or grieving the loss of loved ones due to
COVID-19.
(4) A strategy to leverage telemedicine to ensure safe
access to mental health services.
(b) Outreach.--The Secretary of Defense shall conduct outreach to
the military community to identify resources and health care services,
including mental health care services, available under the TRICARE
program to support members of the Armed Forces and their dependents.
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given those terms in section 1072
of such title.
SEC. 705. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE
NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE
CORONAVIRUS (COVID-19).
(a) In General.--The Secretary of Defense shall provide to a member
of the National Guard separating from active service after serving on
full-time National Guard duty pursuant to section 502(f) of title 32,
United States Code, the health benefits authorized under section 1145
of title 10, United States Code, for a member of a reserve component
separating from active duty, as referred to in subsection (a)(2)(B) of
such section 1145, if the active service from which the member of the
National Guard is separating was in support of the whole of government
response to the coronavirus (COVID-19).
(b) Definitions.--In this section, the terms ``active duty'',
``active service'', and ``full-time National Guard duty'' have the
meanings given those terms in section 101(d) of title 10, United States
Code.
SEC. 706. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
commence the conduct of a demonstration project designed to evaluate
the cost, quality of care, and impact on maternal and fetal outcomes of
using extramedical maternal health providers under the TRICARE program
to determine the appropriateness of making coverage of such providers
under the TRICARE program permanent.
(b) Elements of Demonstration Project.--The demonstration project
under subsection (a) shall include, for participants in the
demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants who are not otherwise
authorized to provide services under the TRICARE program.
(c) Participants.--The Secretary shall establish a process under
which covered beneficiaries may enroll in the demonstration project in
order to receive the services provided under the demonstration project.
(d) Duration.--The Secretary shall carry out the demonstration
project for a period of five years beginning on the date on which
notification of the commencement of the demonstration project is
published in the Federal Register.
(e) Survey.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for the
duration of the demonstration project, the Secretary shall
administer a survey to determine--
(A) how many members of the Armed Forces or spouses
of such members give birth while their spouse or
birthing partner is unable to be present due to
deployment, training, or other mission requirements;
(B) how many single members of the Armed Forces
give birth alone; and
(C) how many members of the Armed Forces or spouses
of such members use doula support or lactation
consultants.
(2) Matters covered by the survey.--The survey administered
under paragraph (1) shall include an identification of the
following:
(A) The race, ethnicity, age, sex, relationship
status, military service, military occupation, and
rank, as applicable, of each individual surveyed.
(B) If individuals surveyed were members of the
Armed Forces or the spouses of such members, or both.
(C) The length of advanced notice received by
individuals surveyed that the member of the Armed
Forces would be unable to be present during the birth,
if applicable.
(D) Any resources or support that the individuals
surveyed found useful during the pregnancy and birth
process, including doula or lactation counselor
support.
(f) Reports.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a plan to implement the demonstration
project.
(2) Annual report.--
(A) In general.--Not later than one year after the
commencement of the demonstration project, and annually
thereafter for the duration of the demonstration
project, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the cost of the
demonstration project and the effectiveness of the
demonstration project in improving quality of care and
the maternal and fetal outcomes of covered
beneficiaries enrolled in the demonstration project.
(B) Matters covered.--Each report submitted under
subparagraph (A) shall address, at a minimum, the
following:
(i) The number of covered beneficiaries who
are enrolled in the demonstration project.
(ii) The number of enrolled covered
beneficiaries who have participated in the
demonstration project.
(iii) The results of the surveys under
subsection (f).
(iv) The cost of the demonstration project.
(v) An assessment of the quality of care
provided to participants in the demonstration
project.
(vi) An assessment of the impact of the
demonstration project on maternal and fetal
outcomes.
(vii) An assessment of the effectiveness of
the demonstration project.
(viii) Recommendations for adjustments to
the demonstration project.
(ix) The estimated costs avoided as a
result of improved maternal and fetal health
outcomes due to the demonstration project.
(x) Recommendations for extending the
demonstration project or implementing permanent
coverage under the TRICARE program of
extramedical maternal health providers.
(xi) An identification of legislative or
administrative action necessary to make the
demonstration project permanent.
(C) Final report.--The final report under
subparagraph (A) shall be submitted not later than 90
days after the termination of the demonstration
project.
(g) Expansion of Demonstration Project.--
(1) Regulations.--If the Secretary determines that the
demonstration project is successful, the Secretary may
prescribe regulations to include extramedical maternal health
providers as health care providers authorized to provide care
under the TRICARE program.
(2) Credentialing and other requirements.--The Secretary
may establish credentialing and other requirements for doulas
and lactation consultants through public notice and comment
rulemaking for purposes of including doulas and lactation
consultations as health care providers authorized to provide
care under the TRICARE program pursuant to regulations
prescribed under paragraph (1).
(h) Definitions.--In this section:
(1) Extramedical maternal health provider.--The term
``extramedical maternal health provider'' means a doula or
lactation consultant.
(2) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have the
meanings given those terms in section 1072 of title 10, United
States Code.
SEC. 707. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION
MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS
PROGRAM.
(a) Requirement.--The Secretary of Defense shall carry out a pilot
program under which eligible covered beneficiaries may elect to receive
non-generic prescription maintenance medications selected under
subsection (c) through military treatment facility pharmacies, retail
pharmacies, or the national mail-order pharmacy program,
notwithstanding section 1074g(a)(9) of title 10, United States Code.
(b) Duration.--The Secretary shall carry out the pilot program for
a three-year period beginning not later than March 1, 2021.
(c) Selection of Medication.--The Secretary shall select non-
generic prescription maintenance medications described in section
1074g(a)(9)(C)(i) of title 10, United States Code, to be covered by the
pilot program.
(d) Use of Voluntary Rebates.--
(1) Requirement.--In carrying out the pilot program, the
Secretary shall seek to renew and modify contracts described in
paragraph (2) in a manner that--
(A) includes for purposes of the pilot program
retail pharmacies as a point of sale for the non-
generic prescription maintenance medication covered by
the contract; and
(B) provides the manufacturer with the option to
provide voluntary rebates for such medications at
retail pharmacies.
(2) Contracts described.--The contracts described in this
paragraph are contracts for the procurement of non-generic
prescription maintenance medications selected under subsection
(c) that are eligible for renewal during the period in which
the pilot program is carried out.
(e) Notification.--In providing each eligible covered beneficiary
with an explanation of benefits, the Secretary shall notify the
beneficiary of whether the medication that the beneficiary is
prescribed is covered by the pilot program.
(f) Briefing and Reports.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall brief the
congressional defense committees on the implementation of the
pilot program.
(2) Interim report.--Not later than 18 months after the
commencement of the pilot program, the Secretary shall submit
to the congressional defense committees a report on the pilot
program.
(3) Comptroller general report.--
(A) In general.--Not later than March 1, 2024, the
Comptroller General of the United States shall submit
to the congressional defense committees a report on the
pilot program.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) The number of eligible covered
beneficiaries who participated in the pilot
program and an assessment of the satisfaction
of such beneficiaries with the pilot program.
(ii) The rate by which eligible covered
beneficiaries elected to receive non-generic
prescription maintenance medications at a
retail pharmacy pursuant to the pilot program,
and how such rate affected military treatment
facility pharmacies and the national mail-order
pharmacy program.
(iii) The amount of cost savings realized
by the pilot program, including with respect
to--
(I) dispensing fees incurred at
retail pharmacies compared to the
national mail-order pharmacy program
for brand name prescription drugs;
(II) administrative fees;
(III) any costs paid by the United
States for the drugs in addition to the
procurement costs;
(IV) the use of military treatment
facilities; and
(V) copayments paid by eligible
covered beneficiaries.
(iv) A comparison of supplemental rebates
between retail pharmacies and other points of
sale.
(g) Rule of Construction.--Nothing in this section may be construed
to affect the ability of the Secretary to carry out section
1074g(a)(9)(C) of title 10, United States Code, after the date on which
the pilot program is completed.
(h) Definitions.--In this section:
(1) The term ``eligible covered beneficiary'' has the
meaning given that term in section 1074g(i) of title 10, United
States Code.
(2) The terms ``military treatment facility pharmacies'',
``retail pharmacies'', and ``the national mail-order pharmacy
program'' mean the methods for receiving prescription drugs as
described in clauses (i), (ii), and (iii), respectively, of
section 1074g(a)(2)(E) of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 721. MODIFICATIONS TO TRANSFER OF ARMY MEDICAL RESEARCH AND
DEVELOPMENT COMMAND AND PUBLIC HEALTH COMMANDS TO DEFENSE
HEALTH AGENCY.
(a) Delay of Transfer.--
(1) In general.--Section 1073c(e) of title 10, United
States Code, is amended, in the matter preceding paragraph (1),
by striking ``September 30, 2022'' and inserting ``September
30, 2024''.
(2) Conforming amendments.--Section 737 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) is amended, in subsections (a) and (c), by striking
``September 30, 2022'' and inserting ``September 30, 2024''
each place it appears.
(b) Modification To Resources Preserved.--Such section 737 is
amended--
(1) in the section heading, by striking ``resources'' and
inserting ``infrastructure and personnel''; and
(2) in subsection (a)--
(A) by striking ``resources'' and inserting
``infrastructure and personnel''; and
(B) by striking ``, which shall include manpower
and funding, at not less than the level of such
resources''.
(c) Elimination of Transfer of Funds.--Such section 737 is further
amended by--
(1) striking subsection (b); and
(2) redesignating subsection (c) as subsection (b).
(d) Change of Name of Command.--
(1) Delay of transfer.--Section 1073c(e)(1)(B) of title 10,
United States Code, is amended by striking ``Materiel'' and
inserting ``Development''.
(2) Preservation of infrastructure and personnel.--Section
737 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended--
(A) in the section heading, by striking
``materiel'' and inserting ``development''; and
(B) by striking ``Materiel'' each place it appears
and inserting ``Development''.
(e) Clerical Amendment.--The table of contents for the National
Defense Authorization Act for Fiscal Year 2020 is amended by striking
the item relating to section 737 and inserting the following new item:
``Sec. 737. Preservation of infrastructure and personnel of the Army
Medical Research and Development Command
and continuation as Center of
Excellence.''.
SEC. 722. DELAY OF APPLICABILITY OF ADMINISTRATION OF TRICARE DENTAL
PLANS THROUGH FEDERAL EMPLOYEES DENTAL AND VISION
INSURANCE PROGRAM.
Section 713(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 5 U.S.C. 8951 note) is
amended by striking ``January 1, 2022'' and inserting ``January 1,
2023''.
SEC. 723. AUTHORITY OF SECRETARY OF DEFENSE TO WAIVE REQUIREMENTS
DURING NATIONAL EMERGENCIES FOR PURPOSES OF PROVISION OF
HEALTH CARE.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073d the following new section:
``Sec. 1073e. Authority to waive requirements during national
emergencies
``(a) Purpose.--The purpose of this section is to enable the
Secretary of Defense to ensure, to the maximum extent feasible, in an
emergency area during an emergency period--
``(1) that sufficient authorized health care items and
services are available to meet the needs of covered
beneficiaries in such area eligible for the programs under this
chapter; and
``(2) that private sector health care providers authorized
under the TRICARE program that furnish such authorized items
and services in good faith may be reimbursed for such items and
services absent any determination of fraud or abuse.
``(b) Authority.--
``(1) In general.--To the extent necessary to accomplish
the purpose specified in subsection (a), the Secretary, subject
to the provisions of this section, may, for a period of 60
days, waive or modify the application of the requirements of
this chapter or any regulation prescribed thereunder with
respect to health care items and services furnished by a health
care provider (or class of health care providers) in an
emergency area (or portion of such area) during an emergency
period (or portion of such period), including by deferring the
termination of status of a covered beneficiary.
``(2) Renewal.--The Secretary may renew a waiver or
modification under paragraph (1) for subsequent 60-day periods
during the duration of the applicable emergency declaration.
``(c) Implementation.--The Secretary may implement any temporary
waiver or modification made pursuant to this section by program
instruction or otherwise.
``(d) Retroactive Application.--A waiver or modification made
pursuant to this section with respect to an emergency period may, at
the discretion of the Secretary, be made retroactive to the beginning
of the emergency period or any subsequent date in such period specified
by the Secretary.
``(e) Satisfaction of Preconditions for Status as Covered
Beneficiary.--A deferral under subsection (b) of termination of status
of a covered beneficiary may be contingent upon retroactive
satisfaction by such beneficiary of any premium or enrollment fee
payments or other preconditions for such status.
``(f) Certification.--
``(1) In general.--Not later than two days before
exercising a waiver or modification under subsection (b)(1) or
renewing a waiver or modification under subsection (b)(2), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a certification and
advance written notice regarding the authority to be exercised.
``(2) Matters included.--Certification and advanced written
notice required under paragraph (1) shall include--
``(A) a description of--
``(i) the specific provisions of law that
will be waived or modified;
``(ii) the health care providers to whom
the waiver or modification will apply;
``(iii) the geographic area in which the
waiver or modification will apply; and
``(iv) the period of time for which the
waiver or modification will be in effect; and
``(B) a certification that the waiver or
modification is necessary to carry out the purpose
specified in subsection (a).
``(g) Termination of Waiver.--A waiver or modification of
requirements pursuant to this section terminates upon the termination
of the applicable emergency declaration.
``(h) Report.--Not later than one year after the end of an
emergency period during which the Secretary exercised the authority
under this section, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the approaches used to accomplish the purpose described in
subsection (a), including an evaluation of such approaches and
recommendations for improved approaches should the need for the
exercise of such authority arise in the future.
``(i) Definitions.--In this section:
``(1) Emergency area.--The term `emergency area' means a
geographical area covered by an emergency declaration.
``(2) Emergency declaration.--The term `emergency
declaration' means--
``(A) an emergency or disaster declared by the
President pursuant to the National Emergencies Act (50
U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.); or
``(B) a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42
U.S.C. 247d).
``(3) Emergency period.--The term `emergency period' means
the period covered by an emergency declaration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by inserting after the item
relating to section 1073d the following new item:
``1073e. Authority to waive requirements during national
emergencies.''.
Subtitle C--Reports and Other Matters
SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently
amended by section 732(4)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92), is further amended by
striking ``September 30, 2021'' and inserting ``September 30, 2022''.
SEC. 742. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) In General.--Section 2113a(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) the Director of the Defense Health Agency, who shall
be an ex officio member;''.
(b) Rule of Construction.--The amendments made by this section may
not be construed to invalidate any action taken by the Uniformed
Services University of the Health Sciences or its Board of Regents
prior to the effective date of this section.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2021.
SEC. 743. MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Director of the Defense Health Agency, shall implement a comprehensive
program to be known as the ``Military Health System Clinical Quality
Management Program'' (in this section referred to as the ``Program'').
(b) Elements of Program.--The Program shall include, at a minimum,
the following:
(1) The implementation of systematic procedures to
eliminate, to the maximum extent feasible, risk of harm to
patients at military medical treatment facilities, including
through identification, investigation, and analysis of events
indicating a risk of patient harm and corrective action plans
to mitigate such risks.
(2) With respect to a potentially compensable event
(including those involving members of the Armed Forces) at a
military medical treatment facility--
(A) an analysis of such event, which shall occur
and be documented as soon as possible after the event;
(B) use of such analysis for clinical quality
management; and
(C) reporting of such event to the National
Practitioner Data Bank in accordance with guidelines of
the Secretary of Health and Human Services under the
Health Care Quality Improvement Act of 1986 (42 U.S.C.
11101 et seq.), giving special emphasis to the results
of external peer reviews of the event.
(3) Validation of provider credentials and granting of
clinical privileges by the Director of the Defense Health
Agency for all health care providers at a military medical
treatment facility.
(4) Accreditation of military medical treatment facilities
by a recognized external accreditation body.
(5) Systematic measurement of indicators of health care
quality, emphasizing clinical outcome measures, comparison of
such indicators with benchmarks from leading health care
quality improvement organizations, and transparency with the
public of appropriate clinical measurements for military
medical treatment facilities.
(6) Systematic activities emphasized by leadership at all
organizational levels to use all elements of the Program to
eliminate unwanted variance throughout the health care system
of the Department of Defense and make constant improvements in
clinical quality.
(7) A full range of procedures for productive communication
between patients and health care providers regarding actual or
perceived adverse clinical events at military medical treatment
facilities, including procedures--
(A) for full disclosure of such events (respecting
the confidentiality of peer review information under a
medical quality assurance program under section 1102 of
title 10, United States Code);
(B) providing an opportunity for the patient to be
heard in relation to quality reviews; and
(C) to resolve patient concerns by independent,
neutral healthcare resolution specialists.
(c) Additional Clinical Quality Management Activities.--
(1) In general.--In addition to the elements of the Program
set forth in subsection (b), the Secretary shall establish and
maintain clinical quality management activities in relation to
functions of the health care system of the Department separate
from delivery of health care services in military medical
treatment facilities.
(2) Health care delivery outside military medical treatment
facilities.--In carrying out paragraph (1), the Secretary shall
maintain policies and procedures to promote clinical quality in
health care delivery on ships and planes, in deployed settings,
and in all other circumstances not covered by subsection (b),
with the objective of implementing standards and procedures
comparable, to the extent practicable, to those under such
subsection.
(3) Purchased care system.--In carrying out paragraph (1),
the Secretary shall maintain policies and procedures for health
care services provided outside the Department but paid for by
the Department, reflecting best practices by public and private
health care reimbursement and management systems.
(d) Military Medical Treatment Facility Defined.--In this section,
the term ``military medical treatment facility'' means any fixed
facility or portion thereof of the Department of Defense that is
outside of a deployed environment and used primarily for health care.
SEC. 744. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY
PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND MEDICAL
SURGE CAPABILITY AND CAPACITY OF NATIONAL DISASTER
MEDICAL SYSTEM.
Section 740 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense may''
and inserting ``Beginning not later than September 30,
2021, the Secretary of Defense shall''; and
(B) by striking ``health care organizations,
institutions, and entities'' and inserting ``health
care organizations, health care institutions, health
care entities, academic medical centers of institutions
of higher education, and hospitals''; and
(C) by striking ``in the vicinity of major
aeromedical and other transport hubs and logistics
centers of the Department of Defense'';
(2) by striking subsection (c) and inserting the following
new subsections:
``(c) Lead Official for Design and Implementation of Pilot
Program.--
``(1) In general.--The Assistant Secretary of Defense for
Health Affairs shall be the lead official for design and
implementation of the pilot program under subsection (a).
``(2) Resources.--The Assistant Secretary of Defense for
Health Affairs shall leverage the resources of the Defense
Health Agency for execution of the pilot program under
subsection (a) and shall coordinate with the Chairman of the
Joint Chiefs of Staff throughout the planning and duration of
the pilot program.
``(d) Locations.--
``(1) In general.--The Secretary of Defense shall carry out
the pilot program under subsection (a) at not fewer than five
locations in the United States that are located at or near
locations with established expertise in disaster health
preparedness and response and trauma care that augment and
enhance the effectiveness of the pilot program.
``(2) Phased selection of locations.--
``(A) Initial selection.--Not later than the
earlier of the date that is 180 days after the date of
the enactment of this Act or March 31, 2021, the
Assistant Secretary of Defense for Health Affairs, in
consultation with the Secretary of Veterans Affairs,
the Secretary of Health and Human Services, the
Secretary of Homeland Security, and the Secretary of
Transportation, shall select not fewer than two
locations at which to carry out the pilot program.
``(B) Subsequent selection.--Not later than the end
of each one-year period following selection of
locations under subparagraph (A), the Assistant
Secretary of Defense for Health Affairs, in
consultation with the Secretary of Veterans Affairs,
the Secretary of Health and Human Services, the
Secretary of Homeland Security, and the Secretary of
Transportation, shall select not fewer than two
additional locations at which to carry out the pilot
program until not fewer than five locations are
selected in total.
``(3) Consideration and priority for locations.--In
selecting locations for the pilot program under subsection (a),
the Secretary shall--
``(A) consider--
``(i) the proximity of the location to
civilian or military transportation hubs,
including airports, railways, interstate
highways, or ports;
``(ii) the ability of the location to
accept a redistribution of casualties during
times of war;
``(iii) the ability of the location to
provide trauma care training opportunities for
medical personnel of the Department of Defense;
and
``(iv) the proximity of the location to
existing academic medical centers of
institutions of higher education, facilities of
the Department, or other institutions that have
established expertise in the areas of--
``(I) highly infectious disease;
``(II) biocontainment;
``(III) quarantine;
``(IV) trauma care;
``(V) combat casualty care;
``(VI) the National Disaster
Medical System under section 2812 of
the Public Health Service Act (42
U.S.C. 300hh-11);
``(VII) disaster health
preparedness and response;
``(VIII) medical and public health
management of biological, chemical,
radiological, or nuclear hazards; or
``(IX) such other areas of
expertise as the Secretary considers
appropriate; and
``(B) give priority to public-private partnerships
with academic medical centers of institutions of higher
education, hospitals, and other entities with
facilities that have an established history of
providing clinical care, treatment, training, and
research in the areas described in subparagraph (A)(ii)
or other specializations determined important by the
Secretary for purposes of the pilot program.'';
(3) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(4) in subsection (g), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``the
commencement of the pilot program under
subsection (a)'' and inserting ``the initial
selection of locations for the pilot program
under subsection (d)(2)(A)''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking
``subsection (d)'' and inserting
``subsection (e)'';
(II) in clause (iii), by striking
``subsection (e)'' and inserting
``subsection (f)''; and
(B) in paragraph (2)(B)(iv), by striking ``the
authority for''; and
(5) by adding at the end the following new subsection:
``(h) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' means a four-year
institution of higher education, as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).''.
SEC. 745. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE
READINESS OF MEDICAL FORCE OF THE ARMED FORCES TO PROVIDE
COMBAT CASUALTY CARE.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center or other independent entity to perform a study on force mix
options and service models (including traditional and nontraditional
active and reserve models) to optimize the readiness of the medical
force of the Armed Forces to deliver combat care on the battlefield.
(b) Issues To Be Addressed.--The study required by subsection (a)
shall include, at a minimum--
(1) with respect to options relating to members of the
Armed Forces on active duty--
(A) a review of existing models for such members
who are medical professionals to support clinical
readiness skills by serving in civilian trauma centers;
(B) an assessment of the extent to which existing
models can be optimized, standardized, and scaled to
address current readiness shortfalls; and
(C) an evaluation of the cost and effectiveness of
alternative models for such members who are medical
professionals to serve in civilian trauma centers; and
(2) with respect to options relating to members of the
reserve components of the Armed Forces--
(A) a review of existing models for such members of
the reserve components who are medical professionals to
support clinical readiness skills by serving in
civilian trauma centers;
(B) an assessment of the extent to which existing
models can be optimized, standardized, and scaled to
address current readiness shortfalls; and
(C) an evaluation of the cost and effectiveness of
alternative models for such members of the reserve
components who are medical professionals to serve in
civilian trauma centers.
(c) Report.--Not later than 15 months after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the findings and recommendations of the independent study required
by subsection (a).
SEC. 746. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the delivery of Federal, State, and private mental
health services to members of the reserve components.
(b) Elements.--The study conducted under subsection (a) shall--
(1) identify all programs, coverage, and costs associated
with services described in such subsection;
(2) specify gaps or barriers to access that could result in
delayed or insufficient mental health care support to members
of the reserve components.
(3) evaluate the mental health screening requirements for
members of the reserve components immediately before, during,
and after--
(A) Federal deployment under title 10, United
States Code; or
(B) State deployment under title 32, United States
Code; and
(4) provide recommendations when practicable to strengthen
the reintegration of members of the reserve components,
including an assessment of the effectiveness of making
programming mandatory.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study conducted under subsection (a).
(d) Reserve Component Defined.--In this section, the term ``reserve
component'' means a reserve component of the Armed Forces named in
section 10101 of title 10, United States Code.
SEC. 747. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF
THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS
OUTSIDE THE CONTIGUOUS UNITED STATES.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of efforts by the Department of Defense to
prevent suicide among members of the Armed Forces stationed at covered
installations.
(b) Elements of Review.--The review conducted under subsection (a)
shall include an assessment of each of the following:
(1) Current policy guidelines of the Armed Forces on the
prevention of suicide among members of the Armed Forces
stationed at covered installations.
(2) Current suicide prevention programs of the Armed Forces
and activities for members of the Armed Forces stationed at
covered installations and their dependents, including programs
provided by the Defense Health Program and the Office of
Suicide Prevention.
(3) The integration of mental health screenings and suicide
risk and prevention efforts for members of the Armed Forces
stationed at covered installations and their dependents into
the delivery of primary care for such members and dependents.
(4) The standards for responding to attempted or completed
suicides among members of the Armed Forces stationed at covered
installations and their dependents, including guidance and
training to assist commanders in addressing incidents of
attempted or completed suicide within their units.
(5) The standards regarding data collection for members of
the Armed Forces stationed at covered installations and their
dependents, including related factors such as domestic violence
and child abuse.
(6) The means to ensure the protection of privacy of
members of the Armed Forces stationed at covered installations
and their dependents who seek or receive treatment related to
suicide prevention.
(7) The availability of information from indigenous
populations on suicide prevention for members of the Armed
Forces stationed at covered installations who are members of
such a population.
(8) The availability of information from graduate research
programs of institutions of higher education on suicide
prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General considers
appropriate in connection with the prevention of suicide among
members of the Armed Forces stationed at covered installations
and their dependents.
(c) Briefing and Report.--The Comptroller General shall--
(1) not later than October 1, 2021, brief the Committees on
Armed Services of the Senate and the House of Representatives
on preliminary observations relating to the review conducted
under subsection (a); and
(2) not later than March 1, 2022, submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of such review.
(d) Covered Installation Defined.--In this section, the term
``covered installation'' means a remote installation of the Department
of Defense outside the contiguous United States.
SEC. 748. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN PRIVATIZED MILITARY
HOUSING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall commence the conduct of an audit of the medical
conditions of eligible individuals and the association between adverse
exposures of such individuals in unsafe or unhealthy housing units and
the health of such individuals.
(b) Content of Audit.--The audit conducted under subsection (a)
shall--
(1) determine the percentage of units of privatized
military housing that are unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible individuals
that relate to residing in an unsafe or unhealthy housing unit
and the effect of such exposures on the health of such
individuals; and
(3) determine the association, to the extent permitted by
available scientific data, and provide quantifiable data on
such association, between such adverse exposures and the
occurrence of a medical condition in eligible individuals
residing in unsafe or unhealthy housing units.
(c) Conduct of Audit.--The Inspector General of the Department
shall conduct the audit under subsection (a) using the same privacy
preserving guidelines used by the Inspector General in conducting other
audits of health records.
(d) Source of Data.--In conducting the audit under subsection (a),
the Inspector General of the Department shall use--
(1) de-identified data from electronic health records of
the Department;
(2) records of claims under the TRICARE program (as defined
in section 1072(7) of title 10, United States Code); and
(3) such other data as determined necessary by the
Inspector General.
(e) Submittal and Public Availability of Report.--Not later than
one year after the commencement of the audit under subsection (a), the
Inspector General of the Department shall--
(1) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the audit conducted
under subsection (a); and
(2) publish such report on a publicly available internet
website of the Department of Defense.
(f) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means a member of the Armed Forces or a family member of a
member of the Armed Forces who has resided in an unsafe or
unhealthy housing unit.
(2) Privatized military housing.--The term ``privatized
military housing'' means military housing provided under
subchapter IV of chapter 169 of title 10, United States Code.
(3) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of privatized military
housing in which, at any given time, at least one of the
following hazards is present:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease of access
by unlawful intruders or lighting issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other hazards as determined by the Inspector
General of the Department.
SEC. 749. COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM MENTAL
HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on prenatal and postpartum mental
health conditions among members of the Armed Forces and
dependents of such members.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of the extent to which
beneficiaries under the TRICARE program, including
members of the Armed Forces and dependents of such
members, are diagnosed with prenatal or postpartum
mental health conditions, including--
(i) prenatal or postpartum depression;
(ii) prenatal or postpartum anxiety
disorder;
(iii) prenatal or postpartum obsessive
compulsive disorder;
(iv) prenatal or postpartum psychosis; and
(v) other relevant mood disorders.
(B) A demographic assessment of the population
included in the study with respect to race, ethnicity,
sex, age, relationship status, military service,
military occupation, and rank, where applicable.
(C) An assessment of the status of prenatal and
postpartum mental health care for beneficiaries under
the TRICARE program, including those who seek care at
military medical treatment facilities and those who
rely on civilian providers.
(D) An assessment of the ease or delay for
beneficiaries under the TRICARE program in obtaining
treatment for prenatal and postpartum mental health
conditions, including--
(i) an assessment of wait times for mental
health treatment at each military medical
treatment facility; and
(ii) a description of the reasons such
beneficiaries may cease seeking such treatment.
(E) A comparison of the rates of prenatal or
postpartum mental health conditions within the military
community to such rates in the civilian population, as
reported by the Centers for Disease Control and
Prevention.
(F) An assessment of any effects of implicit or
explicit bias in prenatal and postpartum mental health
care under the TRICARE program, or evidence of racial
or socioeconomic barriers to such care.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings of the study conducted under
subsection (a), including--
(1) recommendations for actions to be taken by the
Secretary of Defense to improve prenatal and postpartum mental
health among members of the Armed Forces and dependents of such
members; and
(2) such other recommendations as the Comptroller General
determines appropriate.
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given those terms in section 1072
of title 10, United States Code.
SEC. 750. PLAN FOR EVALUATION OF FLEXIBLE SPENDING ACCOUNT OPTIONS FOR
MEMBERS OF THE UNIFORMED SERVICES AND THEIR FAMILIES.
(a) In General.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a plan to
evaluate flexible spending account options that allow pre-tax payment
of health and dental insurance premiums, out-of-pocket health care
expenses, and dependent care expenses for members of the uniformed
services and their family members, including an identification of any
legislative or administrative barriers to achieving the implementation
of such options.
(b) Uniformed Services Defined.--In this section, the term
``uniformed services'' has the meaning given that term in section 101
of title 37, United States Code.
SEC. 751. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL
TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Assessment.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete an assessment of the provision by the Department of
Defense of emergency medical treatment to civilians who are not covered
beneficiaries at military medical treatment facilities during the
period beginning on October 1, 2015, and ending on September 30, 2020.
(b) Elements of Assessment.--The assessment completed under
subsection (a) shall include, with respect to civilians who received
emergency medical treatment at a military medical treatment facility
during the period specified in such paragraph, the following:
(1) The total fees charged to such civilians for such
treatment and the total fees collected.
(2) The amount of medical debt from such treatment that was
garnished from such civilians, categorized by garnishment from
Social Security benefits, tax refunds, wages, or other
financial asset.
(3) The number of such civilians from whom medical debt
from such treatment was garnished.
(4) The total fees for such treatment that were waived for
such civilians.
(5) With respect to medical debt incurred by such civilians
from such treatment--
(A) the amount of such debt that was collected by
the Department of Defense;
(B) the amount of such debt still owed to the
Department; and
(C) the amount of debt transferred from the
Department of Defense to the Department of the Treasury
for collection.
(6) The number of such civilians from whom such medical
debt was collected who did not possess medical insurance at the
time of such treatment.
(7) The number of such civilians from whom such medical
debt was collected who collected Social Security benefits at
the time of such treatment.
(8) The number of such civilians from whom such medical
debt was collected who, at the time of such treatment, earned--
(A) less than the poverty line;
(B) less than 200 percent of the poverty line;
(C) less than 300 percent of the poverty line; and
(D) less than 400 percent of the poverty line.
(9) An assessment of the process through which military
medical treatment facilities seek to recover unpaid medical
debt from such civilians, including whether the Department of
Defense contracts with private debt collectors to recover such
unpaid medical debt.
(10) An assessment of the process, if any, through which
such civilians can apply to have medical debt for such
treatment waived, forgiven, canceled, or otherwise determined
to not be a financial obligation of the civilian.
(11) Such other information as the Comptroller General
determines appropriate.
(c) Report.--Not later than 180 days after the completion of the
assessment under subsection (a), the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report containing the results of the assessment.
(d) Definitions.--In this section:
(1) Civilian.--The term ``civilian'' means an individual
who is not--
(A) a member of the Armed Forces;
(B) a contractor of the Department of Defense; or
(C) a civilian employee of the Department.
(2) Covered beneficiary.--The term ``covered beneficiary''
has the meaning given that term in section 1072(5) of title 10,
United States Code.
(3) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
SEC. 752. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM DEPARTMENT
OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) Through the TRICARE program, the Department of Defense
provides health care benefits and services to approximately
9,500,000 beneficiaries.
(2) The Department of Defense is not structured as a
typical health care provider, which can lead to complicated
billing practices and strict deadlines for members of the Armed
Forces, former members of the Armed Forces, and their
dependents, as well as for providers.
(3) Numerous findings issued by the Inspector General of
the Department of Defense between 2014 and 2019 describe the
third-party collection program of the Department as
inadequately managed, resulting in substantial uncollected
funds that could be used to improve the quality of health care
at military medical treatment facilities.
(4) Numerous press reports have found that the Federal
Government aggressively collects unpaid debts from uninsured or
low-income civilian patients who happen to receive treatment at
a military medical treatment facility, even though providing
that treatment often benefits military readiness by providing
experience to military medical professionals.
(b) Sense of Congress.--It is the sense of Congress that it is in
the national interest of the United States to ensure members of the
Armed Forces, former members of the Armed Forces, and their dependents
receive high-quality health care, and that Federal agencies prioritize
fairness and accessibility when administering health care.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report assessing the
billing practices of the Department of Defense for care
received under the TRICARE program or at military medical
treatment facilities.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the extent to which data is
being collected and maintained on whether beneficiaries
under the TRICARE program have other forms of health
insurance.
(B) A description of the extent to which the
Secretary of Defense has implemented the
recommendations of the Inspector General of the
Department of Defense to improve collections of third-
party payments for care at military medical treatment
facilities and a description of the impact such
implementation has had on such beneficiaries.
(C) A description of the extent to which the
process used by managed care support contractors under
the TRICARE program to adjudicate third-party liability
claims is efficient and effective, including with
respect to communication with such beneficiaries.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 753. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL EXPOSURE
RECORD.
The Secretary of Veterans Affairs, in consultation with the
Secretary of Defense, shall provide to a veteran read-only access to
the documents of the veteran contained in the Individual Longitudinal
Exposure Record in a printable format through a portal accessible
through a website of the Department of Veterans Affairs and a website
of the Department of Defense.
SEC. 754. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY
AMONG MILITARY AVIATORS AND AVIATION SUPPORT PERSONNEL.
(a) Study.--
(1) In general.--The Secretary of Defense, in conjunction
with the National Institutes of Health and the National Cancer
Institute, shall conduct a study on cancer among covered
individuals in two phases as provided in this subsection.
(2) Phase 1.--
(A) In general.--Under the initial phase of the
study conducted under paragraph (1), the Secretary of
Defense shall determine if there is a higher incidence
of cancers occurring for covered individuals as
compared to similar age groups in the general
population through the use of the database of the
Surveillance, Epidemiology, and End Results program of
the National Cancer Institute.
(B) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a
report on the findings of the initial phase of the
study under subparagraph (A).
(3) Phase 2.--
(A) In general.--If, pursuant to the initial phase
of the study under paragraph (2), the Secretary
concludes that there is an increased rate of cancers
among covered individuals, the Secretary shall conduct
a second phase of the study under which the Secretary
shall do the following:
(i) Identify the carcinogenic toxins or
hazardous materials associated with military
flight operations from shipboard or land bases
or facilities, such as fuels, fumes, and other
liquids.
(ii) Identify the operating environments,
including frequencies or electromagnetic
fields, where exposure to ionizing radiation
(associated with high altitude flight) and
nonionizing radiation (associated with
airborne, ground, and shipboard radars)
occurred in which covered individuals could
have received increased radiation amounts.
(iii) Identify, for each covered
individual, duty stations, dates of service,
aircraft flown, and additional duties
(including Landing Safety Officer, Catapult and
Arresting Gear Officer, Air Liaison Officer,
Tactical Air Control Party, or personnel
associated with aircraft maintenance, supply,
logistics, fuels, or transportation) that could
have increased the risk of cancer for such
covered individual.
(iv) Determine locations where a covered
individual served or additional duties of a
covered individual that are associated with
higher incidences of cancers.
(v) Identify potential exposures due to
service in the Armed Forces that are not
related to aviation, such as exposure to burn
pits or toxins in contaminated water, embedded
in the soil, or inside bases or housing.
(vi) Determine the appropriate age to begin
screening covered individuals for cancer based
on race, gender, flying hours, period of
service as aviation support personnel, Armed
Force, type of aircraft, and mission.
(B) Data.--The Secretary shall format all data
included in the study conducted under this paragraph in
accordance with the Surveillance, Epidemiology, and End
Results program of the National Cancer Institute,
including by disaggregating such data by race, gender,
and age.
(C) Report.--Not later than one year after the
submittal of the report under paragraph (2)(B), if the
Secretary conducts the second phase of the study under
this paragraph, the Secretary shall submit to the
appropriate committees of Congress a report on the
findings of the study conducted under this paragraph.
(4) Use of data from previous studies.--In conducting the
study under this subsection, the Secretary of Defense shall
incorporate data from previous studies conducted by the Air
Force, the Navy, or the Marine Corps that are relevant to the
study under this subsection, including data from the
comprehensive study conducted by the Air Force identifying each
covered individual and documenting the cancers, dates of
diagnoses, and mortality of each covered individual.
(b) Definitions.--In this section:
(1) Appropriate committee of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) Armed forces.--The term ``Armed Forces''--
(A) has the meaning given the term ``armed forces''
in section 101 of title 10, United States Code; and
(B) includes the reserve components named in
section 10101 of such title.
(3) Covered individual.--The term ``covered individual''--
(A) means an aviator or aviation support personnel
who--
(i) served in the Armed Forces on or after
February 28, 1961; and
(ii) receives benefits under chapter 55 of
title 10, United States Code; and
(B) includes any air crew member of fixed-wing
aircraft and personnel supporting generation of the
aircraft, including pilots, navigators, weapons systems
operators, aircraft system operators, personnel
associated with aircraft maintenance, supply,
logistics, fuels, or transportation, and any other crew
member who regularly flies in an aircraft or is
required to complete the mission of the aircraft.
Subtitle D--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
SEC. 761. SHORT TITLE.
This subtitle may be cited as the ``Care and Readiness Enhancement
for Reservists Act of 2020'' or the ``CARE for Reservists Act of
2020''.
SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of
title 38, United States Code, is amended by adding at the end the
following new subparagraph:
``(D)(i) The Secretary, in consultation with the Secretary of
Defense, may furnish to any member of the reserve components of the
Armed Forces who has a behavioral health condition or psychological
trauma, counseling under subparagraph (A)(i), which may include a
comprehensive individual assessment under subparagraph (B)(i).
``(ii) A member of the reserve components of the Armed Forces
described in clause (i) shall not be required to obtain a referral
before being furnished counseling or an assessment under this
subparagraph.''.
(b) Outpatient Services.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting ``to an individual'' after ``If,
on the basis of the assessment furnished''; and
(B) by striking ``veteran'' each place it appears
and inserting ``individual''; and
(2) in paragraph (2), by striking ``veteran'' and inserting
``individual''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF
VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1789. Mental health services for members of the reserve
components of the Armed Forces
``The Secretary, in consultation with the Secretary of Defense, may
furnish mental health services to members of the reserve components of
the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1788 the following new item:
``1789. Mental health services for members of the reserve components of
the Armed Forces.''.
SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Suicide Prevention Program.--
(1) In general.--Section 1720F of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(l)(1) Covered Individual Defined.--In this section, the term
`covered individual' means a veteran or a member of the reserve
components of the Armed Forces.
``(2) In determining coverage of members of the reserve components
of the Armed Forces under the comprehensive program, the Secretary
shall consult with the Secretary of Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking ``veterans'' and
inserting ``covered individuals'';
(B) in subsection (b), by striking ``veterans''
each place it appears and inserting ``covered
individuals'';
(C) in subsection (c)--
(i) in the subsection heading, by striking
``of Veterans'';
(ii) by striking ``veterans'' each place it
appears and inserting ``covered individuals'';
and
(iii) by striking ``veteran'' and inserting
``individual'';
(D) in subsection (d), by striking ``to veterans''
each place it appears and inserting ``to covered
individuals'';
(E) in subsection (e), in the matter preceding
paragraph (1), by striking ``veterans'' and inserting
``covered individuals'';
(F) in subsection (f)--
(i) in the first sentence, by striking
``veterans'' and inserting ``covered
individuals''; and
(ii) in the second sentence, by inserting
``or members'' after ``veterans'';
(G) in subsection (g), by striking ``veterans'' and
inserting ``covered individuals'';
(H) in subsection (h), by striking ``veterans'' and
inserting ``covered individuals'';
(I) in subsection (i)--
(i) in the subsection heading, by striking
``for Veterans and Families'';
(ii) in the matter preceding paragraph (1),
by striking ``veterans and the families of
veterans'' and inserting ``covered individuals
and the families of covered individuals'';
(iii) in paragraph (2), by striking
``veterans'' and inserting ``covered
individuals''; and
(iv) in paragraph (4), by striking
``veterans'' each place it appears and
inserting ``covered individuals'';
(J) in subsection (j)--
(i) in paragraph (1), by striking
``veterans'' each place it appears and
inserting ``covered individuals''; and
(ii) in paragraph (4)--
(I) in subparagraph (A), in the
matter preceding clause (i), by
striking ``women veterans'' and
inserting ``covered individuals who are
women'';
(II) in subparagraph (B), by
striking ``women veterans who'' and
inserting ``covered individuals who are
women and''; and
(III) in subparagraph (C), by
striking ``women veterans'' and
inserting ``covered individuals who are
women''; and
(K) in subsection (k), by striking ``veterans'' and
inserting ``covered individuals''.
(3) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the Armed Forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of such subchapter is amended by striking
the item relating to section 1720F and inserting the
following new item:
``1720F. Comprehensive program for suicide prevention among veterans
and members of the reserve components of
the Armed Forces.''.
(b) Mental Health Treatment for Individuals Who Served in
Classified Missions.--
(1) In general.--Section 1720H of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``eligible
veteran'' and inserting ``eligible
individual''; and
(II) by striking ``the veteran''
and inserting ``the individual''; and
(ii) in paragraph (3), by striking
``eligible veterans'' and inserting ``eligible
individuals'';
(B) in subsection (b)--
(i) by striking ``a veteran'' and inserting
``an individual''; and
(ii) by striking ``eligible veteran'' and
inserting ``eligible individual''; and
(C) in subsection (c)--
(i) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``The
term `eligible veteran' means a veteran'' and
inserting ``The term `eligible individual'
means a veteran or a member of the reserve
components of the Armed Forces''; and
(ii) in paragraph (3), by striking
``eligible veteran'' and inserting ``eligible
individual''.
(2) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the Armed Forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1720H and
inserting the following new item:
``1720H. Mental health treatment for veterans and members of the
reserve components of the Armed Forces who
served in classified missions.''.
SEC. 765. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY
DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED
FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate and the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of Representatives a
report that includes an assessment of the following:
(1) The increase, as compared to the day before the date of
the enactment of this Act, of the number of members of the
Armed Forces that use readjustment counseling or outpatient
mental health care from the Department of Veterans Affairs,
disaggregated by State, Vet Center location, and clinical care
site of the Department, as appropriate.
(2) The number of members of the reserve components of the
Armed Forces receiving telemental health care from the
Department.
(3) The increase, as compared to the day before the date of
the enactment of this Act, of the annual cost associated with
readjustment counseling and outpatient mental health care
provided by the Department to members of the reserve components
of the Armed Forces.
(4) The changes, as compared to the day before the date of
the enactment of this Act, in staffing, training, organization,
and resources required for the Department to offer readjustment
counseling and outpatient mental health care to members of the
reserve components of the Armed Forces.
(5) Any challenges the Department has encountered in
providing readjustment counseling and outpatient mental health
care to members of the reserve components of the Armed Forces.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given that term in section 1712A(h) of title 38, United
States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Industrial Base Matters
SEC. 801. POLICY RECOMMENDATIONS FOR IMPLEMENTATION OF EXECUTIVE ORDER
13806 (ASSESSING AND STRENGTHENING THE MANUFACTURING AND
DEFENSE INDUSTRIAL BASE AND SUPPLY CHAIN RESILIENCY).
(a) Submission of Recommendations to Secretary of Defense.--In
order to fully implement the July 21, 2017, Presidential Executive
Order on Assessing and Strengthening the Manufacturing and Defense
Industrial Base and Supply Chain Resiliency of the United States, not
later than 540 days after the date of the enactment of this Act, the
Under Secretary of Defense for Acquisition and Sustainment shall submit
to the Secretary of Defense a series of recommendations regarding
United States industrial policies. The recommendations shall consist of
specific executive actions, programmatic changes, regulatory changes,
and legislative proposals and changes, as appropriate.
(b) Scope of Assessment.--In developing the recommendations
required under subsection (a), the Under Secretary shall assess--
(1) direct subsidies and investment in the economy;
(2) direct provision of credit and purchases of private
sector bonds and equity;
(3) prize-based technology challenges for critical research
and development milestones;
(4) capital controls and dollar policy;
(5) trade policy, including export control policy,
government acquisition policy, and targeted protectionist
policies;
(6) export promotion policies;
(7) foreign talent attraction and retention;
(8) graduate education policy; and
(9) expansion of existing or establishment of new public-
private partnerships, including the Trusted Capital
Marketplace.
(c) Objectives.--The recommendations made pursuant to subsection
(a) shall aim to--
(1) facilitate only high-value design, engineering, and
manufacturing activities;
(2) expand the defense industrial base to include friendly
and capable allies and partners;
(3) preserve the viability of domestic and international
suppliers;
(4) include export and productivity incentives;
(5) accord with standing international trade law; and
(6) strengthen the domestic national security industrial
base, especially in areas currently dependent on foreign
suppliers.
(d) Consultation.--In assessing the areas specified in subsection
(b) and developing the recommendations required under subsection (a),
the Under Secretary shall consult or inaugurate studies with, as
appropriate, the Joint Industrial Base Working Group, the Defense
Science Board, the Defense Innovation Board, economists, commercial
industry, and federally funded research and development centers.
(e) Submission of Recommendations to President.--Not later than 30
days after receiving the recommendations under subsection (a), the
Secretary of Defense shall submit the recommendations, together with
any additional views or recommendations, to the President, the Office
of Management and Budget, the National Security Council, and the
National Economic Council.
(f) Submission of Recommendations to Congress.--Not later than 30
days after submitting the recommendations to the President under
section (e), the Secretary of Defense shall submit the recommendations
to and brief the congressional defense committees on the
recommendations.
SEC. 802. ASSESSMENT OF NATIONAL SECURITY INNOVATION BASE.
(a) In General.--Not later than 540 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall submit to
the Secretary of Defense an assessment of the economic forces and
structures shaping the capacity of the national security innovation
base and policy recommendations pertaining to the outcome of such
assessment.
(b) Elements.--The assessment required under subsection (a) shall
review the following matters as they pertain to the innovative and
manufacturing capacity of the national security innovation base:
(1) Competition and antitrust policy.
(2) Immigration policy, including the policies germane to
the attraction and retention of skilled immigrants.
(3) Graduate education funding and policy.
(4) Demand stabilization and social safety net policies.
(5) The structure and incentives of financial markets and
businesses' access to credit.
(6) Trade policy, including export control policy.
(7) The tax code and its effect on investment, including
the Federal research and development tax credit.
(8) Deregulation in critical economic sectors, land use,
environment review, and construction and manufacturing
activities.
(9) National economic and manufacturing infrastructure.
(10) Intellectual property reform.
(11) Federally funded investments in the economy, including
research and development and advanced manufacturing.
(12) Federally funded procurement of goods and services.
(13) Federally funded investments to expand domestic
manufacturing capabilities.
(c) Engagement With Certain Entities.--In conducting the assessment
required under subsection (a), the Deputy Secretary shall engage
through appropriate mechanisms with the Defense Science Board, the
Defense Innovation Board, the Defense Business Board, academic experts,
commercial industry, and federally funded research and development
centers.
(d) Submission of Assessment.--Not later than 30 days after
receiving the assessment and recommendations under subsection (a), the
Secretary of Defense shall submit the assessment, together with
recommendations and any additional views of the Secretary, to the
President, the Office of Management and Budget, the National Security
Council, the National Economic Council, and the congressional defense
committees.
SEC. 803. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) National Technology and Industrial Base Implementation.--
(1) Assessment of research and development, manufacturing,
and production capabilities.--
(A) In general.--In developing the strategy
required by section 2501 of title 10, United States
Code, carrying out the analysis of the national
technology and industrial base required by section 2503
of such title, and performing the periodic assessments
required under section 2505 of such title, the
Secretary of Defense shall, in consultation with the
Under Secretary of Defense for Acquisition and
Sustainment and the Under Secretary of Research and
Engineering, assess the research and development,
manufacturing, and production capabilities of entities
within the United States and non-United States members
of the national technology and industrial base as well
as other friendly nations.
(B) Identification of specific technologies,
companies, laboratories, and factories.--The assessment
shall include identification of specific technologies,
companies, laboratories, and factories of or located in
the United States and the non-United States members of
the national technology and industrial base of
potential value to current and future Department of
Defense plans and programs.
(2) Policy and guidance.--Consistent with section 2440 of
title 10, United States Code, the Under Secretary of Defense
for Acquisition and Sustainment shall develop and promulgate to
the service and command acquisition executives, the heads of
the appropriate defense agencies and field activities, and
relevant program managers acquisition policy and guidance
germane to the use of the research and development,
manufacturing, and production capabilities identified pursuant
to paragraph (1)(B) and the technologies, companies,
laboratories, and factories in specific Department of Defense
research and development, international cooperative research,
procurement, and sustainment activities.
(b) Cooperative Research and Development.--
(1) Authority to enter into cooperative research and
development projects with nations in the national technology
and industrial base.--Section 2350a(a)(2) of title 10, United
States Code, is amended by adding at the end the following new
subparagraph:
``(F) A nation in the National Technology and Industrial
Base, as defined by section 2500 of title 10, United States
Code.''.
(2) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to conform with subparagraph (F) of
section 2350a(a)(2) of title 10, United States Code, as added
by paragraph (1).
(c) Regulatory Council.--Section 2502 of title 10, United States
Code, is amended by inserting after subsection (d) the following new
subsection:
``(e) National Technology and Industrial Base Regulatory Council.--
``(1) Establishment.--The Chairman of the National Defense
Technology and Industrial Base Council shall work with the
equivalent designees in the countries that comprise the
national technology and industrial base to establish the
National Technology and Industrial Base Regulatory Council.
``(2) Meetings.--The National Technology and Industrial
Base Regulatory Council shall meet biannually to harmonize
respective policies and regulations, and to propose new
legislation and regulations that increase the integration
between the policies, persons, and organizations comprising the
national technology and industrial base.
``(3) Duties.--The National Technology and Industrial Base
Regulatory Council shall--
``(A) address and review issues related to
industrial security, supply chain security,
cybersecurity, regulating foreign direct investment and
foreign ownership, control and influence mitigation,
market research, technology assessment, and research
cooperation within public and private research and
development organizations and universities, technology
and export control measures, acquisition processes and
oversight, and management best practices; and
``(B) establish a mechanism for national technology
and industrial base members to raise disputes that
arise within the national technology and industrial
base at a government-to-government level.''.
(d) Recommendations for Additional Members of the National
Technology and Industrial Base.--
(1) In general.--The Secretary of Defense shall establish a
process to consider the inclusion of additional member nations
in the national technology and industrial base.
(2) Elements.--The process developed under paragraph (1)
shall include--
(A) analysis of the national security costs and
benefits to the United States and allies of the
inclusion of such additional member nation in the
national technology and industrial base;
(B) analysis of the economic costs and benefits to
entities within the United States and allies of the
inclusion of such additional member nation into the
national technology and industrial base, including an
assessment of--
(i) specific shortfalls in the
technological and industrial capacities of
current member nations of the national
technology and industrial base that would be
addressed by inclusion of such additional
member nation; and
(ii) specific areas in the industrial bases
of current member nations of the national
technology and industrial base that would
likely be impacted by additional competition if
such additional nation were included in the
national technology and industrial base; and
(C) analysis of other factors as determined
relevant by the Secretary.
(3) Recommended legislation.--
(A) In general.--The Secretary of Defense may
submit legislative proposals to Congress to add new
nations to the national technology and industrial base.
(B) Elements.--Proposals submitted pursuant to
subparagraph (A) shall include the following elements:
(i) A summary of the analyses performed
pursuant to subsection (d)(2).
(ii) A set of metrics to assess the
national security and economic benefits that
such inclusion is expected to accrue to
entities within the United States and allied
nations.
(4) Report.--Not later than 540 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report with recommendations
regarding whether to include in the national technology and
industrial base each country with which the United States
maintains a mutual defense treaty, a reciprocal defense
procurement agreement, or other defense cooperation agreement.
The report shall be based on assessments conducted using the
process established under paragraph (1) and shall include, for
each country recommended for inclusion, the information
specified in paragraph (3)(B).
SEC. 804. MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION
PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE.
Section 2509 of title 10, United States Code, as added by section
845(a) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``, such as those
identified through the Department of Defense's
supply chain risk management process and by the
Federal Acquisition Security Council, and''
after ``supply chain risks''; and
(ii) in clause (ii), by striking ``(other
than optical transmission components)'';
(B) in subparagraph (C)--
(i) in clause (x), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (xi) as clause
(xii); and
(iii) by inserting after clause (x) the
following new clause:
``(xi) processes and procedures related to supply
chain risk management, including those implemented
pursuant to section 806 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2304 note); and''; and
(C) by adding at the end the following new
subparagraph:
``(E) Characterization and assessment of industrial base
support policies, programs, and procedures, including--
``(i) limitations and acquisition guidance relevant
to the national technology and industrial base (as
defined in section 2500(1) of this title);
``(ii) limitations and acquisition guidance
relevant to section 2533a of this title;
``(iii) the Industrial Base Analysis and
Sustainment program, including direct support and
common design activities;
``(iv) the Small Business Innovation Research
program;
``(v) the Department of Defense Manufacturing
Technology program;
``(vi) programs related to the Defense Production
Act of 1950 (50 U.S.C. 4511 et seq.);
``(vii) the Trusted Capital Marketplace program;
and
``(viii) programs in the military services.''; and
(2) in subsection (f)(2), by inserting ``, and supporting
policies, procedures, and guidance'' after ``pursuant to
subsection (b)''.
SEC. 805. ASSESSMENTS OF INDUSTRIAL BASE CAPABILITIES AND CAPACITY.
(a) Assessments.--The Secretary of Defense shall define
intelligence and other information requirements, sources, and
organizational responsibilities for assessing foreign adversary
technological and industrial bases and conducting comparative analyses
of such technological and industrial bases. The requirements, sources,
and responsibilities shall include--
(1) examining the competitive advantages foreign
adversaries are pursuing, including with respect to regulation,
raw materials, educational capacity, labor, and capital
accessibility;
(2) assessing relative cost, speed of product development,
age and value of the installed capital base, leadership's
technical competence and agility, nationally imposed inhibiting
conditions, the availability of human and material resources,
and the burdens of government oversight;
(3) a temporal evaluation of the competitive strengths and
weaknesses of United States industry, including manufacturing
surge capacity, versus the directed priorities and capabilities
of foreign adversary governments; and
(4) assessing any other issues that the Secretary of
Defense determines appropriate.
(b) Methodology.--The Deputy Assistant Secretary of Defense for
Industrial Policy shall incorporate inputs pursuant to subsection (a)
as part of a methodology to continuously assess domestic and foreign
industries, markets, and companies of significance to military and
industrial advantage to identify supply chain vulnerabilities.
(c) Report.--
(1) In general.--Not later than March 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on efforts to establish the continuous
assessment activity required under subsections (a) and (b).
(2) Elements.--The report submitted under paragraph (1)
shall include a consideration of whether it would be
appropriate to task some of the assessment work to an
organization independent of the Department, and any
recommendations regarding which organization should perform
such work.
SEC. 806. ANALYSES OF CERTAIN MATERIALS AND TECHNOLOGY SECTORS FOR
ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY.
(a) Analyses Required.--
(1) In general.--The Secretary of Defense, acting through
the Undersecretary for Acquisition and Sustainment and other
appropriate officials, shall review the materials, processes,
and technology sectors under subsection (c) to determine and
develop appropriate actions, consistent with the policies,
programs, and activities required under chapter 148 of title
10, United States Code, including--
(A) restricting procurement, with appropriate
waivers for cost, emergency requirements, and non-
availability of suppliers, including restricting
procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology
and industrial base (as defined in section
2500(1) of title 10, United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment to expand capacity or
diversifying sources of supply or alternative
approaches to addressing military requirements, through
use of research and development or procurement
activities and acquisition authorities;
(C) taking a combination of actions described under
subparagraphs (A) and (B); or
(D) taking no actions, restrictions, or additional
investment.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and
potential suppliers of goods and services.
(b) Recommendations.--The analyses conducted pursuant to subsection
(a) shall be used to inform policy, agreements, guidance and reporting
requirements under chapter 148 of title 10, United States Code,
including--
(1) the annual report to Congress required under section
2504 of such title;
(2) the annual report on unfunded priorities of the
national technology and industrial base required under section
2504a of such title;
(3) Department of Defense technology and industrial base
policy guidance prescribed under section 2506 of such title;
(4) activities to modernize acquisition processes to ensure
integrity of industrial base pursuant to section 2509 of such
title;
(5) defense memoranda of understanding and related
agreements considered in accordance with section 2531 of such
title;
(6) other requirements as appropriate.
(c) Materials, Technologies, and Processes of Interest.--The
Secretary of Defense shall prioritize undertaking analyses and making
recommendations under this section for the following goods and
services:
(1) Goods and services covered under existing restrictions,
where a domestic non-availability determination has been made.
(2) Critical technologies identified in the National
Defense Strategy.
(3) Technologies and sectors identified in reports required
regarding the defense industrial base.
(4) Microelectronics.
(5) Printed circuit boards and other electronics
components.
(6) Pharmaceuticals.
(7) Medical devices.
(8) Personal protective equipment.
(9) Rare earth materials.
(10) Synthetic graphite.
(11) Coal-based rayon carbon fibers.
(12) Aluminum.
SEC. 807. MICROELECTRONICS MANUFACTURING STRATEGY.
(a) In General.--Not later than January 1, 2021, the Deputy
Secretary of Defense, in consultation 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, shall submit to the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff a strategy to manufacture
state-of-the art integrated circuits in the United States within a
period of three to five years that includes a plan to explore and
evaluate options for re-establishing microelectronics foundry services
and the industrial capabilities associated with such services.
(b) Elements.--In developing the strategy required under subsection
(a), the Under Secretary shall consider--
(1) multiple models of public-private partnerships to
execute the strategy;
(2) processes and criteria for competitive selection of
commercial companies, including companies headquartered in
allied and partner countries, to provide design, foundry and
assembly, and packaging services and to build and operate the
industrial capabilities associated with such services;
(3) the role that the broader Federal Government should
play in organizing and supporting the strategy, including any
required direct or indirect funding support, or legislative and
regulatory actions, including restricting procurements to
domestic sources, and providing anti-trust and export control
relief; and
(4) all potential funding sources and mechanisms for
initial and sustaining investments.
(c) Submission of Strategy to President.--Not later February 1,
2021, the Secretary of Defense shall submit the strategy, together 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.
(d) Briefing.--Not later than March 1, 2021, the Secretary of
Defense shall submit the strategy to and brief the congressional
defense committees on the strategy and the Secretary's recommendations.
SEC. 808. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS.
(a) Purchases.--Not later than one year after the date of enactment
of this Act, the Secretary of Defense shall require for new contracts
or other acquisition activities that contractors, or subcontractors at
any tier, that provide covered printed circuit boards for use by the
Department of Defense certify that, of the total value of the covered
printed circuit boards provided by the contractor or subcontractor
pursuant to a contract or subcontract with the Department of Defense,
not less than the percentages set forth in subsection (b) were
manufactured and assembled within a covered nation.
(b) Implementation.--
(1) Establishment of required percentages.--In establishing
the certification process under subsection (a), the Secretary
shall establish and publish increasing percentages of values of
the covered printed circuit boards under subsection (a) to be
complied with by appropriate contractors and subcontractors,
based on--
(A) assessment of covered nation capacity to supply
printed circuit boards, over time;
(B) assessment of threats to national security
capabilities from use of printed circuit boards from
non-covered nations;
(C) economic benefits accrued by non-covered
nations which would otherwise be accrued by covered
nations;
(D) achieving a goal of production of 100 percent
of manufacture and assembly of printed circuit boards
in covered nations within ten years; and
(E) other criteria as determined appropriate.
(2) Minimum percentages.--The percentages established by
the Secretary under this subsection shall, in any case, be
equal to or greater than, unless specifically directed by the
Secretary for an individual contract or subcontract--
(A) 25 percent by October 1, 2023;
(B) 50 percent by October 1, 2025;
(C) 75 percent by October 1, 2029; and
(D) 100 percent by October 1, 2032.
(3) Limited exceptions.--If the Secretary of Defense
directs that a specific contract or subcontract is required to
comply with a different percentage than those prescribed under
this subsection, the Secretary shall notify the congressional
defense committees not later than 30 days after such direction
is issued, along with a rationale for the changed percentage.
(c) Remediation.--In the event that a contractor or subcontractor
is unable to complete the certification required under subsection (a),
the Secretary may accept covered printed circuit boards from the
contractor or subcontractor for an appropriate time period, not to
exceed 18 months over a five-year period, while requiring the
contractor to complete a remediation plan. Such a plan shall be
submitted to the congressional defense committees and shall require the
contractor or subcontractor to--
(1) audit its supply chain to identify any areas of
security vulnerability and compliance with section 224 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 119-92); and
(2) meet the requirements of subsection (a) within in an
expedited fashion after the initial missed certification
deadline to address national security threats.
(d) Waiver.--A contractor may request that the Secretary of Defense
waive the requirement for certification, and the Secretary may grant
such a waiver, if the Secretary has conclusively determined that--
(1) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by any covered printed circuit boards provided to the
Department of Defense by the contractor in the fiscal year
under the certification requirement or the previous fiscal
year;
(2) the contractor is otherwise in compliance with all
relevant cybersecurity provisions relating to members of the
defense industrial base, including section 244 of the National
Defense Authorization Act for Fiscal Year 2020; and
(3) the waiver is required to support national security
needs, particularly with respect to acquisitions of commercial
items.
(e) Availability and Cost Exceptions.--Subsection (a) shall not
apply to the extent that the Secretary of Defense or the Secretary of
the military department concerned determines that covered printed
circuit boards of satisfactory quality and sufficient quantity, in the
required form, cannot be procured as and when needed from covered
nations at reasonable cost, excluding comparisons with non-market
economies, or in time to meet an operational requirement.
(f) Definitions.--In this section--
(1) the term ``covered printed circuit board'' means any
printed circuit board that is a--
(A) noncommercial item; or
(B) commercial or commercially available off-the-
shelf item that transmits or stores national security
sensitive information for--
(i) telecommunications;
(ii) data communications;
(iii) data storage;
(iv) medical applications;
(v) networking;
(vi) fifth-generation cellular
communications;
(vii) computing;
(viii) radar;
(ix) munitions; or
(x) any other system that the Secretary of
Defense determines should be covered under this
section; and
(2) the term ``covered nation'' means--
(A) the United States;
(B) a member nation of the national technology and
industrial base under section 2500 of title 10, United
States Code; or
(C) a nation that has agreed, in compliance with
section 36 of the Arms Export Control Act (22 U.S.C.
2776) and section 2457 of title 10, United States
Code--
(i) to comply with agreements with foreign
governments requiring the United States to
purchase supplies from foreign sources for the
purposes of offsetting sales made by the United
States Government or United States firms under
approved programs serving defense requirements;
or
(ii) along with the United States
Government, to remove barriers to purchases of
supplies produced in the other country or
services performed by sources of the other
country; or
(D) any country, other than the People's Republic
of China, the Russian Federation, Iran, or the
Democratic People's Republic of Korea, that the
Secretary designates, upon a determination to be
published in the Federal Register, that accepting
covered printed circuit boards from which--
(i) is in the national security interests
of the United States; and
(ii) does not pose a significant risk to
national security systems.
(g) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Department of Defense from entering into a
contract with an entity that connects to the facilities of a third
party, for the purposes of backhaul, roaming, or interconnection
arrangements, on the basis of the third party's noncompliance with the
provisions of this section.
SEC. 809. STATEMENT OF POLICY WITH RESPECT TO SUPPLY OF STRATEGIC
MINERALS AND METALS FOR DEPARTMENT OF DEFENSE PURPOSES.
(a) Statement of Policy.--It is the policy of the United States
that the Department of Defense shall pursue the following goals:
(1) Ensure, by 2030, secure sources of supply of strategic
minerals and metals that will--
(A) fully meet the demands of the domestic defense
industrial base;
(B) eliminate the dependence of the United States
on unsecure sources of supply of strategic minerals and
metals; and
(C) ensure that the Department of Defense is not
reliant upon unsecure sources of supply for the
processing or manufacturing of any strategic mineral
and metal deemed essential to national security by the
Secretary of Defense.
(2) Provide incentives for the defense industrial base to
develop robust processing and manufacturing capabilities in the
United States to refine strategic minerals and metals for
Department of Defense purposes.
(3) Maintain secure sources of supply of strategic minerals
and metals required to maintain current military requirements
in the event that international supply chains are disrupted.
(4) Achieve the goals described in paragraphs (1) through
(3) through, among other methods--
(A) the continued and expanded use of existing
programs, such as the National Defense Stockpile
administered by the Defense Logistics Agency; and
(B) the continued use of authorities under title
III of the Defense Production Act of 1950 (50 U.S.C.
4531 et seq.).
(b) Strategic Minerals and Metals.--For purposes of this section,
strategic minerals and metals include critical minerals, as defined
pursuant to Executive Order 13817.
SEC. 810. REPORT ON STRATEGIC AND CRITICAL MINERALS AND METALS.
(a) Report Required.--Not later than June 30, 2021, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of a
study, conducted for purposes of this section, concerning strategic and
critical minerals and metals and vulnerabilities in supply chains of
such minerals and metals.
(b) Strategic and Critical Minerals and Metals.--For purposes of
this section, strategic and critical minerals and metals are minerals
and metals, including rare earth elements, that are necessary to meet
national defense and national security requirements, including supply
chain resiliency, and for the economic security of the United States.
(c) Elements.--The study required for purposes of the report under
subsection (a) shall do the following:
(1) Identify the strategic and critical minerals and metals
that are currently utilized by the Department of Defense.
(2) To the extent practicable, identify the overall annual
tonnage of each strategic or critical mineral or metal
identified pursuant to paragraph (1) that was utilized by the
Department during the 10-year period ending on December 31,
2020.
(3) Identify domestic and international sources for the
strategic and critical minerals and metals identified pursuant
to paragraph (1).
(4) Identify risks to access to the strategic and critical
minerals and metals identified pursuant to paragraph (1) from
supply chain disruptions due to geopolitical, economic, and
other vulnerabilities.
(5) Evaluate the benefits of a robust domestic supply chain
for providing strategic and critical minerals and metals to
Department manufacturing supply chains in real time.
(6) Evaluate the effects of the use of waivers by the
Department of Defense Strategic Materials Protection Board on
the domestic supply of strategic and critical minerals and
metals.
(7) Recommend policies and procedures for the Department to
ensure a capability to secure strategic and critical minerals
and metals necessary for emerging technologies such as anti-
microbial products, minerals, and metals for use in medical
equipment among other technologies.
(8) Identify improvements required to the National Defense
Stockpile in order to ensure the Department has access to the
strategic and critical minerals and metals identified pursuant
to paragraph (1).
(9) Evaluate the domestic processing and manufacturing
capacity needed to supply the Department with the strategic and
critical minerals and metals identified pursuant to paragraph
(1) in an economic and secure manner.
(10) In consultation with the United States Geological
Survey, identify domestic locations already verified to contain
large supplies of strategic and critical minerals and metals
identified pursuant to paragraph (1) with existing commercial
manufacturing interest.
(11) Address any other matter relating to strategic and
critical minerals and metals that the Secretary considers
appropriate.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 811. STABILIZATION OF SHIPBUILDING INDUSTRIAL BASE WORKFORCE.
(a) Sense of Congress.--It is the sense of Congress that the
Department of the Navy must explore and identify solutions, in
consultation with the Department of Labor, to enhance shipbuilding
workforce stability and ensure industry preparedness to construct the
355-ship fleet.
(b) Working Group to Stabilize Shipbuilding Industrial Base
Workforce.--
(1) In general.--The Secretary of the Navy shall form a
working group with the Secretary of Labor for the purpose of
enhancing integration of programs, resources, and expertise to
strengthen the shipbuilding industrial base, as well as to
provide recommendations to Congress, to better stabilize the
shipbuilding industrial base workforce and determine
appropriate solutions for workforce fluctuations.
(2) Duties.--The working group shall carry out the
following activities related to the ongoing challenges with
workforce stability:
(A) Analyze existing Department of the Navy
contracts with the shipbuilding industry and other
relevant information to better anticipate future
employment trends and tailor workforce resources and
opportunities for workers most vulnerable to upcoming
workforce fluctuations.
(B) Identify existing Department of Labor programs
for unemployed, underemployed, and furloughed employees
that could benefit the shipbuilding industrial base
workforce during times of workload fluctuations and
workforce instability, and explore potential
partnerships to connect employees with appropriate
resources.
(C) Explore possible cost sharing agreements to
enable the Department of the Navy to contribute funding
to existing Department of Labor workforce programs to
support the shipbuilding workforce.
(D) Examine possible programs that will
specifically assist furloughed employees who may
sporadically rely on unemployment benefits.
(E) Explore opportunities for unemployed,
underemployed, or furloughed employees to provide
workforce training through temporary partnerships with
States, technical schools, community colleges, and
other local workforce development opportunities.
(F) Review existing training programs for the
shipbuilding workforce to maximize relevant and
necessary training opportunities that would broaden
employee skillset during times of unemployment,
underemployment, or furlough, where applicable.
(G) Assess the possibility of shipbuilding worker
support programs to weather a period of unemployment,
underemployment, or furlough, including compensation
options, alternative employment, temporary stipends, or
other worker support opportunities.
(H) Study cross-State credentialing requirements
and identify any restrictions that inhibit the
flexibility of the shipbuilding workforce to seek
employment opportunities across State lines, and make
recommendations to streamline licensing, credentialing,
certification, and qualification requirements within
the shipbuilding industry.
(I) Review additional or new contracting
authorities that could enable the Department of the
Navy to award short-term, flexible contracts that will
prioritize work for unemployed, underemployed, or
furloughed employees within the shipbuilding workforce.
(J) Identify specific workforce support programs to
support suppliers of all sizes within the shipbuilding
industrial base, and assess any additional support from
prime contractors that would improve the stability of
such suppliers.
(K) Assess whether greater collaboration with the
United States Coast Guard and its shipbuilding
contractors and subcontractors would improve workforce
stability by assessing a totality of shipbuilding
demands.
(L) Consider potential pilot programs that will
specifically address shipbuilding industrial base
workforce stability.
(M) Explore any additional opportunities to invest
in recruiting, retaining, and training a skilled
shipbuilding workforce.
(N) Consider and incorporate the findings and
recommendations, as appropriate, of the report on
shipbuilder training and the defense industrial base
required under section 1037 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
(3) Notification requirement regarding establishment and
structure.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy, in
coordination with the Secretary of Labor, shall notify the
congressional defense committees regarding the membership and
structure of the working group.
(4) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy, in
consultation with the Secretary of Labor, shall submit to the
congressional defense committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Education and Labor of the House of Representatives a report
with the findings and recommendations of the working group.
SEC. 812. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS OTHER
THAN UNITED STATES GOODS.
Section 2534 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) through (5);
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Components for naval vessels.--
``(A) Vessel propellers with a diameter of six feet
or more.
``(B) The following components of vessels, to the
extent they are unique to marine applications:
gyrocompasses, electronic navigation chart systems,
steering controls, propulsion and machinery control
systems, and totally enclosed lifeboats.'';
(C) by redesignating paragraph (6) as paragraph
(3); and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``(k)'' and inserting
``(j)'';
(2) in subsection (b)--
(A) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(B) in paragraph (2), as redesignated by
subparagraph (A), by striking ``subsection
(a)(3)(A)(iii)'' and inserting ``subsection
(a)(2)(A)'';
(3) in subsection (c)--
(A) by striking ``Items.'' and all that follows
through ``Subsection (a) does not apply'' in paragraph
(1) and inserting ``Items.--Subsection (a) does not
apply''; and
(B) by striking paragraphs (2) though (5);
(4) in subsection (g)--
(A) by striking ``(1) This section'' and inserting
``This section''; and
(B) by striking paragraph (2);
(5) in subsection (h), by striking ``subsection (a)(3)(B)''
and inserting ``subsection (a)(2)(B)'';
(6) in subsection (i)(3), by striking ``Acquisition,
Technology, and Logistics'' and inserting ``Acquisition and
Sustainment'';
(7) by striking subsection (j); and
(8) by redesignating the first subsection designated
subsection (k) as subsection (j).
SEC. 813. USE OF DOMESTICALLY SOURCED STAR TRACKERS IN NATIONAL
SECURITY SATELLITES.
(a) In General.-- Except as provided in subsection (a), any
acquisition executive of the Department of Defense who approves a
contract for a national security satellite after October 1, 2021, shall
require any star tracker system included in the design of such national
security satellite to be domestically sourced.
(b) Exceptions.-- The application of subsection (a) may be waived
if the acquisition executive certifies in writing that--
(1) there is no available domestically sourced star tracker
system that meets the national security satellite systems
mission and design requirements;
(2) the cost of the available domestically sourced star
tracker system is unreasonably priced based on a market survey;
or
(3) an urgent and compelling national security need exists
to necessitate a foreign-made star tracker.
(c) National Security Satellite Defined.-- In this section,
``national security satellite'' is a satellite the principle purpose of
which is to support the national security needs of the United States
Government.
SEC. 814. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO
SOURCING REQUIREMENTS FOR CERTAIN ARTICLES.
Subsection (h) of section 2533a of title 10, United States Code, is
amended to read as follows:
``(h) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than $150,000. A proposed purchase
or contract for an amount greater than $150,000 may not be divided into
several purchases or contracts for lesser amounts in order to qualify
for this exception. On October 1 of each year evenly divisible by 5,
the Secretary of Defense may adjust the dollar threshold in this
subsection based on changes in the Consumer Price Index. The Secretary
shall publish notice of any such adjustment in the Federal Register,
and the new price threshold shall take effect on the date of
publication.''.
Subtitle B--Acquisition Policy and Management
SEC. 831. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS PART
OF ADAPTIVE ACQUISITION FRAMEWORK IMPLEMENTATION.
(a) Service Acquisition Executives Input.--The Service Acquisition
Executives shall report to the Secretary of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, and the Chief
Information Officer of the Department of Defense how they are
assessing, mitigating, and reporting on the following risks in
acquisition programs:
(1) Technical risks in engineering, software, manufacturing
and testing.
(2) Integration and interoperability risks, including
complications related to systems working across multiple
domains while using machine learning and artificial
intelligence capabilities to continuously change and optimize
system performance.
(3) Operations and sustainment risks, including as mediated
by access to technical data and intellectual property rights.
(4) Workforce and training risks, including consideration
of the role of contractors as part of the total workforce.
(5) Supply chain risks, including cybersecurity, foreign
control and ownership of key elements of supply chains, and the
consequences a fragile and weakening defense industrial base,
combined with barriers to industrial cooperation with allies
and partners pose for delivering systems and technologies in a
trusted and assured manner.
(b) Report to Congress.--Not later than March 31, 2021, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report including--
(1) the input received from the Service Acquisition
Executives pursuant to subsection (a); and
(2) the views of the Under Secretary with respect to the
matters described in paragraphs (1) through (5) of such
subsection.
SEC. 832. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE
ACQUISITION REFORMS.
(a) In General.--Not later than March 15, 2021, the Comptroller
General of the United States shall brief the congressional defense
committees on the implementation by the Department of Defense of
required acquisition reforms with respect to acquiring software for
weapon systems, business systems, and other activities that are part of
the defense acquisition system, with a report, or reports, to follow as
agreed upon by the committees and the Comptroller General.
(b) Elements.--The briefing and report, or reports, required under
subsection (a) shall include an assessment of the extent to which the
Department of Defense has implemented requirements related to the
following:
(1) Software acquisition studies and their implementation,
including pursuant to section 872 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
Defense Innovation Board analysis of software acquisition
regulations), section 868 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; implementation of recommendations of the final report of
the Defense Science Board Task Force on the Design and
Acquisition of Software for Defense Systems).
(2) Software acquisition activities pursuant to section
2322a of title 10, United States Code (related to consideration
of certain maters during the acquisition of noncommercial
computer software), section 875 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
pilot program for open source software), and section 800 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92, related to continuous integration and delivery of
software applications and upgrades to embedded systems).
(3) Software acquisition pilots, including the pilot
program pursuant to section 873 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
relating to the use of agile or iterative development methods
to tailor major software-intensive warfighting systems and
defense business systems) and the pilot program pursuant to
section 874 of such Act (relating to using agile best practices
for software development).
(c) Assessment of Acquisition Policy, Guidance, and Practices.--
Each report under subsection (a) should include an assessment of the
extent to which Department of Defense software acquisition policy,
guidance, and practices reflect implementation of relevant
recommendations from related studies, pilot programs, and directives
from the congressional defense committees.
(d) Modification of Requirements for Comptroller General Assessment
of Acquisition Programs and Initiatives.--Section 2229b(b)(2) of title
10, United States Code, is amended by striking ``a summary of
organizational and legislative changes and emerging assessment
methodologies since the last assessment, and a discussion of the
implications'' and inserting ``a discussion of selected organizational,
policy, and legislative changes, as determined appropriate by the
Comptroller General, and the potential implications''.
(e) Defense Acquisition System Defined.--In this section, the term
``defense acquisition system'' has the meaning given that term in
section 2545(2) of title 10, United States Code.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 841. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND
SERVICES USING GENERAL SOLICITATION COMPETITIVE
PROCEDURES.
(a) Authority.--
(1) In general.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2380c. Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures
``(a) Authority.--The Secretary of Defense may acquire innovative
commercial products and services through a competitive selection of
proposals resulting from a general solicitation and the peer review of
such proposals.
``(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures under subsection (a) shall be
considered to be use of competitive procedures for purposes of chapter
137 of this title.
``(c) Limitations.--(1) The Secretary may not enter into a contract
or agreement in excess of $100,000,000 using the authority under
subsection (a) without a written determination from the Under Secretary
of Defense for Acquisition and Sustainment or the relevant service
acquisition executive of the efficacy of the effort to meet mission
needs of the Department of Defense or the relevant military department.
``(2) Contracts or agreements entered into using the authority
under subsection (a) shall be fixed-price, including fixed-price
incentive fee contracts.
``(3) Notwithstanding section 2376(1) of this title, products and
services acquired using the authority under subsection (a) shall be
treated as commercial products and services.
``(d) Congressional Notification Required.--(1) Not later than 45
days after the award of a contract for an amount exceeding $100,000,000
using the authority in subsection (a), the Secretary of Defense shall
notify the congressional defense committees of such award.
``(2) Notice of an award under paragraph (1) shall include the
following:
``(A) Description of the innovative commercial product or
service acquired.
``(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which the
innovative commercial product or service acquired provides a
solution or a potential new capability.
``(C) Amount of the contract awarded.
``(D) Identification of contractor awarded the contract.
``(e) Innovative Defined.--. In this section, the term 'innovative'
means--
``(1) any technology, process, or method, including
research and development, that is new as of the date of
submission of a proposal; or
``(2) any application that is new as of the date of
submission of a proposal of a technology, process, or method
existing as of such date.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 140 of title 10, United States Code, is
amended by inserting after the item relating to section 2380b
the following new item:
``2380c. Authority to acquire innovative commercial products and
services using general solicitation
competitive procedures.''.
(b) Repeal of Obsolete Authority.--Section 879 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2302 note) is hereby repealed.
SEC. 842. TRUTH IN NEGOTIATIONS ACT THRESHOLD FOR DEPARTMENT OF DEFENSE
CONTRACTS.
Section 2306a(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``contract if'' and
all that follows through clause (iii) and inserting ``contract
if the price adjustment is expected to exceed $2,000,000.'';
(2) in subparagraph (C), by striking ``section and--'' and
all that follows through clause (iii) and inserting ``section
and the price of the subcontract is expected to exceed
$2,000,000.''; and
(3) in subparagraph (D), by striking ``subcontract if--''
and all that follows through clause (ii) and inserting
``subcontract if the price adjustment is expected to exceed
$2,000,000.''.
SEC. 843. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION FACTOR
FOR DEFENSE CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH
MEMBERS OF THE SELECTED RESERVE OF THE RESERVE COMPONENTS
OF THE ARMED FORCES.
Section 819 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 844. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR
ADDITIONAL PROTOTYPE UNITS.
(a) In General.--Section 2302e of title 10, United States Code, is
amended--
(1) in the heading, by striking ``advanced development''
and inserting ``development and demonstration''; and
(2) in subsection (a)(1), by striking ``provision of
advanced component development, prototype,'' and inserting
``development and demonstration''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by striking the
item relating to section 2302e and inserting the following new item:
``2302e. Contract authority for development and demonstration of
initial or additional prototype units.''.
SEC. 845. DEFINITION OF BUSINESS SYSTEM DEFICIENCIES FOR CONTRACTOR
BUSINESS SYSTEMS.
Section 893 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``significant deficiencies'' both places it
appears and inserting ``material weaknesses'';
(2) by striking ``significant deficiency'' each place it
appears and inserting ``material weakness''; and
(3) by amending paragraph (4) of subsection (g) to read as
follows:
``(4) The term `material weakness' means a deficiency, or
combination of deficiencies, in internal control over risks
related to Government contract compliance or other shortcomings
in the system, such that there is a reasonable possibility that
a material noncompliance will not be prevented, or detected and
corrected, on a timely basis. A reasonable possibility exists
when the likelihood of an event occurring is either reasonably
possible, meaning the chance of the future event occurring is
more than remote but less than likely, or is probable.''.
SEC. 846. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED
GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS.
Section 827 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is repealed.
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
SEC. 861. IMPLEMENTATION OF MODULAR OPEN SYSTEMS ARCHITECTURE
REQUIREMENTS.
(a) Requirements for Interface Delivery.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Joint All
Domain Command and Control Cross Functional Team under the
supervision of the Department of Defense Chief Information
Officer and the Joint Staff Director for Command, Control,
Communications, and Computers/Cyber, shall prescribe
regulations and issue guidance to the military services,
defense agencies and field activities, and combatant commands,
as appropriate, in order to--
(A) facilitate the Department of Defense's access
to and utilization of system, major subsystem, and
major component software-defined interfaces;
(B) fully meet the intent of chapter 144B of title
10, United States Code; and
(C) advance the Department's efforts to generate
diverse and recomposable kill chains.
(2) Elements.--The regulations and guidance required in
subsection (a)(1) shall include, at a minimum--
(A) requirements that each relevant program office
characterizes the desired modularity of the system for
which it is responsible, either, in the case of major
defense acquisition programs, in the acquisition
strategy required under section 2431a of title 10,
United States Code, or, in the case of other programs,
via other documentation, including--
(i) specification of which system, major
subsystems, and major components should be able
to execute without requiring coincident
execution of other systems, major subsystems,
and major components;
(ii) a default configuration specifying
which systems, major subsystems, and major
components should communicate with other
systems, major subsystems, and major
components; and
(iii) specification of what information
should be communicated, the method of the
communication, and the desired function of the
communication;
(B) requirements that relevant Department of
Defense contracts include mandates for the delivery of
system, major subsystem, and major component software-
defined interfaces for systems, major subsystems, and
major components deemed relevant in the acquisition
strategy or documentation referred to in subsection
(a)(2)(a), including--
(i) software-defined interface syntax and
properties, specifically governing how values
are validly passed and received between major
subsystems and components, in machine-readable
format;
(ii) a machine-readable definition of the
relationship between the delivered interface
and existing common standards or interfaces
available in the interface repository of
subsection (c), if appropriate and available,
using interface field transform technology
developed under the Defense Advanced Research
Projects Agency System of Systems Technology
Integration Tool Chain for Heterogeneous
Electronic Systems (STITCHES) program or
technology that is functionally similar; and
(iii) documentation with functional
descriptions of software-defined interfaces,
conveying semantic meaning of interface
elements, such as the function of a given
interface field;
(C) requirements that relevant program offices,
including those responsible for maintaining and
upgrading legacy systems, that have awarded contracts
that do not include the requirements specified in
subparagraph (B) of paragraph (2) nevertheless acquire
the items specified in clauses (i) through (iii) of
such subparagraph, either through contractual updates,
separate negotiations or contracts, or program
management mechanisms; and
(D) requirements that program offices deliver these
interfaces and the associated documentation to the
controlled repository established under subsection (c).
(3) Applicability of regulations and guidance.--
(A) Applicability.--The regulations and guidance
required under subsection (a)(1) shall apply, at a
minimum, to program offices responsible for the
prototyping, acquisition, or sustainment of new or
existing cyber-physical weapon systems with software-
defined interfaces, or with major subsystems or
components with software-defined interfaces, developed
or to be developed, wholly or in part with Federal
funds, including those applicable program offices using
other transaction authorities (OTA).
(B) Extension of scope.--One year after the
promulgation of the regulations and guidance required
under subsection (a)(1) for cyber-physical systems, the
Under Secretary of Defense for Acquisition and
Sustainment shall extend the regulations and guidance
to apply to purely software systems, including business
systems and cybersecurity systems. The Secretary may
make the regulations and guidance applicable, as
practicable, to program offices responsible for the
acquisition of systems and capabilities under part 12
of the Federal Acquisition Regulation and commercially
available off the-the-shelf items.
(C) Inclusion of subsystems and components.--The
major subsystems and components covered under paragraph
(2)(A) shall include all subsystems and components
covered by contract line items.
(b) Rights in Interface Software.--
(1) Regulations.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall prescribe regulations to
define the legitimate interest of the United States and of a
contractor or subcontractor in interface software. The
regulations shall be included in regulations of the Department
of Defense prescribed as part of the Defense Supplement to the
Federal Acquisition Regulation.
(2) Limitation on regulations.--The regulations prescribed
pursuant to paragraph (1) may not--
(A) impair any right of the United States or of any
contractor or subcontractor with respect to patents or
copyrights or any other right in software otherwise
established by law; or
(B) impair the right of a contractor or
subcontractor to receive from a third party a fee or
royalty for the use of software pertaining to an item
or process developed exclusively at private expense by
the contractor or subcontractor, except as otherwise
specifically provided by law.
(3) Elements.--Such regulations shall include the following
provisions:
(A) In the case of a software interface that is
developed by a contractor or subcontractor exclusively
with Federal funds (other than an item developed under
a contract or subcontract to which regulations under
section 9(j)(2) of the Small Business Act (15 U.S.C.
638(j)(2)) apply), the United States shall have the
unlimited and non-expiring right to use the software or
release or disclose the software to persons outside the
government or permit the use of the software by such
persons.
(B) In the case of a software interface that is
developed in part with Federal funds and in part at
private expense and except in any case in which the
Secretary of Defense determines that negotiation of
different rights in such software would be in the best
interest of the United States, the Government--
(i) shall have Government-purpose rights to
the software interface, and, in addition, may
release or disclose the software interface, or
authorize others to do so, if--
(I) prior to release or disclosure,
the intended recipient is subject to an
exclusive for-Government-use and non-
disclosure agreement;
(II) the intended recipient is a
Government contractor receiving access
to the interface for the performance of
a Government contract; and
(III) the intended use is for the
purpose of system, major subsystem, and
major component segregation,
interoperability, integration, or
reintegration; and
(ii) may not use, or authorize other
persons to use, interface software for
commercial purposes.
(C) In the case of a software interface that is
developed exclusively at private expense, the
Government shall negotiate with the contractor or the
subcontractor to best achieve, if practical,
Government-purpose rights to the software interface and
rights to release or disclose the software interface,
or authorize others to do so, if--
(i) prior to release or disclosure, the
intended recipient is subject to an exclusive
for-Government use and non-disclosure
agreement;
(ii) the intended recipient is a Government
contractor receiving access to the interface
for the performance of a Government contract;
and
(iii) the intended use is for the purpose
of system, major subsystem, and major component
segregation, interoperability, integration and
reintegration.
(c) Interface Repository.--
(1) Establishment.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish and maintain, at
the appropriate classification level, an interface repository
for interfaces, syntax and properties, documentation, and
communication implementations delivered pursuant to the
requirements established under subsection (a)(2)(B) and shall
provide interfaces, access to interfaces, and relevant
documentation to the military services, defense agencies and
field activities, combatant commands, and contractors, as
appropriate, to facilitate system, major subsystem, and major
component segregation and reintegration.
(2) Distribution of interfaces.--Consistent with section
2320 of title 10, United States Code, and in accordance with
subsection (b), the Under Secretary of Defense for Acquisition
and Sustainment may distribute interfaces, access to
interfaces, and relevant documentation to Government entities
and contractors. Any such protected transfer or disclosure by
the Government to a recipient is limited to only those data
necessary for segregation, interoperability, integration, or
reintegration.
(d) System of Systems Integration Technology and Experimentation.--
(1) Demonstrations and assessment.--No later than one year
after the date of the enactment of this Act, the Joint Staff
Director for Command, Control, Communications, and Computers/
Cyber and Department of Defense Chief Information Officer,
through the Joint All Domain Command and Control Cross
Functional Team, shall conduct demonstrations and complete an
assessment of the technologies developed under the Defense
Advanced Research Projects Agency's System of Systems
Integration Technology and Experimentation program, including
the STITCHES technology, and their applicability to the Joint
All-Domain Command and Control architecture. The demonstrations
and assessment shall include--
(A) at least three demonstrations of the use of the
STITCHES technology to create, under constrained
schedules and budgets, novel kill chains involving
previously incompatible weapon systems, sensors, and
command, control, and communication systems from
multiple military services in cooperation with United
States Indo-Pacific Command or United States European
Command;
(B) an evaluation as to whether the communications
enabled via the STITCHES technology are sufficient for
military missions and whether the technology results in
any substantial performance loss in communication
between systems, major subsystems, and major
components;
(C) an evaluation as to whether the STITCHES
technology obviates the need to develop, impose, and
maintain strict adherence to common communication and
interface standards for Department of Defense systems;
(D) the appropriate roles and responsibilities of
the Department of Defense Chief Information Officer,
the Under Secretary of Defense for Acquisition and
Sustainment, the geographic combatant commands, the
military services, the Defense Advanced Research
Projects Agency, and the defense industrial base in
using and maintaining the STITCHES technology to
generate diverse and recomposable kill chains as part
of the Joint All-Domain Command and Control
architecture; and
(E) coordination with the program manager for the
Time Sensitive Targeting Defeat program under the Under
Secretary of Defense for Research and Engineering and
the Under Secretary of Defense for Intelligence.
(2) Chief information officer assessment.--The Department
of Defense Chief Information Officer shall assess the
technologies developed under the Defense Advanced Research
Projects Agency's System of Systems Integration Technology and
Experimentation program, including the STITCHES interface field
transform technology, and their applicability to the
Department's business systems and cybersecurity tools. This
assessment shall include--
(A) at least two demonstrations of the use of the
STITCHES technology in enabling communication between
business systems;
(B) in coordination with the Cross Functional Team
under the Principal Cyber Adviser and the Integrated
Adaptive Cyber Defense program office of the National
Security Agency, at least two demonstrations of the use
of the STITCHES technology in enabling communication
between and orchestration of previously incompatible
cybersecurity tools; and
(C) an evaluation as to how the STITCHES technology
could be used in concert with or instead of existing
cybersecurity standards, frameworks, and technologies
designed to enable communication across cybersecurity
tools.
(3) Sustainment of stitches engineering resources and
capabilities developed by darpa.--To conduct the demonstrations
and assessments required under this subsection and to execute
the Joint All Domain Command and Control program, the Joint All
Domain Command and Control program office shall sustain the
STITCHES engineering resources and capabilities developed by
the Defense Advanced Research Projects Agency.
(e) Transfer of Responsibility for STITCHES.--One year after the
date of enactment of this Act, the Secretary of Defense may transfer
responsibility for maintaining the STITCHES engineering capabilities to
a different organization.
(f) Definitions.--In this section:
(1) Desired modularity.--The term ``desired modularity''
means the desired degree to which systems, major constitutive
subsystems and components within a system, and major subsystems
and components across subsystems can function as modules that
can communicate across component boundaries and through
interfaces and can be separated and recombined to achieve
various effects, missions, or capabilities.
(2) Machine-readable format.--The term ``machine-readable
format'' means a format that can be easily processed by a
computer without human intervention.
SEC. 862. SUSTAINMENT REVIEWS.
(a) Annual Sustainment Reviews.--Section 2441(a) of title 10,
United States Code, is amended by inserting ``annually thereafter''
before ``throughout the life cycle of the weapon system''.
(b) Submission to Congress of Sustainment Reviews.--Section 2441 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Submission to Congress of Sustainment Reviews.--(1) The
Secretary of each military department shall submit no fewer than ten
sustainment reviews required by this section to the congressional
defense committees annually. The Secretary of each military department
shall select the ten reviews from among the systems with the highest
independent cost estimates for the remainder of the life cycle of the
program.
``(2) The Secretary shall submit the reviews required under
paragraph (1) to the congressional defense committees annually not
later than 30 days after submission of the President's annual budget
request to Congress under section 1105 of title 31. The sustainment
reviews shall be posted on a publicly available website maintained by
the Director of the Cost Assessment and Program Evaluation office and,
for those systems with operating and support cost growth, shall include
comments from the military departments regarding actions being taken to
reduce the operating and support costs. The reviews may include
classified appendices, as appropriate.''.
(c) Comptroller General Study.--Not later than 180 days after the
Secretaries of the military departments post the initial sustainment
reviews required under paragraph (1) of subsection (d) of section 2441
of title 10, United States Code (as added by subsection (b) of this
section) on a publicly available website as required under paragraph
(2) of such subsection (d), the Comptroller General of the United
States shall assess steps the military departments are taking to
quantify and address operating and support cost growth. The assessment
shall include--
(1) an evaluation of--
(A) the causes of operating and support cost growth
for selected systems covered by the sustainment
reviews, as well as any other systems the Comptroller
General determines appropriate;
(B) the extent to which the Department has
mitigated operating and support cost growth of these
systems; and
(C) any other issues related to potential operating
and support cost growth the Comptroller General
determines appropriate; and
(2) any recommendations of the Comptroller General,
including steps the military departments could take to reduce
operating and support cost growth for fielded weapon systems,
as well as lessons learned to be incorporated in future weapon
system acquisitions.
SEC. 863. RECOMMENDATIONS FOR FUTURE DIRECT SELECTIONS.
The Secretary of each military department shall provide to the
congressional defense committees in the future-years defense program
submitted under section 221 of title 10, United States Code, for fiscal
year 2022 a list of at least one acquisition program for which it would
be appropriate to have a large number of users provide direct
assessment of the outcome of a competitive contract award.
SEC. 864. DISCLOSURES FOR CERTAIN SHIPBUILDING MAJOR DEFENSE
ACQUISITION PROGRAM OFFERS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339c. Disclosures for certain shipbuilding major defense
acquisition program offers
``(a) General.--Any covered offeror seeking to be awarded a
shipbuilding construction contract as part of a major defense
acquisition program with funds from the Shipbuilding and Conversion,
Navy account shall disclose with its offer and any subsequent offer
revisions, including the final proposal revision offer, whether any
part of the offeror's planned contract performance will or is expected
to include foreign government subsidized performance, financing,
financial guarantees, or tax concessions.
``(b) Disclosure.--An offeror shall make a disclosure required
under subsection (a) in a format prescribed by the Secretary of the
Navy and shall include therein a specific description of the extent to
which the offeror's planned contract performance will include, with or
without contingencies, any foreign government subsidized performance,
financing, financial guarantees, or tax concessions.
``(c) Congressional Notification.--Not later than 5 days after
awarding a contract described under subsection (a) to an offeror that
made a disclosure under subsection (b), the Secretary of the Navy shall
notify the congressional defense committees and summarize such
disclosure.
``(d) Definitions.--In this section:
``(1) Covered offeror.--The term `covered offeror' means
any offeror that currently requires or may reasonably be
expected to require during the period of contract performance a
method to mitigate or negate foreign ownership under subsection
(f)(6) of part 2004.34 of title 32, Code of Federal
Regulations.
``(2) Foreign government subsidized performance.--The term
`foreign government subsidized performance' means any financial
support, materiel, services, or guarantees of support,
services, supply, performance, or intellectual property
concessions, that may be provided to or for the offeror or the
offeror's Department of Defense customer by a foreign
government or entity effectively owned or controlled by a
foreign government, which may have the effect of supplementing,
supplying, servicing, or reducing the cost or price of an end
item, or supporting, financing in whole or in part, or
guaranteeing contract performance by the offeror.
``(3) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given the term in
section 2430 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by inserting
after the item relating to section 2339b the following new item:
``2339c. Disclosures for certain shipbuilding major defense acquisition
program offers.''.
Subtitle E--Small Business Matters
SEC. 871. PROMPT PAYMENT OF CONTRACTORS.
Section 2307(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``if a specific
payment date is not established by contract''; and
(2) in subparagraph (B), by striking ``if--'' and all that
follows through ``the prime contractor agrees'' in clause (ii)
and inserting ``if the prime contractor agrees or proposes''.
SEC. 872. EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR
INNOVATIVE TECHNOLOGY PROGRAMS.
Section 873(f) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2306a) is amended by striking
``2020'' and inserting ``2023''.
SEC. 873. REPORTING REQUIREMENTS.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is
amended--
(1) in paragraph (7)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(H) with respect to a Federal agency to which
subsection (f)(1) or (n)(1) applies, whether the
Federal agency has satisfied the requirement under each
applicable subsection for the year covered by the
report;'';
(2) in paragraph (9), by striking ``and'' at the end;
(3) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(11) with respect to a Federal agency to which subsection
(f)(1) or (n)(1) applies and that the Administration determines
has not satisfied the requirement under either applicable
subsection, require the head of that Federal agency to submit
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report regarding why the Federal agency has
not satisfied the requirement.''.
Subtitle F--Provisions Related to Software-Driven Capabilities
SEC. 881. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF
ACQUISITION FUNCTIONS.
(a) Inclusion of Software.--Section 1706(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(14) Program lead software.''.
(b) Technical Amendments.--Section 1706 of such title is further
amended--
(1) in subsection (a), by striking ``for each major defense
acquisition program and each major automated information system
program'' and inserting ``for each acquisition program''; and
(2) by striking subsection (c).
SEC. 882. BALANCING SECURITY AND INNOVATION IN SOFTWARE DEVELOPMENT AND
ACQUISITION.
(a) Requirements for Solicitations of Commercial and Developmental
Solutions.--The Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Chief Information Officer of the
Department of Defense, shall develop requirements for inclusion in
solicitations for both commercial and developmental solutions, and for
the evaluation of bids, of appropriate software security criteria,
including--
(1) delineation of what processes were or will be used for
a secure software development lifecycle, including management
of supply chain and third-party software sources and component
risks; and
(2) an associated vulnerability management plan or tools.
(b) Security Review of Code.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Chief Information
Officer of the Department of Defense, shall develop processes for
security review of code for the purpose of publication and other
procedures necessary to fully implement the pilot program required
under section 875 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2223 note).
(c) Coordination With Software Acquisition Pathway Efforts.--The
requirements and procedures required under subsections (a) and (b)
shall be developed in conjunction with the Department of Defense's
efforts to incorporate input and finalize the procedures described in
the Interim Procedures for Operation of the Software Acquisition
Pathway.
SEC. 883. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY
ACQUISITION AND LICENSING.
(a) In General.--Not later than October 1, 2021, the Comptroller
General of the United States shall submit to the congressional defense
committees a report evaluating the implementation of the Department of
Defense's Instruction on Intellectual Property Acquisition and
Licensing (DODI 5010.44), established under section 2322 of title 10,
United States Code.
(b) Elements.--The report required under subsection (a) shall
assess the following:
(1) The extent to which the Department of Defense is
fulfilling the core principles established in DODI 5010.44.
(2) The extent to which the Defense Acquisition University,
Department of Defense components, and program offices are
carrying out their responsibilities under DODI 5010.44.
(3) The progress of the Department in establishing an IP
Cadre, including the extent to which such experts are executing
their roles and responsibilities.
(4) The performance of the Department in assessing and
demonstrating the implementation of DODI 5010.44, including the
effectiveness of the IP Cadre;
(5) The effect implementation of DODI 5010.44 has had on
particular acquisitions;
(6) Any other matters the Comptroller General determines
appropriate.
SEC. 884. PILOT PROGRAM EXPLORING THE USE OF CONSUMPTION-BASED
SOLUTIONS TO ADDRESS SOFTWARE-INTENSIVE WARFIGHTING
CAPABILITY.
(a) Finding.--In its final report, the Section 809 Panel
recommended the adoption of consumption-based approaches at the
Department of Defense, stating, ``More things will be sold as a service
in the future. XaaS could really mean everything in the context of the
Internet of things (IoT). Consumption-based solutions are appearing in
many industry sectors, from last mile transportation (e.g., bike shares
and electric scooters) to agriculture (e.g., tractor-as-a-service for
farmers in developing countries). Most smart phone users are familiar
with software updates that provide bug fixes or new features. A more
extreme example of technology innovation enabled by the IoT is the
ability to deliver physical performance improvements to vehicles
through over-the-air software updates. . . In the not-so-distant
future, cloud computing and the IoT will enable consumption-based
solution offerings and delivery models that are hard to imagine
today.''
(b) Sense of Congress.--It is the sense of Congress--
(1) that the Department of Defense should take advantage of
``as-a-service'' or ``aaS'' approaches in commercial capability
development, particularly where the capability is software-
defined, and cloud-enabled;
(2) to support the Department of Defense's commitment to
new approaches to development and acquisition of software;
(3) that the Department should explore a variety of
approaches, to include the use of consumption-based solutions
for software-intensive warfighting capability; and
(4) that, in conducting activities under the pilot program
established under this program, the Department should use the
Software pathway under the new Adaptive Acquisition Framework.
(c) In General.--Subject to the availability of appropriations, the
Secretary of Defense is authorized to establish a pilot program to
explore the use of consumption-based solutions to address software-
intensive warfighting capability.
(d) Selection of Initiatives.--The Secretary of each military
department and the commander of each combatant command with acquisition
authority shall propose for selection by the Secretary of Defense for
the pilot program at least one and not more than three initiatives that
are well-suited to explore consumption-based solutions to address
software-intensive warfighting capability. The initiatives may be new
or existing programs of record and shall focus on software-defined or
machine-enabled warfighting applications, and may include applications
that--
(1) rapidly analyze sensor data;
(2) secure warfighter networks, including multi-level
security;
(3) swiftly transport information across various networks
and network modalities; or
(4) otherwise enable joint all-domain operational concepts,
including in a contested environment.
(e) Contract Requirements.--Contracts for consumption-based
solutions entered into pursuant to the pilot program shall provide
for--
(1) the solution to be measurable on a frequent interval
customary for the type of solution;
(2) the contractor to notify the government when
consumption reaches 75 percent and 90 percent of the contract
funded amount; and
(3) discretion for the contracting officer to add new
features or capabilities without additional competition for the
contract, provided that the amount of the new features or
capabilities does not exceed 25 percent of the total contract
value.
(f) Duration of Initiatives.--Each initiative carried out under the
pilot program shall be carried out during the three-year period
following selection of the initiative.
(g) Monitoring and Evaluation of Pilot Program.--The Director of
the Office of Cost Assessment and Program Evaluation shall establish
continuous monitoring to evaluate the pilot program established under
subsection (c), including collecting data on cost, schedule, and
performance from the program office, the user community, and the
contractors.
(h) Reports.--
(1) Initial report.--Not later than January 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on initiatives selected for the pilot
program, roles and responsibilities for implementing the pilot
program, and the monitoring and evaluation approach for the
pilot.
(2) Progress report.--Not later than April 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the initiatives.
(3) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
cost, schedule, and performance outcomes of the initiatives.
The report shall also include lessons learned about the use of
consumption-based solutions for software-intensive capabilities
and any recommendations for statutory or regulatory changes to
facilitate their use.
(i) Consumption-based Solution Defined.--In this section, the term
``consumption-based solution'' means any combination of software,
hardware or equipment, and labor or services that provides a seamless
capability that is metered and billed based on actual usage and
predetermined pricing per resource unit, and includes the ability to
rapidly scale capacity up or down.
Subtitle G--Other Matters
SEC. 891. SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES INTELLECTUAL
PROPERTY, TECHNOLOGY, AND OTHER DATA AND INFORMATION.
(a) In General.--The Secretary of Defense shall establish, enforce,
and track actions being taken to protect defense-sensitive United
States intellectual property, technology, and other data and
information, including hardware and software, from acquisition by the
Government of the People's Republic of China.
(b) List of Critical Technology.--The Secretary of Defense shall
establish and maintain a list of critical national security technology.
(c) Restrictions on Employment of Defense Industrial Base Employees
With Chinese Companies.--The Secretary of Defense shall provide for
mechanisms to restrict employees or former employees of the defense
industrial base that contribute to the technology referenced in
subsection (b) from working directly for companies wholly owned by, or
under the direction of, the Government of the Peoples Republic of
China.
(d) Reports.--
(1) Department of defense report.--Not later than May 1,
2021, the Secretary of Defense shall submit to the
congressional defense committees a report on progress in
implementing the measures described in subsections (a) through
(c).
(2) Comptroller general report.-- Not later than December
1, 2021, the Comptroller General of the United States shall
submit to the congressional defense committees a report
reviewing the report submitted under paragraph (1) and
providing an assessment of the effectiveness of the measures
implemented under this section.
(3) Form.--The reports required under this subsection shall
be submitted in unclassified form but may contain classified
annexes.
SEC. 892. DOMESTIC COMPARATIVE TESTING ACTIVITIES.
Section 2350a(g)(1)(A) of title 10, United States Code, is amended
by inserting ``and conventional defense equipment, munitions, and
technologies manufactured and developed domestically'' after ``in
subsection (a)(2)''.
SEC. 893. REPEAL OF APPRENTICESHIP PROGRAM.
(a) In General.--Section 2870 of title 10, United States Code, as
added by section 865 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is repealed.
(b) Conforming Amendments.--
(1) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10, United
States Code, is amended by striking the item relating to
section 2870.
(2) Obsolete provision.--Section 865 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) is repealed.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW
INTENSITY CONFLICT AND RELATED MATTERS.
(a) In General.--
(1) Clarification of chain of administrative command.--
Section 138(b)(2) of title 10, United States Code, is amended--
(A) by redesignating clauses (i), (ii), and (iii)
of subparagraph (B) as subclauses (I), (II), and (III),
respectively;
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(C) by inserting ``(A)'' after ``(2)'';
(D) in clause (i) of subparagraph (A), as
redesignated by this paragraph, by inserting before the
period at the end the following: ``through the
administrative chain of command specified in section
167(f) of this title;'' and
(E) by adding at the end the following new
subparagraph:
``(B) In the discharge of the responsibilities specified in
subparagraph (A)(i), the Assistant Secretary is immediately subordinate
to the Secretary of Defense and the Deputy Secretary of Defense. No
officer below the Secretary or the Deputy Secretary may intervene to
exercise authority, direction, or control over the Assistant Secretary
in the discharge of such responsibilities.''.
(2) Technical amendment.--Subparagraph (A) of such section,
as redesignated by paragraph (2), is further amended in the
matter preceding clause (i), as so redesignated, by striking
``section 167(j)'' and inserting ``section 167(k)''.
(b) Fulfillment of Special Operations Responsibilities.--
(1) In general.--Section 139b of title 10, United States
Code, is amended to read as follows:
``Sec. 139b. Secretariat for Special Operations; Special Operations
Policy and Oversight Council
``(a) Secretariat for Special Operations.--
``(1) In general.--In order to fulfill the responsibilities
of the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict specified in section 138(b)(2)(A)(i)
of this title, there shall be within the Office of the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict an office to be known as the `Secretariat
for Special Operations'.
``(2) Purpose.--The purpose of the Secretariat is to assist
the Assistant Secretary in exercising authority, direction, and
control with respect to the special operations-peculiar
administration and support of the special operations command,
including the readiness and organization of special operations
forces, resources and equipment, and civilian personnel as
specified in such section.
``(3) Director.--The Director of the Secretariat for
Special Operations shall be appointed by the Secretary of
Defense from among individuals qualified to serve as the
Director. The Director shall have a grade of Deputy Assistant
Secretary of Defense.
``(4) Administrative chain of command.--For purposes of the
support of the Secretariat for the Assistant Secretary in the
fulfillment of the responsibilities referred to in paragraph
(1), the administrative chain of command is as specified in
section 167(f) of this title. No officer below the Secretary of
Defense or the Deputy Secretary of Defense (other than the
Assistant Secretary) may intervene to exercise authority,
direction, or control over the Secretariat in its support of
the Assistant Secretary in the discharge of such
responsibilities.
``(b) Special Operations Policy and Oversight Council.--
``(1) In general.--In order to fulfill the responsibilities
specified in section 138(b)(2)(A)(i) of this title, there shall
also be within the Office of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict a team known
as the `Special Operation Policy and Oversight Council'. The
team is lead by the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict, or the Assistant
Secretary's designee..
``(2) Purpose.--The purpose of the Council is to integrate
the functional activities of the headquarters of the Department
of Defense in order to most efficiently and effectively provide
for special operations forces and capabilities. In fulfilling
this purpose, the Council shall develop and continuously
improve policy, joint processes, and procedures that facilitate
the development, acquisition, integration, employment, and
sustainment of special operations forces and capabilities.
``(3) Membership.--The Council shall include the following:
``(A) The Assistant Secretary, who shall act as
leader of the Council.
``(B) Appropriate senior representatives of each of
the following:
``(i) The Under Secretary of Defense for
Research and Engineering.
``(ii) The Under Secretary of Defense for
Management and Support.
``(iii) The Under Secretary of Defense
(Comptroller).
``(iv) The Under Secretary of Defense for
Personnel and Readiness.
``(v) The Under Secretary of Defense for
Intelligence.
``(vi) The General Counsel of the
Department of Defense.
``(vii) The other Assistant Secretaries of
Defense under the Under Secretary of Defense
for Policy.
``(viii) The military departments.
``(ix) The Joint Staff.
``(x) The United States Special Operations
Command.
``(xi) Such other officials or Agencies,
elements, or components of the Department of
Defense as the Secretary of Defense considers
appropriate.
``(4) Operation.--The Council shall operate
continuously.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking the
item relating to section 139b and inserting the following new
item:
``139b. Secretariat for Special Operations; Special Operations Policy
and Oversight Council.''.
(c) DoD Directive on Responsibilities of ASD SOLIC.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
publish a Department of Defense directive establishing policy
and procedures related to the exercise of authority, direction,
and control of all special-operations peculiar administrative
matters relating to the organization, training, and equipping
of special operations forces by the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict as
specified by section 138(b)(2)(A)(i) of title 10, United States
Code, as amended by subsection (a)(1).
(2) Matters for including.--The directive required by
paragraph (1) shall include the following:
(A) A specification of responsibilities for
coordination on matters affecting the organization,
training, and equipping of special operations forces.
(B) An identification and specification of updates
to applicable documents and instructions of the
Department of Defense.
(C) Mechanisms to ensure the inclusion of the
Assistant Secretary in all Departmental governance
forums affecting the organization, training, and
equipping of special operations forces.
(D) Such other matters as the Secretary considers
appropriate.
(3) Applicability.-- The directive required by paragraph
(1) shall apply throughout the Department of Defense to all
components of the Department of Defense.
(4) Limitation on availability of certain funding pending
publication.--Of the amounts authorized to be appropriated by
this Act for fiscal year 2021 for operation and maintenance,
Defense-wide, and available for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or expended
until the date that is 15 days after the date on which the
Secretary publishes the directive required by paragraph (1).
SEC. 902. REDESIGNATION AND CODIFICATION IN LAW OF OFFICE OF ECONOMIC
ADJUSTMENT.
(a) Redesignation.--
(1) In general.--The Office of Economic Adjustment in the
Office of the Secretary of Defense is hereby redesignated as
the ``Office of Local Defense Community Cooperation''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
office referred to in paragraph (1) shall be deemed to be a
reference to the ``Office of Local Defense Community
Cooperation''.
(b) Codification in Law.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 146. Office of Local Defense Community Cooperation
``(a) In General.--There is an Office of Local Defense Community
Cooperation in the Office of the Under Secretary of Defense for
Acquisition and Sustainment.
``(b) Director.--The Office shall be headed by the Director of the
Office of Local Defense Community Cooperation, who shall be assigned to
such position by the Under Secretary from among civilian employees of
the Department of Defense who are qualified to serve in the position.
``(c) Functions.--Subject to the authority, direction, and control
of the Under Secretary, the Office shall--
``(1) in cooperation with the other components, of the
Department of Defense be the primary office within the
Department for the provision of assistance to States, counties,
municipalities, regions, and communities intended to--
``(A) foster greater cooperation with military
installations in order to enhance the military mission,
achieve facility and infrastructure savings and reduced
operating costs, address encroachment and compatible
land use issues, support military families, and
increase military, civilian, and industrial readiness
and resiliency; and
``(B) address impacts caused by changes in defense
programs, including basing decisions, defense industry
expansions or contractions, increases or reductions in
Federal civilian or contractor personnel, and
expansions, realignments, and closures of military
installations;
``(2) provide support to the Economic Adjustment Committee
within the Executive Office of the President, or any successor
interagency coordination body; and
``(3) perform such other functions as the Secretary of
Defense may prescribe.
``(d) Annual Report to Congress.--Not later than June 1 each year,
the Director of the Office of Local Defense Community Cooperation shall
submit to the congressional defense committees a report on the
activities of the Office during the preceding year, including the
assistance provided pursuant to subsection (c)(1) during such year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by adding at
the end the following new item:
``146. Office of Local Defense Community Cooperation.''.
SEC. 903. MODERNIZATION OF PROCESS USED BY THE DEPARTMENT OF DEFENSE TO
IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Analysis Required.--The Assistant Secretary of Defense for
Legislative Affairs shall conduct an analysis of the process used by
the Department of Defense to identify reports to Congress required by
annual national defense authorization Acts, assign responsibility for
preparation of such reports, and manage the completion and delivery of
such reports to Congress for the purpose of identifying mechanisms to
optimize and otherwise modernize the process.
(b) Consultation.--The Assistant Secretary shall conduct the
analysis required by subsection (a) with the assistance of and in
consultation with the Chief Data Officer of the Department of Defense
and the Director of the Defense Digital Service.
(c) Elements.--The analysis required by subsection (a) shall
include the following:
(1) A business process reengineering of the process
described in subsection (a).
(2) An assessment of applicable commercially available
analytics tools, technologies, and services in connection with
such business process reengineering.
(3) Such other actions as the Assistant Secretary considers
appropriate for purposes of the analysis.
(d) Briefing.--Not later than November 15, 2020, the Assistant
Secretary shall brief the congressional defense committees on the
results of the analysis required by subsection (a). The briefing shall
address the following:
(1) The results of the analysis and of the business process
reengineering described in subsection (c)(1).
(2) A description of the actions being taken, and to be
taken, to optimize and otherwise improve the process described
in subsection (a).
(3) Such recommendations for administrative and legislative
action as the Assistant Secretary considers appropriate to
facilitate the optimization and improvement of the process
described in subsection (a) as a result of the analysis and the
business process reengineering.
(4) Such other matters as the Assistant Secretary considers
appropriate in connection with the analysis, the business
process reengineering and the optimization and improvement of
the process described in subsection (a).
SEC. 904. INCLUSION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS AN
ADVISOR TO THE JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section 181(d)(3) of title 10, United States Code, is amended--
(1) in the heading, by inserting ``and vice chief of the
national guard bureau'' after ``of staff'';
(2) by striking ``of the Chiefs of Staff'' and inserting
``of--
``(A) the Chiefs of Staff'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following new subparagraph:
``(B) the Vice Chief of the National Guard Bureau
when matters involving non-Federalized National Guard
capabilities in support of homeland defense or civil
support missions are under consideration by the
Council.''.
SEC. 905. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE
OFFICE OF THE SECRETARY OF DEFENSE.
The Assistant Secretary of Defense for International Security
Affairs shall assign responsibility for the Arctic region to the Deputy
Assistant Secretary of Defense for the Western Hemisphere or any other
Deputy Assistant Secretary of Defense the Secretary of Defense
considers appropriate.
Subtitle B--Department of Defense Management Reform
SEC. 911. TERMINATION OF POSITION OF CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) Termination.--
(1) In general.--The position of Chief Management Officer
of the Department of Defense is terminated, effective on the
date specified by the Secretary of Defense, which date may not
be later than September 30, 2022.
(2) Notice.--The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a notice on the effective date specified
pursuant to paragraph (1).
(b) Conforming Repeal of Establishing Authority.--
(1) In general.--Section 132a of title 10, United States
Code, is repealed.
(2) Table of sections.--The table of sections at the
beginning of chapter 4 of such title is amended by striking the
item relating to section 132a.
(3) Effective date.--The amendments made by this subsection
shall take effect on the effective date specified pursuant to
subsection (a)(1).
SEC. 912. REPORT ON ASSIGNMENT OF RESPONSIBILITIES, DUTIES, AND
AUTHORITIES OF CHIEF MANAGEMENT OFFICER TO OTHER OFFICERS
OR EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Report.--Not later than 45 days before the effective date
specified pursuant to section 911(a)(1), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth the following:
(1) The position and title of each officer or employee of
the Department of Defense, and the component of such officer or
employee, in whom the Secretary will vest responsibility and
authority to perform responsibilities and duties, and exercise
authorities, assigned to the Chief Management Officer of the
Department of Defense, whether by statute or by directive,
instruction, policy, or practice of the Department of Defense,
on the termination of the position of Chief Management Officer
under section 911.
(2) A description of the responsibilities, duties, and
authorities, if any, assigned to the Chief Management Officer
by statute that the Secretary recommends for discontinuation or
modification, and a justification for such recommendation.
(3) A description of the responsibilities, duties, and
authorities, if any, assigned to the Chief Management Officer
by directive, instruction, policy, or practice of the
Department that the Secretary recommends for discontinuation or
modification, and a justification for such recommendation.
(4) A description of the general process and timeline for
the effective transfer of each responsibility, duty, and
authority assigned to the Chief Management Officer by statute
or by policy, instruction, or practice of the Department to the
officer or employee in whom such responsibility, duty, and
authority will be vested as described in paragraph (1).
(5) A description of the manner and timeline in which the
resources of the Chief Management Officer, including funding
and human capital, will be realigned or repurposed to other
organizations in the Office of the Secretary of Defense or to
other components of the Department.
(6) A description of the general process and timeline for
the assignment of responsibility of each issue under the
jurisdiction of the Chief Management Officer current identified
by the Comptroller General of the United States as ``high
risk'' to an officer or employee in the Department who is
specifically charged by the Secretary to initiate and sustain
progress toward resolution of such issue.
(7) Such recommendations (including recommendations for
legislative action) as the Secretary considers appropriate for
additional authorities and resources (including funding and
human capital resources) necessary to ensure that each officer
or employee, in whom the Secretary vests responsibility and
authority as described in paragraph (1) is capable of
exercising such responsibility and authority effectively.
(8) Such other matters in connection with the termination
of the position of Chief Management Officer, and the transition
of the responsibilities, duties, and authorities of the Chief
Management Officer in connection with such termination, as the
Secretary considers appropriate.
(b) Vesting of Certain Responsibilities, Duties, and Authorities in
Particular Officers.--In setting forth matters under paragraph (1) of
subsection (a), the report required by that subsection shall address,
in particular, the following:
(1) Vesting of responsibilities, duties, and authorities of
the Chief Management Officer in the Deputy Secretary of Defense
in the Deputy Secretary's capacity as the Chief Operating
Officer of the Department of Defense for purposes of functions
specified in section 1123 of title 31, United States Code.
(2) Vesting of responsibilities, duties, and authorities of
the Chief Management Officer in the Performance Improvement
Officer of the Department of Defense under section 142a of
title 10, United States Code (as added by section 913 of this
Act), for purposes of functions specified in section 1124 of
title 31, United States Code.
(c) Other Responsibilities, Duties and Authorities.--In addition to
any other responsibilities, duties, and authorities of the Chief
Management Officer, the report required by subsection (a) shall
specifically address responsibilities, duties, and authorities of the
Chief Management Officer with respect to the following:
(1) Establishment of policies for, and the direction and
management of, enterprise business operations and shared
business services of the Department, as set forth in section
132a(b) of title 10, United States Code, and section 921(b) of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2222 note).
(2) Exercise of authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities for
shared business services and budget review, assessment,
certification, and reporting, as set forth in subsections (b)
and (c) of section 132a of title 10, United States Code, and
section 192 of that title.
(3) Minimization of duplication of efforts, maximization of
efficiency and effectiveness, and establishment of metrics for
performance among and for all components of the Department, as
set forth in section 132a(b) of title 10, United States Code.
(4) Issuance and maintenance of guidance on covered defense
business systems, development and maintenance of the defense
business enterprise architecture, exercise of authorities and
responsibilities with respect to common enterprise data,
leadership of and matters within the Defense Business Council,
and service as the appropriate approval official in the case of
certain covered defense business systems and programs, as set
forth in section 2222 of title 10, United States Code.
(5) The Financial Improvement and Audit Remediation Plan,
as set forth in section 240b of title 10, United States Code.
(6) Receipt of audit reports, as set forth in section 240d
of title 10, United States Code.
(7) Discharge by the Department of the annual reviews
required by section 11319 of title 40, United States Code.
(8) Business transformation efforts of the defense
commissary system and the exchange stores system, as set forth
in section 631 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
(9) Analysis of Department business management and
operations datasets, as set forth in section 922 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 2222 note).
(10) Reviews, reports, and other actions required by
sections 924, 925, 926, 927, and 1624 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, to the
extent such reviews, reports, and actions have not been
completed as of the date of the report under subsection (a).
(11) Science and technology activities in support of
business systems information technology acquisition as set
forth in section 217 of the National Defense Authorization Act
for Fiscal Year 2016 (10 U.S.C. 2445a note).
(12) Relationships with the Chief Management Officers of
the military departments, and the development and update of a
strategic management plan for the Department, as set forth in
section 904 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) and the amendments made
by that section.
SEC. 913. PERFORMANCE IMPROVEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Performance Improvement Officer.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by inserting after section 142 the following new
section:
``Sec. 142a. Performance Improvement Officer of the Department of
Defense
``(a) There is an Performance Improvement Officer of the Department
of Defense, who is designated as provided in section 1124(a)(1) of
title 31.
``(b) The Performance Improvement Officer shall--
``(1) perform the duties and responsibilities, and exercise
the powers set forth in section 1124 of title 31; and
``(2) perform such additional duties and responsibilities,
and exercise such other powers, as the Secretary of Defense and
the Deputy Secretary of Defense may prescribe.
``(c) Subject to the authority, direction, and control of the
Secretary of Defense, the Performance Improvement Officer reports,
without intervening authority, directly to the Deputy Secretary of
Defense, in the Deputy Secretary's role as the Chief Operating Officer
of the Department of Defense under section 1123 of title 31.
``(d) The Performance Improvement Officer may communicate views on
matters within the responsibility of the Officer directly to the Deputy
Secretary of Defense, without obtaining the approval or concurrence of
any other officer in the Department of Defense.''.
(2) Clerical amendment.--The table of section at the
beginning of chapter 4 of such title is amended by inserting
after the item relating to section 142 the following new item:
``142a. Performance Improvement Officer of the Department of
Defense.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on such date as the Secretary of Defense
shall specify for purposes of this section, which date may not
be later than one day before the effective date specified by
the Secretary pursuant to section 911(a)(1).
(2) Notice.--The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a notice on the effective date specified
pursuant to paragraph (1).
SEC. 914. ASSIGNMENT OF CERTAIN RESPONSIBILITIES AND DUTIES TO
PARTICULAR OFFICERS OF THE DEPARTMENT OF DEFENSE.
(a) Certain Responsibilities and Duties of Deputy Secretary of
Defense.--
(1) Chief operating officer of the department of defense.--
Section 132 of title 10, United States Code, is amended--
(A) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) In accordance with section 1123 of title 31, the Deputy
Secretary performs the duties, has the responsibilities, and exercises
the powers of the Chief Operating Officer of the Department of Defense.
``(2) Subject to the authority, direction, and control of the
Secretary of Defense, the Deputy Secretary shall supervise the
Performance Improvement Officer of the Department of Defense in the
Officer's performance of duties and responsibilities specified in
section 142a of this title.''.
(2) Designation of priority defense business systems.--
Section 2222(h)(5)(B) of such title is amended by striking
``the Chief Management Officer of the Department of Defense''
and inserting ``the Deputy Secretary of Defense, or such other
officer of the Department of Defense as the Secretary or the
Deputy Secretary may designate,''.
(b) Periodic Reviews of Defense Agencies and Department of Defense
Field Activities in Connection With Business Enterprise Reform.--
Section 192(c) of such title is amended--
(1) by redesignating paragraph (3), as redesignated by
section 923(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1930), as paragraph (4);
(2) by redesignating paragraphs (1) and (2), as added by
section 923(a)(2) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, as paragraphs (2) and
(3), respectively;
(3) in paragraph (2), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (A), by striking ``the Chief
Management Officer of the Department of Defense'' and
inserting ``the Secretary, the Deputy Secretary of
Defense, or an officer of the Department of Defense
designated by the Secretary or the Deputy Secretary'';
(B) in subparagraph (B), by striking ``the Chief
Management Officer'' and inserting ``the officer
conducting such review''; and
(C) in subparagraph (C), by striking ``the Chief
Management Officer'' and inserting ``the Secretary'';
and
(4) in paragraph (3), as so redesignated, by striking ``the
Chief Management Officer'' each place it appears in
subparagraphs (A) and (B) and inserting ``the officer
conducting such review''.
(c) Responsibility of Under Secretary of Defense (Comptroller) for
Financial Improvement and Audit Remediation Plan.--Subsection (a) of
section 240b of such title is amended to read as follows:
``(a) In General.--The Under Secretary of Defense (Comptroller)
shall, together with such other officers and employees of the
Department of Defense as the Secretary of Defense or the Deputy
Secretary of Defense may designate, shall maintain a plan to be known
as the `Financial Improvement and Audit Remediation Plan'.''.
(d) Performance Improvement Officer Functions for Defense Business
Systems.--Section 2222 of such title is amended--
(1) in subsection (e)(6)(C), by inserting ``and the
Performance Improvement Officer of the Department of Defense''
after ``The Director of Cost Assessment and Program
Evaluation''; and
(2) in subsection (f)(2)(B)--
(A) by redesignating clauses (i) through (iii) as
clauses (ii) through (iv), respectively; and
(B) by inserting before clause (ii), as
redesignated by paragraph (1), the following new clause
(i):
``(i) The Performance Improvement Officer
of the Department of Defense.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the effective date specified in section 911(a)(1).
SEC. 915. ASSIGNMENT OF RESPONSIBILITIES AND DUTIES OF CHIEF MANAGEMENT
OFFICER TO OFFICERS OR EMPLOYEES OF THE DEPARTMENT OF
DEFENSE TO BE DESIGNATED.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) In section 240d(d)(1)(A), by striking ``the Chief
Management Officer of the Department of Defense'' and inserting
``any other officer or employee of the Department of Defense
that the Secretary of Defense or the Deputy Secretary of
Defense may designate for purposes of this section''.
(2) Section 2222 is amended--
(A) in subsection (c)(2)--
(i) by striking ``the Chief Management
Officer of the Department of Defense,''; and
(ii) by striking ``and the Chief Management
Officer of each of the military departments''
and inserting ``the Chief Management Officer of
each of the military departments, and other
appropriate officers or employees of the
Department and its components'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``the
Chief Management Officer of the Department of
Defense'' and inserting ``such officers or
employees of the Department of Defense as the
Secretary shall designate'';
(ii) in paragraph (6)--
(I) in subparagraph (A)--
(aa) by striking ``The
Chief Management Officer of the
Department of Defense'' and
inserting ``Such officers of
the Department of Defense as
the Secretary shall
designate''; and
(bb) by striking ``the
Chief Management Officer'' and
inserting ``such officers'';
and
(II) in subparagraph (B), by
striking ``The Chief Management Officer
and the Under Secretary of Defense
(Comptroller)'' and inserting ``The
Under Secretary of Defense
(Comptroller) and such other officers
of the Department as the Secretary
shall designate'';
(C) in subsection (f)(1), by striking ``the Chief
Management Office and the Chief Information Office of
the Department of Defense'' and inserting ``the Chief
Information Officer of the Department of Defense and
such other officers or employees of the Department of
Defense as the Secretary may designate''; and
(D) in subsection (g)(2), by striking ``the Chief
Management Officer of the Department of Defense'' each
place it appears in subparagraphs (A) and (B)(ii) and
inserting ``an officer or employee of the Department of
Defense designated by the Secretary''.
(b) Title 40, United States Code.--Section 11319(d)(4) of title 40,
United States Code, is amended by striking ``the Chief Management
Officer of the Department of Defense (of any successor to such
Officer)'' and inserting ``the officer of the Department of Defense
designated by the Secretary of Defense or the Deputy Secretary of
Defense for such purpose''.
(c) Public Law 116-92.--Section 631(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended
by striking ``the Chief Management Officer of the Department of
Defense'' and inserting ``such officer of the Department of Defense as
the Secretary of Defense or the Deputy Secretary of Defense may
designate''.
(d) Public Law 115-232.--The John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended
as follows:
(1) In section 921(b)(1) (10 U.S.C. 2222 note)--
(A) in subparagraph (A), by striking ``the Chief
Management Officer of the Department of Defense'' and
inserting ``such officer or employee of the Department
of Defense as the Secretary of Defense or the Deputy
Secretary of Defense shall designate'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
striking ``CMO'';
(ii) by striking ``the Chief Management
Officer'' the first place it appears and
inserting ``the Secretary shall, acting through
such officer or employee of the Department as
the Secretary or the Deputy Secretary shall
designate''; and
(iii) by striking ``by the Chief Management
Officer''.
(2) In section 922 (10 U.S.C. 2222 note)--
(A) in subsection (a), by striking ``The Chief
Management Officer of the Department of Defense'' and
inserting ``An officer or employee of the Department of
Defense designated by the Secretary of Defense or the
Deputy Secretary of Defense''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``The
Chief Management Officer'' and
inserting ``The officer or employee
designated pursuant to subsection
(a)''; and
(II) in subparagraph (B), by
striking ``The Chief Management
Officer'' and inserting ``such officer
or employee''; and
(ii) in paragraph (2), by striking ``the
Chief Management Officer shall take appropriate
actions'' and inserting ``all appropriate
actions shall be taken''.
(3) In section 924 (10 U.S.C. 191 note)--
(A) in subsection (a), by striking ``the Chief
Management Officer of the Department of Defense'' in
the matter preceding paragraph (1) and inserting ``such
officer of the Department of Defense as the Secretary
or Defense or the Deputy Secretary of Defense shall
designate'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``the Chief Management Officer''
and inserting ``the officer designated pursuant
to subsection (a)''; and
(ii) in subparagraph (B), by striking ``the
Chief Management Officer'' and inserting ``such
officer''; and
(C) in subsection (c)--
(i) by striking ``the Chief Management
Officer'' the first place it appears and
inserting ``the officer designated pursuant to
subsection (a)''; and
(ii) by striking ``the Chief Management
Officer'' the second place it appears and
inserting ``such officer''.
(4) In section 925(a) (132 Stat. 1932), by striking ``the
Chief Management Officer of the Department of Defense'' in the
matter preceding paragraph (1) and inserting ``such officer of
the Department of Defense as the Secretary or Defense or the
Deputy Secretary of Defense shall designate''.
(5) In section 926(a) (132 Stat. 1932), by striking ``the
Chief Management Officer of the Department of Defense'' in the
matter preceding paragraph (1) and inserting ``such officer of
the Department of Defense as the Secretary or Defense or the
Deputy Secretary of Defense shall designate''.
(6) In section 927 (132 Stat. 1933)--
(A) in subsection (a), by striking ``the Chief
Management Officer of the Department of Defense'' and
inserting ``such officer of the Department of Defense
as the Secretary or Defense or the Deputy Secretary of
Defense shall designate''; and
(B) in subsections (c) and (d), by striking ``the
Chief Management Officer'' each place it appears and
inserting ``the officer designated pursuant to
subsection (a)''.
(7) In section 1624(a) (10 U.S.C. 2222 note)--
(A) in paragraph (1), by striking ``the Chief
Management Officer of the Department of Defense'' and
inserting ``such officer of the Department of Defense
as the Secretary or Defense or the Deputy Secretary of
Defense shall designate'';
(B) by striking ``the Chief Management Officer''
each place it appears in paragraphs (2), (3), and (4)
and inserting ``the officer designated pursuant to
paragraph (1)''; and
(C) by inserting ``and Security'' after ``for
Intelligence'' each place it appears.
(e) Public Law 114-92.--The National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) is amended as follows:
(1) In section 217--
(A) in subsection (a), by striking ``the Deputy
Chief Management Officer, and the Chief Information
Officer'' and inserting ``the Chief Information
Officer, and any other officer of the Department of
Defense designated by the Secretary of Defense or the
Deputy Secretary of Defense for such purpose''; and
(B) in subsections (b), (f)(1)(A)(ii), and
(f)(2)(B), by striking ``the Deputy Chief Management
Officer'' each place it appears and inserting ``any
officer designated pursuant to subsection (a)''.
(2) In section 881(a) (10 U.S.C. 2302 note), by striking
``the Deputy Chief Management Officer,''.
(f) Public Law 110-81.--Section 904 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-81; 122 Stat.
273)) is amended--
(1) in subsection (b)(4), by striking ``the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense'' and inserting ``such officer of the
Department of Defense as the Secretary of Defense or the Deputy
Secretary of Defense shall designate''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the Chief
Management Officer of the Department of Defense'' and
inserting ``such officer of the Department of Defense
as the Secretary of Defense or the Deputy Secretary of
Defense may designate for purposes of this
subsection''; and
(B) in paragraph (3), by striking ``the Chief
Management Officer'' and inserting ``the officer
designated pursuant to paragraph (1)''.
(g) Effective Date.--The amendments made by this section shall take
effect on the effective date specified in section 911(a)(1).
SEC. 916. DEFINITION OF ENTERPRISE BUSINESS OPERATIONS FOR TITLE 10,
UNITED STATES CODE.
Effective on the effective date specified in section 911(a)(1) of
this Act, section 101(e) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(9) Enterprise business operations.--The term `enterprise
business operations'--
``(A) means activities that constitute cross-
cutting business operations used by multiple components
of the Department of Defense, but excludes activities
that are directly tied to a single military department
or Department of Defense component; and
``(B) includes business-support functions
designated by the Secretary of Defense or the Deputy
Secretary of Defense, including aspects of financial
management, healthcare, acquisition and procurement,
supply chain and logistics, certain information
technology, real property, and human resources
operations.''.
SEC. 917. ANNUAL REPORT ON ENTERPRISE BUSINESS OPERATIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Annual Report Required.--Not later than March 31 each year, the
Secretary of Defense shall submit to Congress a report that includes
the following:
(1) Each proposed budget for the enterprise business
operations of a Defense Agency or Department of Defense Field
Activity for the fiscal year beginning in the year in which
such report is submitted.
(2) An identification of each proposed budget described in
paragraph (1) that does not achieve required levels of
efficiency and effectiveness for enterprise business
operations.
(3) A discussion of the actions that the Secretary proposes
to take, including recommendations for legislative action that
the Secretary considers appropriate, to address inadequate
levels of efficiency and effectiveness for enterprise business
operations achieved by the proposed budgets described in
paragraph (1).
(4) Any additional comments that the Secretary considers
appropriate regarding inadequate levels of efficiency and
effectiveness for enterprise business operations achieved by
the proposed budgets described in paragraph (1).
(b) Submittal.--The Secretary may submit a report required by
subsection (a) through the Deputy Secretary of Defense.
(c) Enterprise Business Operations Defined.--In this section, the
term ``enterprise business operations'' has the meaning given that term
in paragraph (9) of section 101(e) of title 10, United States Code (as
added by section 916 of this Act).
SEC. 918. CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) In section 131(b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (9) as
paragraphs (2) through (8), respectively; and
(C) in paragraph (7), as redesignated by
subparagraph (B)--
(i) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(ii) by inserting before subparagraph (B),
as redesignated by clause (i), the following
new subparagraph (A):
``(A) The Performance Improvement Officer of the Department
of Defense.''.
(2) In section 133a(c)--
(A) in paragraph (1), by striking ``, the Deputy
Secretary of Defense, and the Chief Management Officer
of the Department of Defense'' and inserting ``and the
Deputy Secretary of Defense''; and
(B) in paragraph (2), by striking ``the Chief
Management Officer,''.
(3) In section 133b(c)--
(A) in paragraph (1), by striking ``the Chief
Management Officer of the Department of Defense,''; and
(B) in paragraph (2), by striking ``the Chief
Management Officer,''.
(4) In section 137a(d), by striking ``the Chief Management
Officer of the Department of Defense,''.
(5) In section 138(d), by striking ``the Chief Management
Officer of the Department of Defense,''.
(6) In section 240b(b)(1)(C)(ii), by striking ``, the Chief
Management Officer,''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Chief
Management Officer of the Department of Defense.
(c) Effective Date.--The amendments made by this section shall take
effect on the effective date specified in section 911(a)(1).
Subtitle C--Space Force Matters
PART I--AMENDMENTS TO INTEGRATE THE SPACE FORCE INTO LAW
SEC. 931. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE OPERATIONS
AUTHORITIES.
(a) Composition of Space Force.--Section 9081 of title 10, United
States Code, is amended by striking subsection (b) and inserting the
following new subsection (b):
``(b) Composition.--The Space Force consists of--
``(1) the Regular Space Force;
``(2) all persons appointed or enlisted in, or conscripted
into, the Space Force, including those not assigned to units,
necessary to form the basis for a complete and immediate
mobilization for the national defense in the event of a
national emergency; and
``(3) all Space Force units and other Space Force
organizations, including installations and supporting and
auxiliary combat, training, administrative, and logistic
elements.''.
(b) Functions.--Section 9081 of title 10, United States Code, is
further amended--
(1) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Functions.--The Space Force shall be organized, trained, and
equipped to--
``(1) provide freedom of operation for the United States
in, from, and to space;
``(2) conduct space operations; and
``(3) protect the interests of the United States in
space.''; and
(2) by striking subsection (d).
(c) Clarification of Chief of Space Operations Authorities.--
Section 9082 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``general
officers of the Air Force'' and inserting ``general,
flag, or equivalent officers of the Space Force''; and
(B) by adding at the end the following new
paragraphs:
``(3) The President may appoint an officer as Chief of Space
Operations only if--
``(A) the officer has had significant experience in joint
duty assignments; and
``(B) such experience includes at least one full tour of
duty in a joint duty assignment (as defined in section 664(d)
of this title) as a general, flag, or equivalent officer of the
Space Force.
``(4) The President may waive paragraph (3) in the case of an
officer if the President determines such action is necessary in the
national interest.'';
(2) in subsection (b), by striking ``grade of general'' and
inserting ``grade in the Space Force equivalent to the grade of
general in the Army, Air Force, and Marine Corps, or admiral in
the Navy''; and
(3) in subsection (d)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph (5):
``(5) perform duties prescribed for the Chief of Space
Operations by sections 171 and 2547 of this title and other
provision of law; and''.
(d) Repeal of Officer Career Field for Space.--Section 9083 of
title 10, United States Code, is repealed.
(e) Regular Space Force.--Chapter 908 of title 10, United States
Code, as amended by subsection (d), is further amended by adding at the
end the following new section 9083:
``Sec. 9083. Regular Space Force: composition
``(a) In General.--The Regular Space Force is the component of the
Space Force that consists of persons whose continuous service on active
duty in both peace and war is contemplated by law, and of retired
members of the Regular Space Force.
``(b) Composition.--The Regular Space Force includes--
``(1) the officers and enlisted members of the Regular
Space Force; and
``(2) the retired officers and enlisted members of the
Regular Space Force.''.
(f) Table of Sections.--The table of sections at the beginning of
chapter 908 of title 10, United States Code, is amended by striking the
item relating to section 9083 and inserting the following new item:
``9083. Regular Space Force: composition.''.
SEC. 931A. OFFICE OF THE CHIEF OF SPACE OPERATIONS.
(a) In General.--Chapter 908 of title 10, United States Code, as
amended by section 931(e) of this Act, is further amended--
(1) by redesignating section 9083 as section 9085; and
(2) by inserting after section 9082 the following new
sections:
``Sec. 9083. Office of the Chief of Space Operations: function;
composition
``(a) Function.--There is in the executive part of the Department
of the Air Force an Office of the Chief of Space Operations to assist
the Secretary of the Air Force in carrying out the responsibilities of
the Secretary.
``(b) Composition.--The Office of the Chief of Space Operations is
composed of the following:
``(1) The Chief of Space Operations.
``(2) Such other offices and officials as may be
established by law or as the Secretary of the Air Force may
establish or designate.
``(3) Other members of the Space Force and Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(4) Civilian employees in the Department of the Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(c) Organization.--Except as otherwise specifically prescribed by
law, the Office of the Chief of Space Operations shall be organized in
such manner, and the members of the Office of the Chief of Space
Operations shall perform such duties and have such titles, as the
Secretary of the Air Force may prescribe.
``Sec. 9084. Office of the Chief of Space Operations: general duties
``(a) Professional Assistance.--The Office of the Chief of Space
Operations shall furnish professional assistance to the Secretary of
the Air Force, the Chief of Space Operations, and other personnel of
the Office of the Secretary of the Air Force or the Office of the Chief
of Space Operations.
``(b) Authorities.--Under the authority, direction, and control of
the Secretary of the Air Force, the Office of the Chief of Space
Operations shall--
``(1) subject to subsections (c) and (d) of section 9014 of
this title, prepare for such employment of the Space Force, and
for such recruiting, organizing, supplying, equipping
(including research and development), training, servicing,
mobilizing, demobilizing, administering, and maintaining of the
Space Force, as will assist in the execution of any power,
duty, or function of the Secretary of the Air Force or the
Chief of Space Operations;
``(2) investigate and report upon the efficiency of the
Space Force and its preparation to support military operations
by commanders of the combatant commands;
``(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans and
instructions;
``(4) as directed by the Secretary of the Air Force or the
Chief of Space Operations, coordinate the action of
organizations of the Space Force; and
``(5) perform such other duties, not otherwise assigned by
law, as may be prescribed by the Secretary of the Air Force.''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 908 of such title, as amended by section 931(f) of this Act, is
further amended by striking the item related to section 9083 and
inserting the following the following new items:
``9083. Office of the Chief of Space Operations: function; composition.
``9084. Office of the Chief of Space Operations: general duties.
``9085. Regular Space Force: composition.''.
SEC. 932. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN TITLE
10, UNITED STATES CODE.
(a) Subtitle.--
(1) Heading.--The heading of subtitle D of title 10, United
States Code, is amended to read as follows:
``Subtitle D--Air Force and Space Force''.
(2) Table of subtitles.--The table of subtitles at the
beginning of such title is amended is amended by striking the
item relating to subtitle D and inserting the following new
item:
``D. Air Force and Space Force.............................. 9011''.
(b) Organization.--
(1) Secretary of the air force.--Section 9013 of title 10,
United States Code, is amended--
(A) in subsection (f), by inserting ``and officers
of the Space Force'' after ``Officers of the Air
Force''; and
(B) in subsection (g)(1), by inserting ``, members
of the Space Force,'' after ``members of the Air
Force''.
(2) Office of the secretary of the air force.--Section 9014
of such title is amended--
(A) in subsection (b), by striking paragraph (4)
and inserting the following new paragraph (4)
``(4) The Inspector General of the Department of the Air
Force.'';
(B) in subsection (c)--
(i) in paragraph (1), by striking ``and the
Air Staff'' and inserting ``, the Air Staff,
and the Office of the Chief of Space
Operations'';
(ii) in paragraph (2), by inserting ``or
the Office of the Chief of Space Operations''
after ``the Air Staff'';
(iii) in paragraph (3), by striking ``to
the Chief of Staff and to the Air Staff'' and
all that follows through the end and inserting
``to the Chief of Staff of the Air Force and
the Air Staff, and to the Chief of Space
Operations and the Office of the Chief of Space
Operations, and shall ensure that each such
office or entity provides the Chief of Staff
and Chief of Space Operations such staff
support as the Chief concerned considers
necessary to perform the Chief's duties and
responsibilities.''; and
(iv) in paragraph (4)--
(I) by inserting ``and the Office
of the Chief of Space Operations''
after ``the Air Staff''; and
(II) by inserting ``and the Chief
of Space Operations'' after ``Chief of
Staff'';
(C) in subsection (d)--
(i) in paragraph (1), by striking ``and the
Air Staff'' and inserting ``, the Air Staff,
and the Office of the Chief of Space
Operations'';
(ii) in paragraph (2), by inserting ``and
the Office of the Chief of Space Operations''
after ``the Air Staff''; and
(iii) in paragraph (4), by striking ``to
the Chief of Staff of the Air Force and to the
Air Staff'' and all that follows through the
end and inserting ``to the Chief of Staff of
the Air Force and the Air Staff, and to the
Chief of Space Operations and the Office of the
Chief of Space Operations, and shall ensure
that each such office or entity provides the
Chief of Staff and Chief of Space Operations
such staff support as the Chief concerned
considers necessary to perform the Chief's
duties and responsibilities.''; and
(D) in subsection (e)--
(i) by striking ``and the Air Staff'' and
inserting ``, the Air Staff, and the Office of
the Chief of Space Operations''; and
(ii) by striking ``to the other'' and
inserting ``to any of the others''.
(3) Secretary of the air force: successors to duties.--
Section 9017(4) of such title is amended by inserting before
the period the following: ``of the Air Force and the Chief of
Space Operations, in the order prescribed by the Secretary of
the Air Force and approved by the Secretary of Defense''.
(4) Inspector general.--Section 9020 of such title is
amended--
(A) in subsection (a)--
(i) by inserting ``Department of the''
after ``Inspector General of the''; and
(ii) by inserting ``or the general, flag,
or equivalent officers of the Space Force''
after ``general officers of the Air Force'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``or the Chief of Staff'' and
inserting ``, the Chief of Staff of the Air
Force, or the Chief of Space Operations'';
(ii) in paragraph (1), by inserting
``Department of the'' before ``Air Force''; and
(iii) in paragraph (2), by striking ``or
the Chief of Staff'' and inserting ``, the
Chief of Staff, or the Chief of Space
Operations'' ; and
(C) in subsection (e), by inserting ``or the Space
Force'' before ``for a tour of duty''.
(5) The air staff: function; composition.--Section
9031(b)(8) of such title is amended by inserting ``or the Space
Force'' after ``of the Air Force''.
(6) Surgeon general: appointment; duties.--Section 9036(b)
of such title is amended--
(A) in paragraph (1), by striking ``Secretary of
the Air Force and the Chief of Staff of the Air Force
on all health and medical matters of the Air Force''
and inserting ``Secretary of the Air Force, the Chief
of Staff of the Air Force, and the Chief of Space
Operations on all health and medical matters of the Air
Force and the Space Force''; and
(B) in paragraph (2)--
(i) by inserting ``and the Space Force''
after ``of the Air Force'' the first place it
appears; and
(ii) by inserting ``and members of the
Space Force'' after ``of the Air Force'' the
second place it appears.
(7) Judge advocate general, deputy judge advocate general:
appointment; duties.--Section 9037 of such title is amended--
(A) in subsection (e)(2)(B), by inserting ``or the
Space Force'' after ``of the Air Force''; and
(B) in subsection (f)(1), by striking ``the
Secretary of the Air Force or the Chief of Staff of the
Air Force'' and inserting ``the Secretary of the Air
Force, the Chief of Staff of the Air Force, or the
Chief of Space Operations''.
(8) Chief of chaplains: appointment; duties.--Section
9039(a) of such title is amended by striking ``in the Air
Force'' and inserting ``for the Air Force and the Space
Force''.
(9) Provision of certain professional functions for the
space force.--Section 9063 of such title is amended--
(A) in subsections (a) through (i), by striking
``in the Air Force'' each place it appears and
inserting ``in the Air Force and the Space Force''; and
(B) in subsection (i), as amended by subparagraph
(A), by inserting ``or the Space Force'' after
``members of the Air Force''.
(c) Personnel.--
(1) Gender-free basis for acceptance of original
enlistments.--
(A) In general.--Section 9132 of title 10, United
States Code, is amended by inserting ``or the Regular
Space Force'' after ``Regular Air Force''.
(B) Heading.--The heading of such section 9132 is
amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: gender-free
basis for acceptance of original enlistments''.
(C) Table of sections.--The table of sections at
the beginning of chapter 913 of such title is amended
by striking the item relating to section 9132 and
inserting the following new item:
``9132. Regular Air Force and Regular Space Force: gender-free basis
for acceptance of original enlistments.''.
(2) Reenlistment after service as an officer.--
(A) In general.--Section 9138 of such title is
amended in subsection (a)--
(i) by inserting ``or the Regular Space
Force'' after ``Regular Air Force'' both places
it appears; and